{"product_id":"vragen-69608-de-reclassering-wil-een-voorwaardelijk-sepot-opleggenmaar-moet-dit-nog-overleggen-met-collegas","title":"Conditional dismissal: What you need to know","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n The probation service wants to impose a conditional dismissal, but must still discuss this with colleagues.\n\n -What does a conditional dismissal entail?\n\n -What is the difference between a conditional dismissal and a suspended sentence?\n\n -Which of the two are you better off with?\n \nThe probation service says, a fine will be difficult because of your financial problems and a community service order will be difficult because you are completely incapacitated, both mentally and physically.\n\n -I sought help and guidance myself after this event, and have now been stable for 9 months and I am doing well.\n\n Is this taken into account?\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear,\n A conditional dismissal is a decision by the Public Prosecution Service not to prosecute you immediately, but to dismiss your case (not to pursue it further in court) on certain conditions (that you no longer commit a specific crime\/offense). Compliance with these conditions is usually monitored by the probation service. The difference with a conditional sentence is that your case will still go to trial (so you will be prosecuted by the Public Prosecution Service), but the judge will not impose a sentence to serve, subject to conditions set by the judge. If you do fail to comply with this sentence, you run the risk of having it converted to an unconditional sentence.\n \nYou are better off with a conditional dismissal, because then you do not have to appear before the court and you have the chance of being convicted.\n\n Naturally, the Public Prosecution Service (and of course the court) takes into account the context and your recent behavior.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer. The probation officer wants to pursue a conditional dismissal, and now she has to convince her colleagues. Do you expect this to work?\n\n Can you also be given a penalty or fine in the event of a conditional dismissal?\n Then it's no longer conditional, right?\n\n There will be a public prosecutor's hearing in my case because of angry emails I sent last year.\n\n Do you get a criminal record with a conditional dismissal?\n\n I don't understand this sentence (but the judge doesn't give you a sentence to serve, under the conditions set by the judge?)\n\n Are conditions always imposed when a conditional dismissal is granted?\n\r \nThe probation officer said she wasn't considering a reporting requirement or training because I couldn't handle it mentally.\n\n And besides, I already have guidance and I have a psychologist, I immediately sought help after the angry emails.\n\n This lady now has to make it clear to her eight colleagues that a conditional dismissal is the best option; that will be difficult, won't it?\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n You describe that you sought help yourself and have been stable for nine months. These are indeed reasons that your behavior has changed and that you also wanted to change it. That's always positive. The probation officer will probably have noticed this as well. Since I don't know the specifics of the case, what happened, or what the other side of the story is, I can't say for sure whether this conditional dismissal will happen. That's up to the probation officer\/Public Prosecution Service. But I think that you've changed your own behavior for the better, and you certainly have a good chance.\n\r \nConditional means that something is subject to change. So, your case will not be prosecuted if you meet certain conditions. The Public Prosecution Service can only grant a conditional dismissal if they have sufficient evidence against you. A fine is a form of punishment that can be imposed by the court (Article 9 of the Dutch Criminal Code) or, for example, by the police in the case of a traffic violation. With a conditional dismissal, a fine cannot actually be imposed, but compensation can be awarded to another person, for example, in the case of a violent crime. In exchange for the compensation, your case is then conditionally dismissed (that's how it works).\n\n Your case will indeed be a special hearing; no judge will be involved.\n\n You can read more about whether it will appear on your criminal record here:\n https:\/\/www.justid.nl\/organisatie\/JDS\/registratie.aspx\n\r \nIt's difficult to say whether it will appear on your criminal record. As soon as you are suspected of a crime and the Public Prosecution Service (OM) takes the case under consideration, you will receive an entry on your criminal record. Once the case is settled, the OM's decision will be noted in that entry on your criminal record. A dismissal or settlement (out-of-court settlement) with the OM, or an acquittal by the court, will also be noted on your criminal record. So, even if you were never prosecuted or were acquitted, your criminal record will show that you were a suspect in that crime. There are only two exceptions: if the case is dismissed because you were wrongly identified as a suspect (dismissal code 01) and if the OM decides not to prosecute after determining that an investigating officer used lawful force (dismissal code 09).\n\n This piece may be relevant to you, but it concerns a crime, not an offense!\n\r \n(but the judge doesn't give you a sentence to serve, under the conditions the judge sets?): What I mean by this sentence is that a suspended sentence, for example, a suspended prison sentence, means the judge gives you a sentence because they find it proven that ...... has been committed. However, under conditions they set (that you may not do it again, pay compensation, etc.), you don't have to serve the sentence they imposed in prison.\n\n A conditional dismissal always has conditions you must meet. If you don't, it becomes an unconditional dismissal, meaning the Public Prosecution Service will definitely not prosecute your case.\n\n That could be difficult, but as I mentioned earlier, you've certainly worked on yourself in a positive way. I hope for you that your other colleagues, like that other lady, see that too. Anything is possible.\n\n If you have any further questions and I know the answer, please feel free to ask.\n I hope I have helped you a little further.\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThank you. My lawyer is currently on vacation, but will my lawyer also receive the probation service's advisory report?\n\n The probation service will call me on Thursday and discuss the advice by phone.\n The probation officer did not say a word about what conditions she would recommend for a conditional dismissal.\n\n Is it also possible that no further conditions are imposed, other than a probationary period during which you are not allowed to commit any criminal offenses?\n\n You might think there's not much to impose, right? I'm already looking for daytime activities; we're already working on that, and there's plenty of help and guidance. I've done everything I can to make things right and improve my life.\n\n It is also a minor crime, sending angry emails.\n The officer even had doubts about whether or not she should call me in for a public prosecutor's hearing.\n My lawyer says that doubt is definitely positive.\n My lawyer says it's a minor offense and you're making it bigger than it is.\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nBy the way, immediately after sending the angry emails, I also sent two apology emails and I offered mediation up to three times, but the other party refused.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear,\n I wasn't aware of the offense, so I can't comment. Your lawyer is your primary source of information; I can only help with legal questions, not with your specific case, as I'm not involved. If your lawyer says it's a minor offense, then so be it. I won't exaggerate that, of course. But again, I didn't know what you had done, so my answer may seem a bit more general or severe. My apologies.\n\n\n A trial period is an option indeed.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n My lawyer meant that I was making it out to be bigger than it actually is. I might have typed it a little unclearly. He didn't mean you, but me.\n\n I'll hear on Thursday whether my lawyer will receive the probation service's advisory report.\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nYour lawyer is your representative in this case. I therefore expect him to receive the report as well!\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n The advisory report arrived yesterday, and the entire team agrees that a conditional dismissal is the best option, with no conditions. Except for a probationary period during which I'm no longer allowed to send angry emails.\n\n Does this mean the probation service advises that I shouldn't pay any compensation? Isn't paying compensation a condition?\n\n The probation service finds it incredibly impressive that, despite my intellectual disability and everything I've been through, I'm taking responsibility and seeking help. Now it's up to the prosecutor whether she agrees.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Too bad no one responds yet.\n\n If the other party asks for compensation, does this mean they will get it?\n These are angry emails, so they do not cause physical suffering.\n\n Should they also be able to prove that damage has been suffered and if so, how and what?\n\r \nIf I don't reach an agreement with the prosecutor during the public prosecutor's hearing and the case goes to court, do I have to go back to the probation service for a report?\n\n I couldn't have gotten better advice, I'm very happy with it.\n The probation service has my best interests at heart.\n\n The prosecutor chooses that side over the opposing party? My lawyer gave me a really good tip: you should treat these people as your friends. That helped me enormously, and the conversation flowed naturally.\n\n Can anyone help me with the answers?\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":56301390725469,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-69608-de-reclassering-wil-een-voorwaardelijk-sepot-opleggenmaar-moet-dit-nog-overleggen-met-collegas","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}