Liberty-Restricting Measure in Tilburg
In Tilburg and surrounding areas, a liberty-restricting measure is a popular alternative sanction in Dutch criminal law. It restricts the convicted person's freedom of movement without imprisonment, such as through an ankle bracelet, location bans, or contact restrictions. These sanctions are often used for minor offenses in the region to prevent recidivism and reintegrate the individual more quickly into Tilburg society, rather than opting for short-term detention.
Legal Basis
These liberty-restricting measures have been codified since the Act of 23 December 2004, in Title IIIA of Book 1 of the Criminal Code (articles 15c to 15i Sr). They replace a custodial sentence of up to a maximum of two years (art. 15c(1) Sr). The District Court of Zeeland-West-Brabant in Breda decides on this, based on a pro justitia report, taking into account the offender's background, the offense committed in Tilburg, and recidivism risks.
They fit within the system of conditional sentences (art. 1a et seq. Sr) and differ from traditional penalties such as imprisonment (art. 10 Sr) or detention (art. 11 Sr), as they serve as an alternative. They are often combined with a probationary period (art. 1b Sr).
Types of Liberty-Restricting Measures
In Tilburg practice, there are three primary variants:
- Electronic supervision (ET) (art. 15d Sr): An ankle bracelet monitors the home situation. Leaving home is permitted only for work, study, or care, ideal for Tilburg residents with a job in the city.
- Location and contact bans (LCV) (art. 15e Sr): Bans on entering specific places in Tilburg, such as a victim's neighborhood, or contacting certain persons. This builds on a contact ban as a penalty.
- Suspension of conditional enforcement of a fine (SVVIG) (art. 15f Sr): Fine deferral with conditions such as reporting duties to probation or participation in local behavioral programs.
Conditions for Imposition and Duration
The judge in Breda imposes a liberty-restricting measure for sentences up to two years, provided compliance is realistic. The duration matches the substituted sentence, up to a maximum of two years; ET starts from 14 days. Probation in Tilburg supervises enforcement (art. 15g Sr) and can propose adjustments in case of issues.
Practical Example 1: Electronic Supervision in Tilburg
A resident from the Het Zand neighborhood steals goods from a Jumbo supermarket on Doctor Deelenstraat (art. 310 Sr). The prosecutor demands 4 months' imprisonment, but the judge opts for 4 months' ET. The person stays home with an ankle bracelet and only goes to work in the city. After two months, it proceeds smoothly and ends successfully.
Practical Example 2: Location Ban in Tilburg
A young adult from Krul ganzenbeeksingel receives an LCV following domestic violence (art. 304 Sr). They may not come within 500 meters of the ex-partner's address in Tilburg-Noord. Violation leads to imprisonment, preventing escalation and bringing peace to those involved.
Rights and Obligations
Rights of the Convicted Person
- Right to be heard and to present a defense before the ruling (art. 15c(3) Sr).
- Access to legal assistance; the Juridisch Loket Tilburg offers free advice.
- Request for adjustment in changed circumstances (art. 15h Sr).
- Privacy protection; ankle bracelet data is used on a limited basis.
Obligations of the Convicted Person
- Strictly comply with conditions, such as staying home during ET.
- Cooperate with local probation.
- Immediately report changes in address or employment, for example, when moving within the Municipality of Tilburg.
- Upon breach, the measure lapses and the original sentence is enforced (art. 15i Sr).
Comparison with Other Penalties
| Aspect | Liberty-Restricting Measure | Imprisonment | Community Service |
|---|---|---|---|
| Purpose | Reintegration, recidivism prevention | Punishment, retribution | Restoration, work |
| Duration | Max. 2 years, flexible | Fixed, min. 1 day | Max. 240 hours |
| Location | Freedom restricted at home/outside | Full detention | Free, with work |
| Costs | Low for the state (no cell) | High (incarceration) | Average |
| Recidivism Effect | Good with motivation | Moderate | Good |
Frequently Asked Questions
Can a liberty-restricting measure in Tilburg be converted to imprisonment?
Yes, non-compliance causes the substitution to lapse and the original sentence to be enforced (art. 15i Sr). Probation in Tilburg advises the judge.
Who pays for the ankle bracelet in ET in Tilburg?
The government pays; you do not contribute, but must allow installation.
What if you move during ET in Tilburg?
Report it immediately to probation; they arrange a change via the judge (art. 15h Sr), including moves within the municipality.
Does this apply to traffic offenses in Tilburg?
Yes, such as reckless driving in the city, if the sentence is short and reintegration is feasible.
Tips and Recommendations for Tilburg Residents
- Seek local legal advice: Visit the Juridisch Loket Tilburg for free help in advocating for this measure. Or contact the Municipality of Tilburg for support.
- Follow probation advice: Participate in local therapy or courses to ensure success.
- Document everything: Keep records of all contacts and compliance for evidence at the District Court of Zeeland-West-Brabant.