Appeal in a Criminal Case in Zoetermeer
Appeal in a criminal case gives residents of Zoetermeer the opportunity to have a judgment from the Zoetermeer District Court reviewed by a higher court. This is a vital remedy for defendants and the Public Prosecution Service (OM) to correct mistaken decisions, provided the conditions are met. At The Zoetermeer Legal Aid Office, you can get free advice on your options.
Legal Basis for Appeals
Dutch criminal procedure law governs appeals in the Code of Criminal Procedure (Sv), Articles 67 to 85. Article 67 Sv permits appeals against judgments from the Zoetermeer District Court, except in cases of acquittal or discharge from prosecution where the OM does not appeal. Under Article 68 Sv, the sentence must exceed a third-category fine (€450) or more than two months' imprisonment for police judge cases.
Judgments from the police judge or subdistrict judge in Zoetermeer go directly to the Court of Appeal. The appeal period is strict: 14 days from pronouncement (Article 79 Sv). The OM has the same deadline, with possible extensions in exceptional cases.
When to File an Appeal in Zoetermeer?
In Zoetermeer, you can appeal if you are dissatisfied with a decision from the Zoetermeer District Court, for example in cases of:
- Excessively severe sentence.
- Incorrect classification of the offense (e.g., simple theft vs. robbery).
- Doubtful evidence.
- Procedural errors, such as an unfair hearing.
As a defendant, you must declare the appeal orally or in writing within 14 days at the registry of the Zoetermeer District Court, ideally with assistance from a lawyer via The Zoetermeer Legal Aid Office.
Conditions and Exceptions
- No appeal against acquittal: Only the OM may appeal (Article 67(2) Sv).
- Pro forma decisions: No appeal against interim judgments without a final decision.
- Conditional dismissal: No appeal is possible.
The Appeal Procedure from Zoetermeer
At the Court of Appeal, the procedure is similar to that at the Zoetermeer District Court but with key differences. After filing, the case is scheduled for a hearing within months. The oral, public hearing is central.
The court reopens the case in full (de novo): a complete reassessment, including new witnesses, evidence, or experts. The judgment is issued immediately or in writing later.
Possible Outcomes
| Outcome | Description |
|---|---|
| Confirmation | Original judgment stands. |
| Sentence modification | Sentence increased or reduced. |
| Quashing | Remitted to Zoetermeer District Court or dismissed. |
| Acquittal | No guilt proven. |
Rights and Obligations in Appeal
Rights as a defendant from Zoetermeer:
- Assistance from a legal aid lawyer via The Zoetermeer Legal Aid Office.
- Right to argue your case and submit new evidence.
- Access to the case file (Article 30 Sv).
- No detention during appeal, unless remanded in custody.
Obligations:
- Attend the hearing, or risk suspension of your defense.
- Pay court fees (€150 for individuals, Article 507a Sv).
The OM must provide reasons if seeking a harsher sentence.
Practical Examples from Zoetermeer
Example 1: Traffic Offense. Mr. Jansen from Zoetermeer receives an €800 fine and 3-month driving ban from the police judge for speeding on the N207. He appeals within 14 days; the court accepts a witness statement and reduces it to €500 and 1 month.
Example 2: Theft. Ms. De Vries is sentenced to 2 months' imprisonment for theft in Zoetermeer Stadshart. Her lawyer challenges the camera footage and calls an expert; the court acquits due to insufficient evidence.
Example 3: OM Appeal. After a fight in Zoetermeer, the defendant receives a community service order; the OM appeals for prison, and the court imposes 1 month.
Differences: First Instance vs. Appeal
| Aspect | First Instance (Zoetermeer) | Appeal |
|---|---|---|
| Judge | Zoetermeer District Court | Court of Appeal |
| Hearing | Initial | Full review |
| Period | - | 14 days |
| New evidence | Limited | Allowed |
FAQs for Zoetermeer
Can you appeal a €300 fine?
No, only fines over €450 qualify. Lower amounts fall under settlements. Contact The Zoetermeer Legal Aid Office for advice.
What if you miss the 14-day deadline?
Appeal is then barred, unless the Zoetermeer District Court grants an extension on request.