What is a sentence reduction?

Verified 01 January 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The reduction in sentence is a reduction in the length of imprisonment imposed by the criminal judge. That was automatically based on the length of detention, but the situation has changed since the 1er January 2023. Now, in order to receive a reduced sentence, you must behave well in prison and make reintegration efforts. It's the sentencing judge who can give you the reduction after you've looked at your situation.

To be eligible for a reduced sentence, you must conduct yourself well while in custody and make social rehabilitation and reintegration efforts.

Examples of good behavior and rehabilitation:

  • Rules and regulations Compliance with prison conditions
  • Preparation of a diploma or participation in vocational training
  • Follow-up therapy to prevent recurrence
  • Compensation efforts for victims

The decision to grant a reduction of sentence is taken by the judge of the application of sentences, after the opinion of the commission of the application of sentences.

To receive a reduced sentence, you must send a written request to the appropriate sentencing judge for your place of detention.

Who shall I contact

Please note

even if you don't apply, the sentencing judge must consider at least once a year whether to grant you a reduced sentence.

The length of the reduced sentence is based on the size of your conviction and the length of your incarceration.

The sentencing judge also takes into account your behavior in prison and the nature of the the offense that you committed.

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Sentence less than 1 year

The sentencing judge can give you a reduction of up to 14 days per month of incarceration.

If your conviction has been accompanied by a social and judicial follow-up and if you do not follow the proposed treatment, the maximum sentence reduction that will be granted is limited to 7 days per month of incarceration.

If you have been convicted of an offense committed on public authority custodianHowever, the maximum penalty reduction is also limited. The duration of the reduction of sentence is 7 days per month of incarceration if it is a crime and 9 days per month of incarceration if offense.

If you have made statements that have stopped or prevented the realization of crimes graves, you can benefit from a exceptional reduction of sentence up to a third of your sentence.

If you have helped the prison management to stop or avoid mutiny or escape, you can benefit from a exceptional reduction of sentence up to a third of your sentence.

Sentence over 1 year

The sentencing judge can give you a maximum reduction of six months per year of incarceration.

If your conviction has been accompanied by a social and judicial follow-up and if you do not follow the proposed treatment, the maximum sentence reduction granted to you is limited to 3 months per year of incarceration.

If you have been convicted of a terrorist act, the maximum sentence reduction that will be granted to you is also limited to 3 months per year of incarceration.

If you have been convicted for a infringement committed on a public authority custodianHowever, the maximum sentence reduction that will be granted to you is also limited. The reduction in sentence is 3 months per year of incarceration if the offender is crime and 4 months per year of incarceration if offense.

If you have made statements that have stopped or prevented the realization of crimes graves, you can benefit from a exceptional reduction of sentence up to a third of your sentence.

In case you are sentenced to criminal imprisonment in perpetuity, you can benefit from an exceptional discount of the test time up to 5 years.

If you helped the prison management to stop or avoid mutiny or escape, you can benefit from a exceptional reduction of sentence up to a third of your sentence.

In case you are sentenced to criminal imprisonment in perpetuity, you can benefit from an exceptional discount of the test time up to 5 years.

The sentence reduction can be withdrawn within the next year if you are misbehaving.

It is the sentencing judge who determines, with the assistance of the sentencing commission, what conduct may be considered misconduct.

It may arise in particular from the following facts:

  • Make news infringements
  • Refusing to submit to DNA sampling
  • Attempt to take biological material from a third party

Withdrawal may include all or part of the reduced sentence.

If you refuse to submit to a biological sample, the withdrawal may only relate to the reduction in sentence that relates to the conviction for which the sample is to be taken.

The decision to withdraw shall be taken by the judge of the application of penalties, after obtaining the opinion of the Committee on the Application of Penalties.

The sentencing judge must make an order specifying the reasons for the withdrawal.

He may act on his own initiative or at the request of the head of the prison or the public prosecutor.

The sentencing judge will hear you or your lawyer before making his or her decision.

You can appeal against a decision of the sentencing judge to refuse or withdraw a reduction of sentence.

The call must be made within 24 hours of notification the decision to refuse or withdraw.

Who shall I contact

FYI  

the public prosecutor may also appeal against the decisions of the sentencing judge on the reduction of the sentence.

Sentence reductions can continue to have an effect even after you are released from detention.

The sentencing judge can decide to impose certain obligations on you after your release, for a period corresponding to the total of the reduced sentences you received.

These obligations are intended to help you reintegrate, to prevent you from committing new offenses or to protect the interests of the victim.