Understanding Supervisory Sentence

The legal basis for supervisory sentence is regulated in Article 75, where a defendant who commits a criminal act with a threat of imprisonment of a maximum of 5 (five) years may be sentenced to supervisory sentence.

What is Supervisory Sentence?

Although categorized as a principal penalty, supervisory sentence is essentially a method of executing imprisonment outside the institution (non-custodial). This concept is similar to probation inWetboek van Strafrecht, but places more emphasis on guidance. The aim is to help convicts free themselves from guilt without having to experience the negative impacts of the prison environment (stigmatization).

Terms and Conditions (Article 76)

There are a number of strict requirements in its implementation:

  1. Duration: The supervisory period shall be imposed for a maximum period equal to the threat of imprisonment, but shall not exceed 3 (three) years.
  2. Compensation: The convict is obliged to replace part or all of the losses arising from the crime in a shorter time than the supervisory period.
  3. General Conditions: The convict must not commit another crime during the supervisory period.
  4. Special Conditions: The convict is obliged to comply with the judge's decision, such as paying compensation or carrying out/not carrying out certain actions.