WETS & WOTS
Detainees outside the EU return to the Netherlands with the WOTS
If you are detained abroad, it’s possible under certain circumstances to serve your sentence in the Netherlands. The advantage of this is you can serve your sentence in relatively good circumstances in the surroundings of your family and friends. Another advantage is the reintegration which can take place in the Netherlands.
The law that regulates the transfer of sentences is called the WOTS: Law on the transfer of enforcement of criminal sentences. The WOTS applies to more than sixty countries in the world that have signed the Transfer of Persons Act (VOGP) or with which the Netherlands has a treaty. From 1 November 2012, the WOTS only applies to countries outside the European Union (EU) and to EU countries that have not (yet) implemented the WETS.
Take over conditions from a country in the EU
Conditions to enable a sentenced person to serve an alternative or conditional sentence in the Netherlands on the basis of the WETS
A sentenced person may serve his alternative or conditional sentence in the Netherlands if the following conditions are met:
- The sentenced person is a Dutch citizen (or a foreign national with a Dutch residence permit)
- The sentenced person is domiciled or habitually resident in the Netherlands.
- The sentenced person has returned to the Netherlands or wishes to return to the Netherlands.
- The European Member State where the sentence has been imposed has transposed the agreements of the European Convention into national legislation.
- It is no longer possible to appeal against the sentence (the judgment is final).
- The community order is longer than 80 hours, or the obligation or the operational period imposed is longer than six months.
Read more about the WETS: