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WOTS
WETS
Deportation sentence in the Netherlands
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within the eu law on the transfer of enforcement of criminal sentences info sheet for dutch prisoners abroad
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The WOTS (Transfer of Enforcement of Criminal Judgments Act) and WETS (Mutual Recognition and Enforcement of Custodial Sanctions Act) are crucial for international criminal transfer. Lawyers in criminal law play an essential role in this process. They advise clients on the possibilities and requirements, submit requests, and defend their rights. The process begins with a carefully submitted request, reviewed by judicial and diplomatic authorities. Lawyers ensure due process, offer assistance, and can file appeals if necessary. In sum, these laws form the basis for international criminal transfers, and lawyers in criminal law play an indispensable role in protecting their clients' interests in this complex legal process.
Law on Transfer of Enforcement of Criminal Sentences (WOTS) and WETS: Law on Mutual Recognition and Enforcement of Deprivation of Liberty and Conditional Sanctions, are two laws that deal with the transfer of sentences between countries. These laws provide options for specific situations involving criminal convictions abroad. Here we look at what these laws entail and how they apply in the Netherlands.
What is WETS and WOTS?
WETS and WOTS are two laws in the Netherlands that deal with the transfer of sentences between countries. These laws regulate the possibility for Dutch citizens to serve their sentences in the Netherlands if they have been convicted abroad. Below we have explained what both laws stand for.
Mutual Recognition and Enforcement of Deprivation of Liberty and Conditional Sanctions Act (WETS):
- Applicable to convictions in non-EU countries.
- It allows Dutch citizens to serve their sentences in the Netherlands under certain conditions.
- It aims to protect the rights of the convicted person and ensure humane execution of the sentence.
- The criminal transfer process under WETS requires legal procedures and diplomatic agreements between countries.
Transfer of Enforcement of Criminal Judgments Act (WOTS):
- Applicable to convictions in EU countries.
- It offers Dutch citizens the opportunity to apply to serve their sentence in the Netherlands.
This may have benefits such as proximity to family and friends, access to Dutch prison programs and preparation for reintegration into Dutch society. - The sentence transfer process under WOTS also requires legal procedures and agreements between countries, but is focused on EU countries.
- Both laws provide an important option for Dutch citizens who have been convicted abroad and wish to serve their sentence closer to home. It is advisable to seek legal advice and understand the specific conditions and procedures if one is in this situation.
What are the benefits in a WETS or WOTS procedure?
The WETS and WOTS procedure offer benefits to both the sentencing country and the Netherlands.
- Responsibility: for the country that imposed the sentence, it means that they are no longer responsible for the convict. This reduces the burden on their prison system and allows them to focus on other aspects of their justice system.
- Enhanced reintegration: for the Netherlands, this procedure has the advantage that the convicted person can remain in contact with Dutch society during his sentence, which helps in the reintegration of the convicted person after he has served his sentence. It reduces the risk of re-offending and is thus a process that can benefit both the convicted person and society as a whole.
What are the requirements for a WOTS?
The WOTS applies when the following conditions are met:
- Countries outside Europe that have signed the Convention on Transfer of Sentenced Persons with the Netherlands.
- Countries within Europe with which the Netherlands has signed separate WOTS treaties.
- European Union countries that have not yet implemented the new European rules on sentence transfer nationally. To qualify for sentence transfer under the WOTS, certain conditions must be met:
- There must be a bilateral treaty on sentence transfer between the Netherlands and the receiving country.
- You must have demonstrable ties to the receiving country, such as nationality, residence, work, study or family ties in the Netherlands.
Once the sentence is transferred and executed in the Netherlands, it is considered a sentence imposed in the Netherlands, making Dutch laws and regulations applicable during the sentence period.
What does a procedure for a WOTS look like?
We have listed the most important steps below. It is advisable to hire an experienced criminal lawyer when you are in a situation where criminal transfer is being considered.
Finding the right attorney with experience in criminal law is of utmost importance to protect your interests and help you through the process of filing the petition to final sentencing.
- Submitting a request: the convicted person must personally submit a request to serve his sentence in another country or to have his sentence transferred to the Netherlands. Making this request correctly is an important step in the process.
- Terms and requirements: the WOTS process has specific rules that must be met. These may differ depending on the country involved and the type of offense. It is essential to follow these rules to be eligible for sentence transfer.
- Assessment and Decision: after the request is made, the relevant authorities, such as the prosecutor's office, review it carefully. They look at things such as the nature of the crime, the length of the sentence, and whether the country to carry out the sentence agrees. This review helps ensure that the transfer complies with the law and international agreements.
- Implementation of punishment: if the request is approved, the sentence is transferred to the receiving country, where the offender will serve his sentence according to that country's laws and procedures. The receiving country is responsible for further sentence transfer, including detention, counseling and supervision. The convict must abide by the rules and regulations of the receiving country during the sentence period.
WOTS / WETS lawyer
The process begins with an application in the country where the sentence was imposed and continues once that application is processed and approved in the Netherlands. At that point, a lawyer can be of service.
At law firm Derbedrosian, we have extensive experience with the criminal law and can therefore assist you with WOTS and WETS proceedings. So feel free to contact us, and you will be connected to one of our specialized lawyers.