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Hundreds of Serious Crime Convicts Given Shorter Sentences Due to Trial Delays

Hundreds of Serious Crime Convicts Given Shorter Sentences Due to Trial Delays

Hundreds of people convicted of serious crimes, including murder, rape, child sexual abuse, manslaughter, sexual assault and sexual exploitation, have received reduced prison sentences because their criminal trials took too long.

An investigation by RTL Nieuws found that judges have lowered sentences in hundreds of cases to compensate defendants for delays in the legal process. The reductions ranged from a few months to as much as three years.

The findings have caused anger among victims and surviving relatives, who say offenders are being compensated for delays while victims are left waiting without similar recognition.

RTL Nieuws Analyzed 156,000 Court Rulings

RTL Nieuws reviewed 156,000 court rulings involving serious crimes such as murder, manslaughter, rape, sexual assault and sexual exploitation.

The investigation found 669 cases since 2008 in which sentences were reduced because trials or appeals took too long.

The number of such reductions has increased sharply in recent years. By the middle of this year, courts had already granted more sentence reductions than during the whole of 2022.

Why Sentences Are Reduced When Trials Take Too Long

Under criminal law, defendants have the right to receive a court ruling within a reasonable period of time. In many cases, this period is usually around two years.

When the justice system takes too long, judges may compensate the defendant by reducing the final sentence.

In practice, this means that even people convicted of extremely serious crimes can receive lower prison terms if their cases experience major delays.

Examples of Reduced Sentences

RTL Nieuws found several disturbing examples of sentence reductions connected to delayed trials.

These included:

Case TypeSentence Reduction
Father convicted of raping his daughter2-month reduction
Teacher convicted of raping a child during a school camp2-month reduction
Attempted murderer3-year reduction

For victims, these reductions can feel deeply unfair, especially when they also had to endure years of waiting for justice.

Father Outraged After Daughter’s Killer Gets Shorter Sentence

One case involved Wesley van Gerwen, whose 14-month-old daughter Xaja was murdered by his ex-partner’s new boyfriend, Maick S.

Van Gerwen told RTL that he was shocked when the perpetrator’s sentence was reduced on appeal.

According to the report, Maick S. severely abused Xaja. When she died, she had broken bones and amphetamine in her blood.

The court initially sentenced him to 22 years in prison. On appeal, that sentence was reduced by eight years. Because the appeal process took too long, the court deducted another two years, leaving a final prison sentence of 12 years.

Part of the delay was linked to the coronavirus pandemic.

Van Gerwen called the situation unfair, saying the offender was compensated for the delay while victims and surviving relatives received no such compensation.

He said they also had to wait during the pandemic and were also affected by the same delay.

Sexual Abuse Victim Says Reduction Felt Painful

Another case involved Anne, a 27-year-old woman from Groningen, who was sexually abused for three years as a teenager by her kickboxing coach, Hans T.

It took four years for the coach to be convicted.

Because of the long process, the court reduced his sentence by 10 months, meaning he spent only about one year in prison.

Anne said she initially felt relief when a verdict finally came. But that relief quickly turned into frustration because she had waited through the same long process as the offender.

She said it felt as if he was treated like the victim of the justice system, even though he was the perpetrator in a sexual assault case.

Court of Audit Criticizes Slow Justice System

The Court of Audit has strongly criticized the delays in the criminal justice system.

Since 2012, it has written 39 reports about problems in the criminal justice chain.

Erwout Irrang of the Court of Audit told RTL that several ministers have promised improvements and set goals, but those goals have not been achieved.

He said that since 2019, turnaround-time targets have not been met in a single year.

Why Criminal Cases Are Taking So Long

According to the Court of Audit, several factors contribute to delays in criminal trials.

Modern investigations can take longer because there are more investigative tools and methods available. Psychological assessments can also require significant time.

However, the Court of Audit says the biggest problem is poor coordination between the police, the Public Prosecution Service, known as the OM, and the courts.

Irrang explained that if police and prosecutors handle more sexual offense cases but courts do not adjust capacity accordingly, the system can become blocked.

Justice Minister Says the System Is Clogged

Justice and Security Minister David van Weel acknowledged that long-running criminal cases cause additional harm to victims.

He did not directly comment on RTL Nieuws’s specific findings, but said generally that the justice chain is clogged and that major changes are needed.

Van Weel said he is working on a plan and hopes to present it next year.

When asked why improvements have taken so long, he said there is no lack of willingness. He added that if the problem were easy to fix, it would have been solved years ago.

Victims Say Delays Add to Their Trauma

For victims and surviving relatives, delayed justice can deepen the pain caused by the original crime.

Many must wait years for a verdict, relive traumatic events during proceedings, and then watch the offender receive a shorter sentence because the system moved too slowly.

Critics argue that while defendants receive sentence reductions for delays, victims often receive little recognition for the emotional toll of waiting.

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