Prosecution and Punishment of Dutchmen and Foreigners

• NCJ Number: 70442
• Author(s): C van derWerff; A A van derZee-Nefkens
• Date Published: 1979
• Length: 142 pages
• Corporate Author: Netherlands Ministry of Justice
• Sale Source: Netherlands Ministerie Van Justice
• Country: Netherlands
• Note: Onderzoek en beleid series, no 2.

Annotation

The question of whether foreign offenders are sentenced according to criteria that differ from those for native Dutch offenders is explored.

Abstract

Statistics from earlier studies suggest that foreigners in the Netherlands are more likely to receive prison sentences than natives. To test this fact, offender samples of 438 Dutch citizens and 408 foreigners tried under the criminal code in the fourth quarter of 1974 are compared. Results indicate that foreigners are more likely than natives to be allowed to pay fines rather than be prosecuted, even for more serious crimes. In contrast, foreigners who are actually prosecuted for offenses are more likely than natives to receive unconditional sentences. The difference can be explained for long sentences by the seriousness of the foreigners' offenses, but this is not the case for sentences under 4 months. Sentences of foreigners also tend to be longer than those of natives. The relatively high percentage of short-term sentences for foreigners appears to be the result of the greater danger of flight for foreigners than for natives and of a consequent high rate of preventive detention. Even without preventive detention prior to trial, foreigners are more likely to be sentenced to unconditional imprisonment than natives. Post-verdict fines and conditional sentences are less common for foreigners than natives because such penalties are difficult to execute. The stringent sentencing policies for foreigners appear to be linked to the frequent application of preventive detention to foreigners. To reverse this trend, judges should attempt to use the option of conditionally suspending preventive detention. Of course, even this policy is complicated by the fact that foreigners can easily leave the country and by the alien office's practice of deporting individuals suspected of having committed an offense. Efforts are underway to coordinate the work of the alien office and the criminal justice authorities, and to investigate the possibility of criminal action in the country of origin of foreign offenders who return home. Notes and appendixes with extensive statistical tables are supplied.