Review constitutes an extraordinary legal remedy to have a final conviction reassessed. This is applied when new information or circumstances indicate a possible judicial error.
What does review entail?
Review (articles 457-481 CCP) is the only instrument to challenge an irrevocable criminal judgment. The purpose is to correct cases that later prove the conviction was likely unjustified.
Reasons for review
Review can only be requested under the following conditions:
- Novum - A new fact or circumstance that was unknown to the court during the original proceedings
- The novum must strongly suggest that the judgment might have been different
Examples of nova
- Advanced DNA analysis proving innocence
- A witness who later admits to having lied
- Discovery of the actual perpetrator
- Recent scientific breakthroughs
Review process
- Submission of a request to the Supreme Court
- Investigation by the Procurator General into the application
- Possible additional investigation by the Advisory Committee on Closed Criminal Cases (ACAS)
- Decision by the Supreme Court on the merits of the request
- If approved: referral to another court of appeal
Who may submit a review request?
- The convicted person (via an attorney)
- The Procurator General at the Supreme Court
- Certain next of kin after the death of the convicted person
Famous cases in the Netherlands
Some high-profile review cases include the Schiedam Park Murder and the Putten Murder Case, in which wrongly convicted individuals were acquitted after a long time.
Frequently asked questions about review
When can I submit a review request?
A review request is possible with new facts or circumstances (novum) that were unknown during the original proceedings. These nova must demonstrate that the conviction was likely erroneous. Examples include new DNA evidence or a later confession by the actual perpetrator. The request is submitted via an attorney to the Supreme Court.
How long does the review process take?
The process can vary from several months to years, depending on the case and required investigation. The Procurator General first assesses the request, followed by possible investigation by ACAS. The Supreme Court then decides. If approved, the case is retried by another court of appeal.
Is review possible after death?
Yes, after the death of the convicted person, next of kin such as the partner, children, or parents may submit a request. This is done via an attorney and can serve, for example, to clear the name or obtain compensation.
What does a review request cost?
The costs for a review request can be high, especially due to attorney fees. If you are financially limited, you can claim subsidized legal aid. Additional costs, such as for DNA testing, may also arise. Always consult your attorney about the financial aspects.
What if my request is approved?
If approved by the Supreme Court, your case is reviewed again by another court of appeal. With the new information, acquittal, a reduced sentence, or sometimes compensation may follow.
Contact and support in Rijswijk
For legal assistance with review cases in Rijswijk, you can go to the Juridisch Loket Rijswijk. Cases fall under the District Court of The Hague, the district to which Rijswijk belongs.
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