New arrangement
We already explained the new regulation in a previous blog.
Until today, this arrangement applied to sentences up to a maximum of two years.
The changes
Information obligation of the director
The director of the prison must explicitly inform the convicted person of the possibility of applying for a sentence modality at the start of his sentence execution or within a period of less than four months.
Punishment modality from freedom
Convicts with sentences up to and including 18 months are immediately subject to the time conditions for “limited detention” and “electronic monitoring.”
This includes convicts whose sentences, after calculating the pre-trial detention already served and the date of conditional release, show that they are immediately eligible for electronic monitoring or limited detention.
The purpose of the present bill, then, is to put into practice the legislature’s intention in 2019 to provide for the application of a sentencing modality from liberty.
The creation of a multi-step plan was necessary for this purpose:
- Enforcement of the custodial sentence by the prosecution: the prison bill is given to the convicted person through the police department
- Prison enrollment : within five days
- Immediate deposit of a written request electronic monitoring/restricted detention: with suspension of the execution of the custodial sentence and suspension of the statute of limitations of the sentence
- Self-offering: those convicted who spontaneously acted on the prison bill
- Opinions: optional by the director of the prison and/or the public prosecutor (with imposed deadline provided for in article 33§1 Law 2006) or request to the competent services of the Communities to carry out a summary information report or social survey
- Responsabilization of the convicted person/compilation of file: information on his personal situation, to be deposited at the registry of the criminal execution court within 15 days (possible counter-directions provided for in article 28 law of 2006)
- Exclusion of sex crimes and terrorist crimes: necessary specialized advice
- Order for detention by the public prosecutor during the period of suspension of sentence enforcement: if a convicted person poses a serious danger to the physical or psychological integrity of third parties during the suspension of sentence enforcement and effective deprivation of liberty
- Decision sentencing judge: within the month
This arrangement already applied to sentences between two and three years.
From September 1, 2023, this rule will also apply to short prison sentences of less than two years!
To the extent that you receive a jail bill as a convicted person, it is critical that you seek the advice of a criminal defense attorney.
Do you have any questions about this item? Contact Peterfreund & Associates your lawyer in Antwerp!
