Special procedures in criminal cases, 1990-2016
Explanation of symbols
Dataset is not available.
This table contains information about compensations to former suspects and about
the granting of pardons.
The data concerning compensations are subdivided into compensations due to wrongful incarceration and compensations for costs as a result of being a suspect.
Of these compensations, there is information on
- submitted requests
- granted requests
- granted amounts for the requests and the average amount per granted request
The data on pardons are subdivided into received requests for a pardon and decisions on pardons.
- granted unconditional pardons
- granted conditional pardons
- denied requests for pardons
Data available from 1990 to 2016.
Status of the figures:
The figures in this table are definite.
Changes as of 30 November, 2017:
None, this table has been stopped.
When will new data be published?
Due to funding cuts there will be no new data for this statistic as from 1 January 2018. For more information see the link in paragraph 3.
Description topics
- Compensations to former suspects
- The number of requests for financial compensation by former suspects.
A former suspect who has been taken into police custody or pre-trial
detention can claim compensation if the proceeding was concluded
without sanctioning. The same holds if the suspect has been convicted
but the police custody or pre-trial detention was not lawful for the
specific crime for which the suspect was detained.
Furthermore, if a case has been concluded without sanctioning, a suspect
can claim compensation on the basis of article 591a of the Code of
Criminal Procedure.
A former suspect can also invoke both articles. In that case the request
on the basis of article 89 and the request on the basis of article 591a
will be considered separately. In the table, both requests will be
counted as separate requests.- Total of financial compensations
- Total number of requests for financial compensation by former suspects.
The former suspect can simultaneously demand compensation on the
basis of wrongful detention as well as on the basis of the restitution of
costs.
When this is the case, the requests will be considered as separate.- Requests granted
- The total number of granted requests for compensation due to wrongful
detention or costs made.
- Awarded amount
- The total amount of compensations awarded due to wrongful detention or the
compensation of costs made.
- Due to wrongful detention
- The number of requests for compensation due to wrongful detention.
A former suspect who has been taken into police custody and/or
pre-trial detention, can appeal for compensation on the basis of article 89 of the Code of Criminal Procedure if he or she has sustained damage due to unlawful actions by the government or if the (former) suspect has been detained unlawfully.
For the compensation of damage due to wrongful detention, both the
material as well as the immaterial damage will be taken into account if the suspect has been incarcerated in a police cell or a detention centre. Costs made and loss of revenue is not included in this compensation.- Requests granted
- The total number of granted requests for compensation due to wrongful
detention.
- Awarded amount
- The total amount of granted requests for compensation due to wrongful detention.
- Compensation of costs made
- The number of requests for compensation of costs made.
When a criminal case has ended without sanctioning, the suspect can submit an appeal for compensation on the basis of article 519a of the Code of Criminal Procedure. E.g. costs of: travel, accommodation, loss of revenue and legal representation.- Requests granted
- The total number of granted requests for compensation of costs made.
- Awarded amount
- The total amount for the granted compensations of costs made.
- Requested pardons
- The number of requested pardons.
After sentencing, the offender or a third party may submit a request for a
pardon to remit part or all of the sentence.
The law concerning pardons describes two grounds on which a pardon
can be given.
First, circumstances may exist which the judge did not consider or did
not consider enough when reaching a verdict, while these circumstances
may have led to a lighter sentence.
Second, the realisation of (part of) the sentence will serve no reasonable
purpose.- Decisions
- The number of requests for the granting of pardons.
A letter of request may pertain to more than one sanction. A decision is reached for each individual sanction and then counted.- Total number of decisions
- The total number of decisions concerning requests for pardons.
- Granted unconditional pardons
- The number of requests on which a decision for unconditional pardon is reached.
In the case of unconditional pardon, no conditions are set for the
offender.
- Conditional granting of pardon
- The number of requests on which a decision of conditional pardon is
reached.
For a conditional pardon, conditions may be set for the offender to comply with. E.g. that the offender fulfils a working or learning sanction, or repairs the damage caused by the crime. The offender may also be required to pay a fine, or repair the damage caused by the crime completely or in part.
Usually, for a conditional pardon there is a probationary period of two years but the minister of Justice and Security may reduce or increase this period.
- Pardon requests rejected
- The number of rejected requests for pardons.