Parliament divided over maximum 25 years prison sentence for manslaughter

An increase in the maximum prison sentence from 15 to 25 years for manslaughter is not yet agreed upon by the entire coalition. Some parties have proposed lower maximums, while others are in favor of the change.

D66 and Christen Unie endorse an amendment proposal from GroenLinks to fix this maximum at 20 years. They consider a further increase to be unsubstantiated and unnecessary. The other coalition parties, VVD and CDA, and many other parties are in favor of the Cabinet's bill, as was highlighted during a debate in the Tweede Kamer.

Manslaughter is when a perpetrator intentionally and impulsively kills a victim. To be convicted of murder, it must be proven that the perpetrator actually thought about their actions beforehand. In 2006, the maximum sentence for murder was increased from 20 to 30 years, or life in prison.

The entire Tweede Kamer agrees with Justice Minister Dilan Yeşilgöz that the current "penalty gap" of 15 years between the two crimes is too large, while in practice the line between them is sometimes blurred and both crimes cause enormous suffering to victims’ relatives. Yeşilgöz thinks a 10-year penalty gap is still too large and is sticking to a maximum of 25 years in prison for manslaughter.

An increased sentence for manslaughter has been discussed for years but gained momentum following the trial against the murderer of a schoolgirl, Hümeyra. The Rotterdam girl was shot dead at close range with seven bullets at her school at the end of 2018 by her ex-boyfriend, after he had stalked her for months and threatened her with death.

The court sentenced him to 14 years in prison and TBS for manslaughter. TBS is primarily a security measure courts can impose to protect society if a person has committed a crime while being mentally incapacitated in some way.

Family and friends were furious as they watched the trial in court because they thought the sentence was too light and were convinced the perpetrator had committed murder. On appeal, the Netherlands Court of Appeal (NCAA) assumed murder, and the suspect was sentenced to 20 years in prison and TBS.

Political parties DENK, SP and BBB raised the case of Hümeyra during the debate. After this criminal case, both the court in Rotterdam and the Public Prosecution Service (OM) argued for a higher sentence for manslaughter. However, many professional judges and lawyers believe that a maximum of 20 years is enough.

Parties in favor of a smaller increase also think 20 years is useful and sufficient. Volt thinks along these lines and points out that the current maximum sentence of 15 years is not oppressive, because judges almost never impose this sentence for manslaughter.

It is better to look at the provability of murder, which has become stricter, according to MP Marieke Koekkoek. She also thinks there will be more pressure on judges if they can impose higher sentences for manslaughter. Smarter punishments are better than harsher punishments, she said.

Labor parties SP and PvdA are still deciding what to do. The Tweede Kamer will vote on May 10.