Higher prison sentences possible for drug criminals
The legal maximum sentence for the more serious forms of hard drug crime goes up. Our country must become as unattractive as possible to drug criminals. It will therefore be possible to impose higher prison sentences for large-scale possession, production, import and export of hard drugs. This is contained in a bill by Minister of Justice and Security Van Weel that the Cabinet has agreed to.
Tackling subversive crime has several components: preventing individuals from ending up in crime, breaking criminal revenue models and protecting society from the harmful effects of subversive crime. Effective punishment of criminals follows as the final step.
Besides measures taken to punish criminals more effectively, such as increasing the chances of being caught and criminalising new opportunity structures, the government proposes to increase the maximum sentences contained in the Opium Act for serious hard drug offences. This concerns the intentional possession of a large-scale quantity of hard drugs, as well as trafficking, producing, importing and exporting hard drugs. The possession of hard drugs is now punishable by a maximum prison sentence of 6 years. For large-scale quantities, the bill changes this to a maximum prison sentence of 8 years. For intentional trafficking and production of hard drugs, the maximum prison sentence increases from 8 to 12 years, for importing and exporting hard drugs from 12 to 16 years and for committing acts of preparation in hard drug offences from 6 to 8 years.
Minister Van Weel: ‘Drug trafficking is the revenue model of organised crime. From the production of synthetic drugs in the Netherlands to the transit of cocaine to the rest of Europe. Drug criminals know no boundaries and pose a direct danger to our society, our rule of law and our security. We want to break this revenue model and be able to punish more severely where necessary. By increasing the legal maximum sentences for serious hard drug offences and bringing them more in line with surrounding countries, we can hit internationally operating criminals harder.’
In practice, we increasingly see that in cases against the more serious category of drug criminals, the public prosecution service's sentencing requirements are at the upper end of the legal maximum of prison sentences. Judges also impose very high sentences in cases, sometimes up to the legal maximum. This bill will make it possible for the public prosecution service to demand higher sentences in serious hard drug offences and give judges more scope to impose appropriate and more effective sentences. The government's proposal creates space to take firmer and more adequate action against serious hard drug crime.
The cabinet has agreed to send the bill to the Council of State for advice. The text of the bill and the opinion of the Council of State will become public upon submission to the House of Representatives.