If you disagree with a judgment of the District Court of The Hague, you can lodge an appeal with the court of appeal. The case will then be fully reassessed. What does this entail and what steps must you take?
When is appeal possible?
Appeal can be lodged against judgments of the District Court of The Hague in criminal cases, including cases relevant to residents of Rijswijk.
Who may lodge an appeal?
- The defendant themselves
- The Public Prosecution Service (OM)
- Both parties simultaneously (cross-appeal)
Deadline for appeal
You have 14 days after the court judgment to lodge an appeal.
How is the deadline calculated?
- The deadline starts the day after the judgment
- For defendants who were not present: after official notification
- Important: this deadline is strict and cannot be exceeded
Procedure at the court of appeal
In appeal, your case is reviewed anew by three judges (councillors) of the court of appeal.
Steps in the procedure
- Lodge appeal via the registry
- Submit a written statement of grounds (grounds of appeal)
- Hearing at the court
- Position of the advocate-general
- Defence response
- Judgment (arrest) of the court
What are the benefits of appeal?
- A new chance of acquittal
- Possibility of sentence reduction
- New evidence or witnesses can be introduced
- A fresh look at the case by different judges
What are the risks of appeal?
- The OM can also appeal, which may lead to a heavier sentence
- The procedure can take a long time (sometimes years)
- Costs for legal assistance
- Uncertainty about the outcome remains
Withdrawal of appeal
You can withdraw your appeal up to the hearing. After the start of the proceedings, permission from the court is required.
What after the court of appeal's judgment?
If you disagree with the arrest, you can apply for cassation to the Supreme Court. This is the final step in the process.
Frequently asked questions about appeal
How do I lodge an appeal from Rijswijk?
You must submit a written request to the registry of the District Court of The Hague within 14 days. This can be done via a lawyer or, in simple cases, yourself. Clearly state that you are appealing and against which judgment. After receipt, you will receive confirmation and later a summons for the hearing at the court.
What are grounds of appeal and are they mandatory?
Grounds of appeal are the reasons why you challenge the district court's judgment. You must submit them at the latest four weeks before the hearing via a notice of appeal, in which you explain why you disagree. A lawyer can assist you with this. Without grounds of appeal, your appeal may be dismissed.
Can my sentence become heavier on appeal?
Yes, that risk exists. If the OM also appeals, a higher sentence may be demanded. The court reassesses the case and may impose a stricter sentence. Always consult your lawyer about this risk.
How long does an appeal procedure take?
The duration varies from 6 months to 2 years, depending on the complexity of the case and the court's schedule. Simple cases are handled faster, while complex cases with a lot of evidence may take longer. You will be informed of the hearing date.
What if I miss the 14-day deadline?
If you are too late, your right to appeal lapses. This deadline is strict. In exceptional circumstances, such as force majeure, you can submit a request for restoration with a lawyer, but this is rarely granted.
Contact and help in Rijswijk
For legal advice, you can go to the Juridisch Loket Rijswijk. They offer free help and can refer you to a lawyer if necessary. The cases are handled under the jurisdiction of the District Court of The Hague.