What is Sentence Interruption?
If you have been irrevocably convicted, you may be eligible for sentence interruption (SOB) under certain conditions. The Minister of Justice and Security can grant sentence interruption due to such special circumstances in personal life that cannot be addressed with any other form of leave. Sentence interruption can be granted, among other reasons, for the care of a seriously ill life partner, child or parent, or to attend the delivery of a life partner. Sentence interruption can also be granted for medical and therapeutic reasons, provided that the institution’s doctor has confirmed that these reasons prevent the continuation of detention. During the sentence interruption, the execution of the prison sentence is suspended. The time you have spent in freedom must therefore be “served afterwards”. This is different from regular leave. The sentence interruption lasts a minimum of two days and a maximum of ninety days.
Can You Appeal against the Rejection of your Request for Sentence Interruption?
As a detainee, you have the right to request a sentence interruption. This request must be submitted to the prison director. If you as a detainee want to submit a request for sentence interruption, the prison director sends the necessary information to the Minister of Justice and Security. If the Minister rejects your request for sentence interruption, you can directly appeal to the RSJ. You can also appeal if the permission already granted for sentence interruption is withdrawn. Our specialists can assist you in this appeal procedure and know how to significantly increase your chances of success.
What is the Difference between Incidental Leave and Sentence Interruption?
Both incidental leave and sentence interruption allow detainees to attend an event in their personal sphere. However, there are differences:
- Sentence interruption applies to convicted individuals. Incidental leave, on the other hand, applies not only to convicted individuals but also to those in pre-trial detention.
- Incidental leave typically lasts one day, while sentence interruption can last up to three months.
- In case of sentence interruption, the time spent in freedom must be “made up”. This is not the case with incidental leave.
Why is it Advisable to Engage a Lawyer for a Request for Sentence Interruption?
The law imposes statutory requirements on both the notice of appeal and the notice of objection. You will need to provide a good justification for why you disagree with the Minister’s decision. Moreover, you must take into account a statutory deadline of seven days. If you disagree with the rejection of your request for sentence interruption, it is advisable to contact us promptly. Through years of experience, our lawyers know how to significantly increase your chances of success in such an appeal procedure. Feel free to contact us.
