Revision to the Detriment in Rijswijk
Revision to the detriment is a rare criminal procedure in the Netherlands that can convert a previous acquittal, discharge from prosecution, or lighter sentence into a harsher conviction. For residents of Rijswijk, this represents an exception to the ne bis in idem principle, which bars repeated prosecution for the same facts. The procedure is triggered only by new, compelling evidence and is handled by authorities such as the Rechtbank Rijswijk.
Why revision to the detriment for Rijswijk residents?
Criminal cases in Rijswijk aim for finality, but new insights after a judgment can reveal injustice. This revision ensures that the guilty do not go free, for example due to evidence discovered late from a local crime in the Municipality of Rijswijk. The ne bis in idem principle (art. 68 Constitution, art. 310 CCP) yields to public interests in cases of serious offenses in our region.
Legal basis
The rules are set out in the Code of Criminal Procedure (CCP), articles 457-461. Key points:
- Art. 457 CCP: Grounds such as conviction of a co-perpetrator (para. 1a), new facts (para. 1b), or false testimony (para. 1c).
- Art. 458 CCP: Only the Public Prosecutor's Office (PPO) may request it; the defense cannot.
- Art. 459 CCP: Supreme Court assesses admissibility.
- Art. 460 CCP: If approved, new hearing before the original court, such as Rechtbank Rijswijk.
- Art. 461 CCP: New sentence may be harsher than the original, with limits.
This balance protects final judgments while allowing for correction.
Conditions for revision in Rijswijk
Strict requirements apply: new evidence must have been unknown during the original case at Rechtbank Rijswijk, be decisive for a harsher sentence, and fit art. 457 CCP, such as:
- Unknown during the trial.
- Compelling for reclassification.
- Specific cases:
- Co-perpetrator convicted.
- Withheld confession discovered.
- Falsehood in evidence uncovered.
No time limit, but procedures are rare: only a few per year nationwide.
Procedure in steps for Rijswijk
- PPO request: Filed with the Supreme Court.
- Supreme Court review: Made public within 14 days and decided (art. 459 CCP).
- Rehearing: Remitted to Rechtbank Rijswijk for a new session.
- Judgment: Court may revise and impose a harsher sentence.
Suspects in Rijswijk have the right to be heard and present counter-evidence.
Examples from Rijswijk context
Example: A Rijswijk resident is acquitted of burglary in a local shop due to lack of evidence. Later, his DNA matches traces at the scene. PPO requests revision (art. 457 para. 1b CCP); Supreme Court approves, and Rechtbank Rijswijk sentences to 2 years' imprisonment.
Murder case: Acquittal at Rechtbank Rijswijk. Later conviction of a family member as accomplice triggers art. 457 para. 1a CCP, resulting in 8 years' imprisonment after revision.
Rights and obligations
Rights of the suspect
- Full defense, lawyer paid by the State.
- Access to the case file.
- Right to appeal.
- Free advice at Het Juridisch Loket Rijswijk.
Obligations
- Cooperation required.
- PPO must disclose all information.
Comparison: to the detriment vs. to the benefit
| Aspect | Revision to the detriment | Revision to the benefit |
|---|---|---|
| Initiative | Only PPO | Suspect or PPO |
| Grounds | Art. 457 CCP | Art. 444-456 CCP |
| Authority | Supreme Court, then Rechtbank Rijswijk | Supreme Court |
| Outcome | Harsher sentence possible | Acquittal/reduction |
| Frequency | Very rare | More common |
Frequently asked questions for Rijswijk
Can it happen multiple times?
No, after revision, ne bis in idem applies strictly (art. 461 CCP).
After already having served TBS?
Possible adjustment; Supreme Court assesses proportionality.
How long does it take?
Usually 6-18 months.
Lawyer costs?
No, via Legal Aid Board; start at Het Juridisch Loket Rijswijk.
Contact Het Juridisch Loket Rijswijk for personalized advice on your case at Rechtbank Rijswijk.