When are You, as a Detainee, Eligible for General Leave?
General leave (AVG) is intended to prepare you as a detainee for a successful return to society. You are eligible for general leave if your remaining sentence is at least three months and at most one year. The condition is that you have served at least 1/3 of your prison sentence. In certain cases, general leave is also possible if your criminal case is still in appeal.
How Often are You Allowed General Leave?
How often you as a detainee are allowed general leave depends on your remaining sentence. You can receive a maximum of half the number of months of your remaining sentence in leaves. For illustration: with a remaining sentence of ten months imprisonment, you can get a maximum of five general leaves. The remaining sentence is rounded down, so even with a remaining sentence of eleven months, you get a maximum of five months of general leave. Furthermore, each general leave lasts a maximum of sixty hours.
When are You, as a Detainee, Eligible for Incidental Leave?
In addition to general leave, you can request incidental leave to attend an event in the personal sphere where your presence is necessary. Think, for example, of visiting a newborn, attending a funeral, or visiting a partner or family member in mortal danger. Incidental leave is generally granted for a maximum duration of one day and can (if necessary) take place under supervision or guard.
Who Decides on Granting General and Incidental Leave?
To get leave, you as a detainee must submit a request for leave to the director or the selection official. In most cases, the prison director decides on granting your leave. Only in a few exceptional cases does the selection official decide on your leave request. We can inform you about the procedure to follow in your case. Feel free to contact us.
Can You File a Complaint or Appeal against the Rejection of General and Incidental Leave?
If the selection official decides negatively on your request for leave, you can directly appeal against that decision to the RSJ. If the prison director decides negatively on your request for leave, you can file a complaint with the complaints committee. You have seven days after you have been informed of the rejection of your leave request. The law requires that you state as precisely as possible in the complaint the decision being complained about and the reasons for the complaint. If you don’t do this, the complaints committee may declare your complaint “manifestly” unfounded or “manifestly” inadmissible. Therefore, it’s wise to contact one of our experienced criminal defense lawyers as soon as possible. If you then disagree with the decision of the complaints committee, you can appeal to the RSJ. Feel free to contact us.
What is the Difference between Incidental Leave and Sentence Interruption?
Both incidental leave and sentence interruption allow you as a detainee to attend an event in the personal sphere. However, differences exist. Firstly, incidental leave applies to both convicted and pre-trial detainees. Sentence interruption, on the other hand, only applies to convicted individuals. Secondly, incidental leave typically lasts one day, while sentence interruption can last up to three months. Thirdly, in the case of incidental leave, the time spent in freedom does not need to be “made up”. With sentence interruption, this is the case. The execution of the sentence is then only suspended.
Why is it Wise to Engage a Lawyer in Case of Leave Decisions?
If you disagree with the rejection of your request for leave in a complaint or appeal procedure. In these procedures, you must take into account various legal requirements. Not only do you need to pay attention to the legal complaint and appeal period of seven days. You will also need to thoroughly substantiate why you disagree with the rejection of your leave request. Therefore, it’s wise to contact one of our experienced lawyers. Our specialists know which arguments we need to present in these complaint and appeal procedures to increase your chances of a successful outcome. You can contact us at any time without obligation.
