Revision to the Detriment
Revision to the Detriment is a rare procedure in Dutch criminal proceedings that can overturn a previous acquittal, prosecutorial dismissal, or lighter sentence by the District Court of Zoetermeer into a harsher conviction. It is an exception to the ne bis in idem principle (ne bis in idem), which bars retrial for the same offenses. For Zoetermeer residents, this primarily applies to local cases where new evidence corrects an earlier ruling by the District Court of Zoetermeer.
Why Revision to the Detriment in Zoetermeer?
Criminal cases in Zoetermeer aim for finality, but new insights after a District Court of Zoetermeer ruling can reveal injustice. This procedure ensures the guilty do not go free, such as through later-discovered DNA or confessions. The ne bis in idem principle (art. 68 Constitution, art. 310 Code of Criminal Procedure) is temporarily set aside for the sake of public justice in serious regional offenses.
Legal Basis
The rules are set out in the Code of Criminal Procedure (CCP), articles 457-461. Key points for cases at the District Court of Zoetermeer:
- Art. 457 CCP: Grounds such as conviction of a co-perpetrator (1a), new evidence (1b), or false testimony (1c).
- Art. 458 CCP: Only the Public Prosecution Service (PPS) may request it; the defense cannot.
- Art. 459 CCP: Supreme Court assesses admissibility.
- Art. 460 CCP: If approved, remitted back to the District Court of Zoetermeer for retrial.
- Art. 461 CCP: New sentence may be harsher than the original, with limits.
This balance protects final judgments while prioritizing correction.
Conditions in Zoetermeer Cases
Strict requirements: new facts must have been unknown at the original hearing before the District Court of Zoetermeer, be decisive for a harsher outcome, and fit art. 457 CCP, such as:
- Co-perpetrator convicted for the same offense in Zoetermeer.
- Suspect later confesses withheld details.
- Discovered false statements or forgeries.
No time limit, but very few requests granted per year.
Procedure Step by Step
- PPS Request: Filed with the Supreme Court for a local Zoetermeer case.
- Supreme Court Review: Made public within 14 days and decided (art. 459 CCP).
- Retrial: Remitted to the District Court of Zoetermeer.
- Ruling: Judge may revise and impose a harsher sentence.
Suspects in Zoetermeer have the right to be heard and present new evidence. Consult Het Juridisch Loket Zoetermeer for guidance.
Real-World Examples
Example: A Zoetermeer resident is acquitted of burglary in Stadshart due to lack of evidence. Later, DNA matches; PPS requests revision (art. 457(1)(b) CCP). Supreme Court approves, and District Court of Zoetermeer sentences to 2 years' imprisonment.
Murder case: Zoetermeer suspect acquitted. Accomplice (family member) later convicted; art. 457(1)(a) CCP triggers revision, resulting in 8 years' imprisonment by District Court of Zoetermeer.
Rights and Obligations
Suspect's Rights
- Full defense with pro bono counsel.
- Access to case file at District Court of Zoetermeer.
- Right to appeal.
Obligations
- Cooperate in the proceedings.
- PPS discloses all facts.
Zoetermeer residents can seek free advice from Het Juridisch Loket Zoetermeer.
Comparison: To the Detriment vs. To the Benefit
| Aspect | Revision to the Detriment | Revision to the Benefit |
|---|---|---|
| Initiative | Only PPS | Suspect or PPS |
| Grounds | Art. 457 CCP | Art. 444-456 CCP |
| Authority | Supreme Court, then District Court of Zoetermeer | Supreme Court |
| Outcome | Harsher sentence possible | Milder outcome only |
| Frequency | Very rare | Somewhat more common |
Frequently Asked Questions
Can revision to the detriment happen multiple times?
No, after revision, ne bis in idem applies strictly (art. 461 CCP).
What about an ongoing TBS order?
Possible adjustment; Supreme Court weighs proportionality.
How long does it take?
Usually 6-18 months for cases at District Court of Zoetermeer.
Attorney costs?
No, free legal aid via the Legal Aid Board. Start at Het Juridisch Loket Zoetermeer.