strafmaat

Strafmaat is the legally defined range of punishment for a criminal offense in Dutch law. It is set in the penal code for each offense and determines the maximum penalty that a court may impose. The concept covers the different forms of punishment that can be used for a conviction, such as imprisonment (gevangenisstraf), a monetary fine (geldboete), or a community service/taakstraf, and in some cases measures like treatment or guardianship (TBS) within the sentence. The term does not by itself specify the exact penalty; rather, the court fixes the actual sentence within the statutory range after considering the circumstances of the case.

In practice, the statutory maximum creates a scale; some offenses carry only fines, others allow prison terms of varying lengths, and some carry lifelong or long-term imprisonment for the most serious crimes. The judge weighs aggravating factors (such as violence, premeditation, repeat offenses, vulnerability of victims) and mitigating factors (such as remorse, cooperation, youth, absence of criminal history) to determine the final strafmaat within the allowed range.

The stated strafmaat can be subject to appeal or review, and sentencing guidelines may influence how a case is resolved. The concept supports proportionality, ensuring that punishment roughly matches the seriousness of the offense and the offender’s culpability.