A prison sentence imposed in a country outside the European Union

A Dutch citizen who is serving a prison sentence in a country outside the European Union may qualify for a transfer to the Netherlands in order to serve his sentence in the Netherlands. For this purpose, the Netherlands has signed international conventions on the transfer of sentenced persons with 60 countries. 

In the Netherlands, the procedure has been laid down in the Enforcement of Criminal Judgments (Transfer) Act (WOTS). The WOTS prescribes that a sentenced person who wishes to serve his sentence in the Netherlands will have to submit a request to this end to the local authorities from the prison where he is being held. 

Conditions to serve a sentence in the Netherlands on the basis of the WOTS

  1. The sentenced person is a Dutch citizen (or a foreign national with a Dutch residence permit).
  2. The sentenced person is domiciled or habitually resident in the Netherlands.
  3. The Netherlands has entered into a convention with the relevant country.
  4. It is no longer possible to appeal against the sentence (the judgment is final).
  5. The remaining sentence is at least 6 months at the moment that the Netherlands will take over the sentence.
  6. The sentenced person submits a request to the sentencing country, and this country will submit a request to the Netherlands.
  7. Both the Netherlands and the other country agree to the transfer and the manner in which the sentence in the Netherlands will be continued.