Iudex non calculat? De bepaling van het strafrestant na herroeping van de voorwaardelijke invrijheidstelling

When offenders are conditionally released from prison, a part of the prison sentence is not executed in prison. However, in case of revocation of the conditional release – and the re-incarceration of the released person –, the sentence implementation court must decide which part of the ‘sentence remnant’ is put into force again. The legislator and the Court of Cassation did, however, not specify how this calculation has to be done. As a consequence, the sentence implementation court has de facto the full appreciation in determining the sentence remnant. File analyses conducted in all Belgian sentence implementation courts demonstrated that different decision-making practices exist between the courts. These differences relate to the determination of the period during which the released person complied with the conditions, but also to how this period is taken into account for the recalculation of the sentence remnant. These different decision-making practices lead to significant disparities in outcome for those who have been recalled to prison, which leads to unequal treatment of recalled conditionally released persons. Therefore, a case is made for a more consistent practice of determining the sentence remnant between courts.

Jaar van publicatie:2017

Trefwoorden:sentence execution, conditional release, revocation

Toegankelijkheid:Open