Life imprisonment (levenslange gevangenisstraf) is the heaviest sentence a Dutch criminal court can impose. Under Article 10 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr), the prisoner in principle remains in prison for the rest of their life. Early release is only possible through a pardon (gratie), after a review that starts at 25 years.
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Which offences can lead to a life sentence?
Only the most serious offences for which the law expressly provides it. Examples are murder (Article 289 Sr), manslaughter linked to another offence (Article 288 Sr) and manslaughter with a terrorist aim (Article 288a Sr). The court may always choose a fixed-term sentence instead, which under Article 10 Sr is at most 30 years.
Can a life prisoner ever be released?
Yes, but only through a pardon. Conditional early release does not apply to life sentences. Since 1 March 2017, an independent Advisory Board for Life Prisoners (Adviescollege levenslanggestraften) advises the minister no later than 25 years into detention on whether the prisoner may start preparing for return to society. Since 1 July 2023, the minister then assesses a pardon of their own motion after 28 years, under Article 19 of the Pardon Act (Gratiewet).
Is a Dutch life sentence compatible with human rights?
The European Court of Human Rights requires a realistic prospect of release under Article 3 ECHR, as it held in Murray v. the Netherlands (2016). After the review system was introduced, the Dutch Supreme Court ruled on 19 December 2017 (ECLI:NL:HR:2017:3185) that Dutch law now meets this requirement. The European Court reached the same conclusion in April 2026.
Frequently asked questions
What does the Advisory Board look at?
The risk of reoffending, the seriousness of the offence, the prisoner’s conduct and development in detention, and the impact on victims and surviving relatives.
Can I appeal a life sentence?
Yes. You can appeal to the court of appeal within 14 days, and then lodge a cassation appeal with the Supreme Court. Our firm acts in criminal cassation cases itself.
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