A pardon (gratie) is the full or partial remission, reduction or conversion of a sentence imposed by a Dutch criminal court that has become final. It is granted by royal decree after advice from the sentencing court, under Article 122 of the Dutch Constitution and the Pardon Act (Gratiewet). The conviction itself stays in place.
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On what grounds is a pardon granted?
Pardons are exceptional. Article 2 of the Pardon Act sets two grounds: a circumstance the court did not or could not take into account that would have led to a different sentence, or the fact that enforcing the sentence no longer serves any reasonable purpose. Serious illness or a fundamentally changed personal situation are typical examples.
Which sentences qualify?
Sentences imposed by a Dutch criminal court, such as imprisonment, a community service order or a driving disqualification. For fines, only amounts above 340 euro qualify. The sentence must be final, so an appeal or cassation appeal comes first.
How does the procedure work?
You file the request on the official Justis form, signed and with reasons and supporting evidence. If information is missing, you get 6 weeks to complete it. The minister then asks the sentencing court, and where relevant the public prosecutor, for advice. After a negative advice the minister can refuse the request without a royal decree, unless the sentence is 6 years or more or the advice was not unanimous.
Frequently asked questions
Is my sentence suspended while the request is pending?
Not automatically. If the request is taken into consideration, the minister may decide to suspend enforcement until a decision is made.
Can a pardon come with conditions?
Yes. Under Article 13 of the Pardon Act, conditions can include unpaid work, a payment to the State or compensation for damage.
Related terms
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