Review constitutes an exceptional legal remedy to have a final conviction reassessed. This is applied when new information or facts indicate a possible judicial mistake.
What does review entail?
Review (articles 457-481 CCP) is the only means to challenge an irrevocable criminal conviction. It is intended for situations where it subsequently becomes clear that the judgment may have been unjustified.
Reasons for review
A review can only be requested under specific conditions:
- Novum - A new fact or circumstance unknown to the court at the time
- This novum must strongly suggest that the court would have reached a different decision
Examples of nova
- Advanced DNA analysis proving innocence
- A witness who later admits to having lied
- The actual perpetrator being traced
- Recent scientific discoveries
Steps in the procedure
- Submission of a request to the Supreme Court
- The Procurator General evaluates the request
- If necessary, additional investigation by ACAS (Advisory Committee on Closed Criminal Cases)
- The Supreme Court determines whether review is justified
- If approved: referral to another court of appeal
Who may file a review request?
- The convicted person (via an attorney)
- The Procurator General at the Supreme Court
- In case of death: specific next of kin
Famous cases in the Netherlands
Several high-profile review cases include 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
When can I request a review?
A review request is possible with new facts or circumstances (novum) that were unknown during the original case. These must demonstrate that the conviction was likely incorrect, such as new DNA evidence or a confession by the real perpetrator.
How long does a review process take?
The process can vary from a few months to years, depending on the case and required investigation. The Procurator General assesses first, followed by possible investigation by ACAS, after which the Supreme Court decides.
Can a request be filed after death?
Yes, next of kin such as partners or children can file a request after death via an attorney, often to clear the name or obtain compensation.
What does a review request cost?
Costs can be high due to attorney fees and possible investigations. In case of financial limitations, subsidized legal aid is possible. Consult your attorney about this.
What if my request is approved?
If approved by the Supreme Court, the case is retried by another court of appeal. This can lead to acquittal, sentence reduction, or compensation.
Local information Utrecht
For legal support in Utrecht, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht