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What is grace?
If the court has imposed a penalty or measure on you, it is possible to apply for a reduction, conversion or remission of that penalty or measure. This is called a request for a pardon. A pardon is not a form of occupation. Thus, the judge's ruling will not be reviewed.
What punishments can be pardoned?
Pardon is only possible for punishments or measures that are final. If you still have an opportunity to appeal, a pardon cannot be granted. First of all, pardon can be granted for punishments such as imprisonment, community service and a fine exceeding €340. In addition, a pardon is also possible if the judge has imposed TBS or the ISD measure on you.
What are reasons for grace?
Pardon is granted only if there are new circumstances that the judge did not know about when the sentence or measure was imposed. Those new circumstances must be so significant that the judge probably would have made a different decision. Examples of reasons why pardons are granted include illness, holding a (permanent) job or having to provide for one's family.
By whom is pardon granted?
Pardons are granted by the King. Before the King decides on the request, the judge and the Minister of Justice and Security advise on the pardon request. In some cases, advice is also sought from the Public Prosecutor's Office.
What happens to your sentence after the pardon is filed?
In some cases, enforcement of the sentence or measure is postponed until the pardon request is decided. This is the case, for example, when the sentence is 6 months or less in prison, a fine or community service.
If your pardon request is denied, you must still serve your sentence. A new pardon request cannot be filed until one year after the rejection. If the pardon is granted, the sentence or measure may be reduced, remitted or converted to another sentence. For example, a prison sentence may be converted to community service. A condition may also be imposed that you must maintain contact with the probation service.
Why is it wise to hire a lawyer when applying for a pardon?
If you wish to file a pardon, it is wise to contact one of our criminal lawyers. We can advise you on your criminal case options. In addition, we will help you file a legally sound pardon petition. Our attorneys have specialized knowledge. Through experience in these proceedings, they know how to significantly increase your chances of success in these proceedings. Please feel free to contact us at any time.
Are you looking for a criminal lawyer specializing in Grace?
Then contact us immediately for legal assistance in Grace.
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