If you disagree with a judgment of the District Court of The Hague, you can lodge an appeal with the court of appeal. The case will then be fully reassessed. What does this entail and what rules apply?
When is an appeal possible?
An appeal can be lodged against decisions of the District Court of The Hague in criminal cases, including for residents of Zoetermeer.
Who can lodge an appeal?
- The defendant themselves
- The Public Prosecution Service (OM)
- Both parties (cross-appeal)
Deadline for appeal
You have 14 days after the court's judgment to lodge an appeal.
How is the deadline calculated?
- The deadline starts the day after the judgment
- In the absence of the defendant: after official service
- Important: this deadline is strict and non-extendable
Procedure at the court of appeal
On appeal, your case is reviewed anew by three judges (councillors) of the court of appeal.
Steps in the procedure
- Lodge the appeal
- Submit grounds of appeal via a notice of appeal
- Hearing at the court
- Submissions by the advocate-general
- Defence response
- Judgment (arrest)
Advantages of appeal
- A new chance of acquittal
- Possibility of sentence reduction
- New evidence can be adduced
- A fresh look at the case by different judges
Risks of appeal
- The OM can also appeal, which may lead to a higher sentence
- The procedure can take a long time (months to years)
- Costs for legal assistance
- Uncertainty about the outcome remains
Withdrawal of appeal
You can withdraw your appeal up to the hearing. After that, permission from the court is required.
After the court of appeal's judgment
If you disagree with the arrest, you can only apply for cassation to the Supreme Court.
Frequently asked questions about appeal
What should I do if I am suspected of a criminal offence?
You have the right to a lawyer, the right to remain silent and the police must inform you of your rights. Being a suspect does not mean you are guilty.
How long can I be held in pre-trial detention?
Without trial, maximum 10 days. Thereafter, a judge must grant permission for extension. Pre-trial detention has a maximum duration.
What distinguishes a crime from a violation?
A crime is more serious and can lead to imprisonment, whereas a violation is often settled with a fine.
Do I always have the right to a lawyer?
Yes, legal assistance is your right. If you cannot afford it, a lawyer can be assigned free of charge.
Can I appeal in Zoetermeer?
Yes, against a decision of the District Court of The Hague you can appeal to the court of appeal. Contact the Juridisch Loket Zoetermeer for help.
Practical questions about appeal
How do I lodge an appeal?
You must submit a written request to the registry of the District Court of The Hague within 14 days after the judgment. This can be done via your lawyer or independently in simple cases. Clearly state that it concerns an appeal and against which judgment. You will receive confirmation and later a summons for the hearing.
What are grounds of appeal and are they mandatory?
Grounds of appeal are the reasons why you challenge the judgment. These must be submitted no later than four weeks before the hearing via a notice of appeal, in which you explain why you disagree, for example due to an excessively high sentence or weak evidence. Your lawyer can assist with this. Without grounds of appeal, your appeal may be dismissed.
Can my sentence become heavier on appeal?
Yes, that risk exists. If the OM also appeals, a higher sentence may be demanded. The court reassesses everything and may impose a stricter sentence. Discuss this carefully with your lawyer.
How long does an appeal procedure take?
On average, this takes 6 months to 2 years, depending on the case and the workload at the court. Simple cases proceed faster, complex cases with a lot of evidence take longer. You will be informed of the hearing date.
What if I miss the 14-day deadline?
If you are too late, your right to appeal lapses. This deadline is strict. Only in exceptional circumstances, such as force majeure, can you, with a lawyer, request restoration, but this is rarely granted.
Is new evidence possible on appeal?
Yes, you may submit new evidence, such as witness statements, reports or documents that were not previously available. This can strengthen your case.