Review is an exceptional legal instrument to have a final conviction reconsidered. It is applied when new information or circumstances indicate a possible judicial error.
What does review entail?
Review (articles 457-481 CCP) provides the possibility to challenge an irrevocable criminal conviction. This remedy is specifically intended for situations in which it becomes clear afterwards that the judgment was probably unjustified.
Reasons for review
A review request can only be filed under the following conditions:
- Novum - A new fact or circumstance that was unknown to the judge during the original case
- This novum must strongly suggest that the judge would have reached a different decision if it had been known
Examples of nova
- Advanced DNA analysis proving innocence
- A witness who later admits to having lied
- The discovery of the real perpetrator
- Recent scientific breakthroughs
Steps in the procedure
- Filing a request with the Supreme Court
- Investigation by the Procurator General into the application
- Possible additional investigation by the ACAS (Advisory Committee on Closed Criminal Cases)
- Decision by the Supreme Court on the merits of the request
- If granted: referral to another court of appeal
Who may file a review request?
- The convicted person (via a lawyer)
- The Procurator General at the Supreme Court
- Certain next of kin after the death of the convicted person
Famous cases in the Netherlands
Some high-profile review cases are the Schiedam Park Murder and the Putten Murder Case, in which wrongly convicted individuals were acquitted after a long time.
Frequently asked questions about review in Zoetermeer
When can I file a review request?
A review request is possible as soon as new facts or circumstances (novum) become known that the judge did not know at the time. These nova must demonstrate that the conviction may have been erroneous. Think of new DNA evidence or a witness who later lied. The request must be filed with the Supreme Court via a lawyer.
What is the duration of a review process?
A review procedure can vary from a few months to several years, depending on the case and the required investigation. The Procurator General first assesses the request, followed by possible investigation by the ACAS. The Supreme Court ultimately decides whether review is granted, after which a new court of appeal may handle the case.
Is review possible after death?
Yes, after the death of the convicted person, specific family members, such as a partner or children, may file a review request via a lawyer. This can, for example, serve to restore the honor of the deceased or to obtain compensation.
What does a review request cost?
The costs for a review request can be high, especially due to lawyer fees. If you are financially limited, you can claim subsidized legal aid. Additional costs, such as for forensic investigation, may also arise. Always consult your lawyer about the financial aspects.
What if my review request is approved?
If approved by the Supreme Court, your case is referred to another court of appeal for a new hearing. This court reassesses the case with the new information. This can lead to acquittal, sentence reduction, or compensation.
Contact and support in Zoetermeer
For legal assistance with review, you can contact the Juridisch Loket Zoetermeer. Cases are handled under the District Court of The Hague, which includes Zoetermeer.