Can I appeal in criminal case?
What does "appeal" mean?
If you disagree with the ruling of the court of first instance in the district court, then you can appeal the ruling.
On appeal, the case is heard again by the trial court. The trial court completely reassesses the case in terms of both the facts and the application of the law. This means that new evidence may be introduced, and witnesses may be heard again.
Appeals in criminal cases are heard by one of the courts in the Netherlands. There are four courts:
- Amsterdam;
- Arnhem-Leeuwarden;
- The Hague;
- 's-Hertogenbosch.
When will you appeal?
If you have been convicted or if you think the court made a mistake in its judgment, you can appeal the court's verdict. This applies to both the defendant and the prosecution (OM). Even if you have been acquitted, the prosecution may decide to appeal because it disagrees with the acquittal.
With a felony conviction, you can always appeal. For misdemeanors, it depends on what penalty the judge has imposed. It must be a fine of more than €50.00 or some other penalty or measure.
Within what time limit to appeal in criminal case?
You must appeal within 14 days of the court's decision. This deadline is strict, and if you are late, the right to appeal is forfeited.
Lower sentence possible on appeal?
On appeal, the trial court can impose either a lower or a harsher sentence (if the court did not impose the highest possible sentence). This means that there is a risk that the sentence on appeal will be more severe than the sentence imposed by the court.
File for cassation?
If you also disagree with the court's ruling, you can file in go to cassation at the Supreme Court of the Netherlands. Cassation, however, is limited to legal issues; the Supreme Court does not reevaluate the facts, but only considers whether the law was properly applied.
Do I need a lawyer to appeal?
It is not mandatory, but it is wise. For example, you can file a notice of appeal within 14 days after the verdict is rendered at the district court, stating why the verdict is incorrect as far as you are concerned. In this notice of appeal, you can also specify investigative wishes, such as witness requests or a request for DNA testing. You can read this via this link more about the lawyer's role in the criminal process.
During the appeal process, our lawyers - together with you - ensure that an optimal strategy is chosen. Our lawyers have extensive experience in appeal cases. If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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