Can I appeal in a criminal case?
What does "going to cassation" mean?
When you appeal to the Supreme Court, you are appealing a ruling of the court. Unlike the trial court the Supreme Court will not rehear the case. The Supreme Court will assess whether the trial court correctly applied the law and whether the trial court properly justified its ruling.
How does the cassation process work?
The Supreme Court then decides whether the request is well-founded or unfounded. If the request is unfounded, then according to the judges (hearing officers) at the Supreme Court, no mistakes were made by the trial court and then the ruling stands.
According to the Supreme Court, if the request is well-founded, mistakes were made by the court. In that case, the Supreme Court will set aside (in part) the judgment of the trial court. The Supreme Court can decide a case itself, but it almost never does so - after setting it aside. The Supreme Court will refer the case to a court of appeal, which will again hear the substance of the case. This may be the same court or a different court.
If you again disagree with the court's ruling, you can again appeal.
Do I need a lawyer to file in cassation?
In order to appeal in cassation to the Supreme Court, it is mandatory to have yourself assisted by a lawyer who specializes in cassation law. This is because cassation proceedings can be highly technical and complex, and the legal requirements and procedures are stricter than in previous court proceedings. Please read via this link more about the lawyer's role in the criminal process.
If you are considering cassation or have questions about the process, please contact us for expert advice and professional legal assistance. Contact our office to schedule an appointment to discuss how we can help you in your cassation proceedings. You can reach us via email at info@klpadvocaten.nl or by phone at 020-6731548. For urgent matters, you can also reach us at our emergency number 06-24428734.
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