Novum Revision in Rijswijk

Novum Revision in Rijswijk

For residents of Rijswijk, a novum revision offers a unique opportunity in criminal law to reopen a closed case based on new evidence – the novum. This can result in acquittal, a reduced sentence, or a retrial at the District Court of Rijswijk. It serves as the ultimate remedy for wrongfully convicted individuals from Rijswijk, provided the novum fundamentally undermines the original judgment.

Legal Basis for Novum Revision

Revision of criminal cases, including novum revision, is governed by Title X of the Code of Criminal Procedure (Sv), articles 457-479 Sv. The key provision is article 457(1) Sv: revision is permitted if a novum emerges after the trial that the convicted person demonstrates would have altered the judgment of the District Court of Rijswijk.

The Supreme Court decides on requests (art. 458 Sv), as an extraordinary remedy following a final judgment. Other grounds include forgery (art. 457(2) Sv) or lack of authority of the Public Prosecution Service (art. 457(3) Sv), but novums are the most common in cases from areas like Rijswijk.

What Qualifies as a Novum?

Not all new facts qualify as a novum. The Supreme Court imposes strict requirements:

• Novelty: Unknown during the trial at the District Court of Rijswijk and not reasonably discoverable earlier.
• Credibility: Evidence that overturns the judgment, often through experts or witnesses.
• Impact: It must cast doubt on guilt or sentence severity, such as DNA implicating another person or a false statement.

Typical novums include a DNA match with a third party, a perpetrator's confession, or new forensic material. Mistakes by the defense, such as overlooked witnesses due to lawyer errors, do not count.

Overview of Revision Grounds

Procedure for Novum Revision for Rijswijk Residents

The steps are structured as follows:

1. Request to Supreme Court: Rijswijk residents submit a request with the novum and supporting evidence (art. 459 Sv). Start at The Legal Aid Desk Rijswijk for assistance.
2. Advocate General's Advice: The Advocate General provides advice within six months.
3. Supreme Court Ruling: If granted, referral to the court of appeal (art. 468 Sv).
4. Court of Appeal Trial: Possibly back to the District Court of Rijswijk for a new judgment, acquittal, or sentence adjustment.
5. Possible Appeal in Cassation: Against the court of appeal decision.

Expect 1-3 years; legal aid through Municipality of Rijswijk or pro bono is essential. Costs are at your own expense, except for subsidized legal aid.

Examples of Novum Revision

In the well-known Posthumus case (1997), DNA evidence led to revision and acquittal. In the Ina Post case (2018), posthumous DNA proved innocence after years in prison. Local hypothetical: Suppose a Rijswijk resident is convicted of burglary based on witness A. Later, B confesses and DNA matches the Municipality of Rijswijk crime scene – a strong novum for revision.

Rights and Obligations

Rights:

• Access to case file (art. 460 Sv); request from the District Court of Rijswijk.
• Legal counsel, pro bono via The Legal Aid Desk Rijswijk.
• No time limit for filing a request.

Obligations:

• Properly document the novum.
• No abuse; rejection for weak claims.
• Attend special hearings.

Frequently Asked Questions