Content of the bill
The government aims to expand the existing community service prohibition by including all forms of assault on emergency responders and enforcement officers within its scope. The bill also includes two relaxations of the prohibition. When applying the prohibition, a community service sentence may be imposed in combination with a conditional prison sentence or deprivation of liberty measure. Furthermore, the judge may make an exception to the prohibition in special cases for someone who has previously served a community service sentence.
Community service prohibition for violence against emergency responders and enforcement officers
The Advisory Division emphasizes that violence against emergency responders and enforcement officers is unacceptable in all cases and must be strongly addressed. However, when determining the ranges within which punishment can be imposed, the legislator must leave sufficient room for the judge to tailor decisions to individual cases. This bill further restricts the discretion of the judge and the public prosecutor. The existing prohibition applies to more severe cases of assault. Expanding it to the lightest forms may lead to disproportionate punishment in some cases. Punishment may also be less effective because the judge cannot impose the sentence that best fits the sentencing goals, including preventing new offenses. Therefore, the Advisory Division advises against expanding the community service prohibition.
A limited exception for minor recidivism
The judge will have the possibility under the bill to make an exception to the prohibition for minor recidivism if imposing a prison sentence is not appropriate. The Advisory Division questions whether maintaining the prohibition for minor recidivism is necessary and desirable. It advises the government to consider removing this part of the prohibition.
Conclusion
The Advisory Division advises the government not to submit the bill to the House of Representatives unless it is amended.