Let the Public Prosecutor's Office handle the lighter cases itself. Then judges can focus on the heavier cases so that there are enough cells for the convicts who really belong there, argues attorney Peter Plasman.
Of course, 6 years is a lot, but even stealing a cow from a pasture or stealing a few cans of beer by two 18-year-old boys is subject to this penalty maximum, while everyone realizes that 6 years will then never be imposed. So the statutory maximum penalty says nothing about the seriousness of the offense. The prosecution will continue to issue summonses in cases where it believes a sentence of more than 6 months is appropriate.
On Tuesday, this new approach will be discussed in the House of Representatives. It is to be hoped that MPs are sufficiently aware of the necessity of the line finally taken by the Public Prosecutor's Office. After all, the criminal justice system is creaking at the seams. The police faces major staffing problems, detection falters, police officers become demotivated.
Suspects are increasingly not being prosecuted due to insufficient capacity at the prosecution and insufficient courtroom space in criminal courts. When prosecutions do take place, they can take years or even stall. There are some 6,500 serious cases on the shelf, I have heard from a reliable source.
Sierra Leone
Sentences are widely not enforced for lack of cell space. Convicts who do remain in custody are released prematurely, thousands of convicts roam free and others can easily hide. Pre-trial detention, even in very serious cases, is suspended because substantive hearings cannot be scheduled. Big guys raise the middle finger from Dubai, Sierra Leone or their Lamborghini.
A prosecutor recently reported to a victim in an evidentiary case, "The available capacity at this time goes primarily to explosions, street robberies, vice cases, domestic violence, cybercrime and violent crime. Even in these cases, sometimes not everything can be picked up and investigated.' Added: "Although I can understand that these events have had a great impact on you, I have decided that conducting investigations is not appropriate.
This is not an incident, it is policy. In short, there is a crisis.
Cell Space
To get things back on track and maintain confidence, it is essential that judges focus more on the tougher cases, that as many offenders as possible face punishment, and that cell space is available for convicts who truly belong there. While recognizing that it will never be possible to address all crimes, choices will always have to be made. Against that background, the Public Prosecutor's Office has decided to adjust the policy, a serious start to a solution.
As an intended consequence of this new policy, the short prison sentence (for now, only for property crimes) will disappear from the picture, and this is unfortunately still seen as a disadvantage by some politicians, such as from the PVV. In 2023, a readable WODC report concluding that short prison sentences are not preferable to other types of punishment.
Stigma
Indeed, the goals of punishment are not achieved while great damage is often done: loss of job, home, relationship, stigmatization of children et cetera. Viewed this way, the disappearance of the short prison sentence is actually an advantage of the new policy. Moreover, in terms of short custodial sentences, the Netherlands leads Europe; our neighbors have already understood that the short custodial sentence only brings disadvantages.
But more importantly, replacing the short prison sentence with another sentencing modality creates very significant room to actually address the issues. In about 70 percent of criminal cases, the a prison sentence of less than three months imposed, so count the profits when it comes to finding cell space.
The Judicial Council cites as an objection that the lack of disclosure and the significant reduction in sentencing may detract from credibility and effectiveness of criminal justice. That sounds nice, but it completely ignores social reality.
Visible impotence
If anything erodes credibility and effectiveness, it is the visible inability to try cases and execute criminal decisions (in a timely manner). Nor does the Judicial Council come up with any other solutions. Of course there are points of attention, legal assistance should be identical to that in the police court and rights of the victim should be guaranteed. The Public Prosecutor's Office has these points recently also explicitly named themselves.
The prosecution can use this policy to ensure that as many offenders as possible are provided with a sentence, and that tough guys are provided with a tough sentence. The middle fingers to society must go away. Blocking this new policy without offering a solution means muddling through; many of my clients will applaud that. That cannot be a good sign.
