Public Prosecution Service demands higher prison sentences in thematic hearing on drug couriers at Schiphol

The Public Prosecution Service (OM) is demanding prison sentences of up to four years in appeal proceedings against a total of six men and women suspected of smuggling drugs. These are separate cases that were heard this afternoon by the court of appeal in Amsterdam during a so-called thematic hearing.

What is notable about today’s hearing is that unrelated cases were jointly heard by the court and the OM. The suspects were arrested at Schiphol on suspicion of drug smuggling. The North Holland District Court previously imposed lower prison sentences than is customary.

The North Holland District Court previously sentenced the suspects to prison terms of up to 26 months. Since December 1, 2025, the court has been applying a different criterion than is standard nationwide. The court argues that, in general, drug couriers caught with a limited quantity of drugs receive relatively harsher sentences than those importing large quantities. There are so-called national sentencing guidelines that judges use, where the severity of the sentence depends on the type and quantity of drugs involved, as well as the role of the suspect in the drug smuggling operation. The North Holland District Court decided to deviate from these national sentencing guidelines and apply its own criteria, resulting in lower sentences in these cases.

• up to 1.5 kg of hard drugs → up to 8 months’ imprisonment and/or community service, whereas the national guidelines prescribe a prison sentence of up to 12 months;
• 1.5 to 5 kg of hard drugs → 6 to 24 months’ imprisonment, whereas the national guidelines prescribe a prison sentence of between 12 and 38 months;
• 5 to 20 kg of hard drugs → 20 to 36 months’ imprisonment, whereas the national guidelines prescribe a prison sentence of between 38 and 60 months.

Appeal proceedings

The Public Prosecution Service disagrees with the application of these local sentencing guidelines and has appealed the sentences due to their leniency. In today’s appeal hearing, the OM demanded higher prison sentences. In doing so, the OM applied the standard national sentencing guidelines, taking into account the personal circumstances of each suspect.

The OM considers it undesirable for the national sentencing guidelines to be disregarded. After all, these guidelines are intended to promote consistency in sentencing for drug importation. A drug courier should be punished in the same way at every court and court of appeal. “Drug couriers also enter the Netherlands via other routes, for example by flying to Paris and taking a bus from there. A drug courier caught in Amsterdam is then sentenced by the Amsterdam court in accordance with the national guidelines and thus receives a harsher punishment than a drug courier caught at Schiphol. From the perspective of equality before the law, this cannot be justified,” said the Advocate-General (prosecutor representing the OM in appeal proceedings) during the hearing.

The OM believes that the previously imposed lower sentences do not align with the legislator’s intention, namely that drug importation should be strictly punished. According to the OM, these lighter sentences also fail to comply with the international agreements the Netherlands has made to combat such crime. When applying the national sentencing guidelines, there is also room to consider personal circumstances and, for example, the limited role of the suspect within an organization.

Later today, six more similar cases will be heard by the court of appeal in Amsterdam. The court will deliver its rulings in all twelve cases on April 21, 2026.