Article 38v Dutch Criminal Code

Artikel 38v Wetboek van Strafrecht (Sr) – unofficial English translation

Book One · Division Four. Measures influencing behaviour and restricting liberty

Paragraph 1

To protect society or to prevent criminal offences, a measure restricting liberty may be imposed by the court decision:

  1. by which a person is convicted of a criminal offence;

  2. by which, in accordance with Article 9a, it is determined that no penalty will be imposed.

Paragraph 2

The measure may consist of the suspect being ordered:

  1. not to be present in a specified area,

  2. to refrain from contact with a specified person or specified persons,

  3. to be present at a specified location at specified times or during a specified period,

  4. to report at specified times to the investigating officer designated for that purpose.

Paragraph 3

The measure may be imposed for a period not exceeding five years.

Paragraph 4

The court may, in its decision, of its own motion or on the application of the public prosecutor, order that the measure is immediately enforceable if serious account must be taken of the possibility that the suspect will again commit a criminal offence or will engage in harassing conduct towards a specified person or specified persons.

Paragraph 5

The measure may be imposed together with penalties and other measures.

Unofficial translation. This English text is an unofficial translation provided for information only. Only the Dutch text is legally authentic: Artikel 38v Wetboek van Strafrecht. Checked against the Dutch text in force on 12 October 2026.

Dutch case law

2,310 Dutch court rulings cite this article. View the rulings (in Dutch)