LIFE IMPRISONMENT FOR COMPLICITY IN AGGRAVATED MANSLAUGHTER
By: JJosephaNews
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Twitter: @JJosephaNews
Willemstad, Curacao. On November 15, 2011, Article 1:30 of the Criminal Code came into effect. This article means that a person sentenced to life imprisonment can be released on parole after twenty years of deprivation of liberty, if the Court is of the opinion that further enforcement no longer serves a reasonable purpose. In order to be able to make a decision on this, the Court takes into account the position of the next of kin of the possible victim and the risk that the convicted person will still reoffend.
CURACAO PUBLIC PROSECUTION STATEMENT:
“In the year 2000, the convicted person was sentenced by the Court to life imprisonment for complicity in aggravated manslaughter, complicity in possession of firearms (committed several times), attempted manslaughter (committed several times) and various thefts.
The Court then considered that the convicted person, in view of the proven facts, should be regarded as an extremely dangerous and incorrigible recidivist who is a real threat to Curacao society. The Court considered it necessary from the point of view of the protection of society that the convicted person be excluded from participating in that society.
The procedure that has been started to assess whether the convicted person can be released on parole has lasted more than three years. Various experts, including a psychiatrist and a psychologist, have reported on the convict. These experts consider the chance that the convicted person will commit criminal offenses again in the future low and conclude that the convicted person should now be able to function in society with the right guidance.
In addition, the probation service, the prison and the psychologist have reported that the convict has spent the past few months working outside the prison walls as part of his rehabilitation and that this has produced almost exclusively positive results. During the past period, the convict showed that he functions well in a structured environment.
The Court now considers that the chance that the convicted person, after release, will commit criminal offenses again has diminished to such an extent that the protection of society against that chance should no longer be paramount. The Court also takes into account that although the relatives of the fatal victim are still suffering from the loss of their loved one, they have indicated that they no longer oppose a possible conditional release of the convicted person.
The Court therefore rules that the prison sentence no longer serves a reasonable purpose and that the convicted person must be released from 6 April 2022, subject to conditions. One of the conditions is that the convicted person may not commit any criminal offenses for the rest of his life, otherwise the life sentence can be revived. The convicted person will also be under electronic supervision for six months and will be supervised by the probation service for three years.”
TRANSLATION: [Felicity: 05% - Fidelity: 95% ]
OVERALL TRANSLATION: FELICITY:05% / FIDELITY:95%
PAPIAMENTU/DUTCH : ENGLISH
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