Novum Revision for Residents of Zoetermeer

Novum Revision for Residents of Zoetermeer

For residents of Zoetermeer, a novum revision provides a unique opportunity in criminal law to reopen a closed case based on new evidence – the novum. This can result in acquittal, a reduced sentence, or a retrial, particularly relevant following judgments from the District Court of Zoetermeer. It serves as the ultimate remedy for the wrongfully convicted, provided the novum fundamentally undermines the original judgment.

Legal Basis for Novum Revision

Revision of criminal cases, including novum revision, is governed by Title X of the Code of Criminal Procedure (Sv), articles 457-479 Sv. Article 457(1) Sv is central: revision applies to a novum that was unknown during the proceedings before the District Court of Zoetermeer, discovered later, and which the applicant demonstrates would have prevented the judgment.

The Supreme Court decides on requests (art. 458 Sv), as an extraordinary remedy after final judgments from Zoetermeer or elsewhere. Other grounds include forged documents (art. 457(2) Sv) or prosecutorial errors (art. 457(3) Sv), but novums are the most common.

What Qualifies as a Novum?

Not all new information qualifies as a novum. The Supreme Court applies strict criteria:

• New character: Unknown and not reasonably discoverable during the case before the District Court of Zoetermeer.
• Credible: Evidence that would overturn the judgment, often supported by experts or witnesses.
• Impact: Raises serious doubt about guilt or sentence, such as DNA implicating another person or a false statement.

Typical novums include a DNA match with a third party, a perpetrator's confession, or new forensic evidence. Oversights by the defense, such as a missed witness, do not qualify.

Overview of Revision Grounds

Steps in the Novum Revision Procedure

The process for Zoetermeer residents:

1. File request: With the Supreme Court via a petition detailing the novum and evidence (art. 459 Sv). Start with advice from Het Juridisch Loket Zoetermeer.
2. Advocate General's advice: Report issued within six months.
3. Supreme Court ruling: If granted, referral to the court of appeal (art. 468 Sv).
4. Court of appeal hearing: Possible acquittal or new judgment.
5. Cassation option: Appeal against court of appeal decision possible.

Expect 1-3 years; legal assistance is essential. Costs are at your own expense, but exceptional assistance may be available via the Municipality of Zoetermeer.

Real-World Examples

In the Posthumus case (1997), DNA evidence exonerated the convicted individual, leading to Supreme Court revision and acquittal. More recently, Ina Post (2018): posthumous DNA proved innocence after years in prison.

Zoetermeer example: After a theft conviction at the District Court of Zoetermeer, a new witness confesses and DNA matches. This novum can force reopening, with evidence showing the judge would have ruled differently.

Rights and Obligations

Rights:

• Full access to case file (art. 460 Sv).
• Legal aid, pro bono via Het Juridisch Loket Zoetermeer for low income.
• No time limit for application.

Obligations:

• Thoroughly prove the novum.
• No abuse; rejection for weak claims.
• Attend hearings.

Frequently Asked Questions