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Appeal in Criminal Case Utrecht

Discover how Utrecht residents can file an appeal after a Utrecht District Court judgment. Procedure, conditions, and local tips via Het Juridisch Loket. (124 characters)

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Appeal in a Criminal Case for Utrecht

Appeal in a criminal case allows residents of Utrecht to submit a judgment from the Utrecht District Court to a higher court. This takes place at the Arnhem-Leeuwarden Court of Appeal, which fully reviews the case. It is a crucial remedy for defendants and the Public Prosecution Service (OM) to correct erroneous decisions, under strict conditions.

Legal Basis for Appeal

Dutch criminal law governs appeals in the Code of Criminal Procedure (Sv), Articles 67 to 85. Article 67 Sv permits appeals against judgments from the Utrecht District Court, except in cases of acquittal or discharge from prosecution unless the OM appeals. Under Article 68 Sv, the sentence must exceed a third-category fine (€450) or more than two months' imprisonment for single-judge cases.

Judgments from the single judge or sub-district judge in Utrecht go directly to the Arnhem-Leeuwarden Court of Appeal. The appeal period is 14 days (Article 79 Sv); the OM has the same deadline, though extensions are sometimes granted. You can get free advice on your options at Het Juridisch Loket Utrecht.

When to File an Appeal in Utrecht?

Consider filing an appeal if you are dissatisfied with the Utrecht District Court judgment, for example in cases of:

  • Excessively harsh sentence.
  • Incorrect classification of the offense (e.g., simple theft vs. robbery).
  • Weak evidence.
  • Procedural errors, such as infringement of your right to a fair hearing.

As a defendant, you declare your appeal orally or in writing at the registry of the Utrecht District Court within 14 days, with or without lawyer assistance. The OM decides independently.

Conditions and Exceptions

  1. No appeal against acquittal: Only the OM may appeal (Article 67(2) Sv).
  2. Interim decisions: Pro forma judgments without a final decision are not appealable.
  3. Conditional dismissal: No appeal possible against this.

The Appeal Procedure from Utrecht

At the Arnhem-Leeuwarden Court of Appeal, the procedure follows the first instance with adjustments. After the appeal is filed, a hearing date is set within months. The oral, public hearing allows new evidence.

The court fully re-examines the case de novo: all aspects are reviewed anew. Introduce new witnesses or experts; the judgment is issued immediately or later.

Possible Outcomes

Outcome Description
Affirmation First-instance judgment upheld.
Sentence adjustment Sentence reduced or increased.
Quashing Remitted to Utrecht District Court or dismissed.
Acquittal No guilt proven.

Rights and Obligations in Appeal

Defendant's rights:

  • Right to a lawyer (legal aid via the Legal Aid Board; advice at Het Juridisch Loket Utrecht).
  • Right to plead and submit evidence.
  • Access to the case file (Article 30 Sv).
  • No detention unless remanded in custody.

Obligations:

  • Attend the hearing, or risk suspension of defense.
  • Pay court fees (€150 for individuals, Article 507a Sv).

The OM must provide reasons for any sentence increase.

Practical Examples from Utrecht

Example 1: Traffic Offense. Mr. Jansen receives an €800 fine and 3-month driving ban from the Utrecht single judge for speeding on the A27. He appeals within 14 days; the court reduces it to €500 and 1 month after witness examination.

Example 2: Theft at Hoog Catharijne. Ms. De Vries: 2 months' imprisonment for shoplifting. Lawyer challenges CCTV footage with psychologist; court acquits due to insufficient evidence.

Example 3: OM Appeal. Fight in Utrecht city center: community service. OM demands prison; court imposes 1 month.

Differences Between First Instance and Appeal

Aspect First Instance (Utrecht) Appeal
Court Utrecht District Court Arnhem-Leeuwarden Court of Appeal
Review Initial Full rehearing
Deadline - 14 days
New facts Limited Allowed

Frequently Asked Questions

Can you appeal a €300 fine?

No, only fines above €450 (third category). Lower fines via transaction, without court. See article on criminal transaction.

What if you miss the 14-day deadline?

Appeal is then barred, unless remedied for excusable reasons (Article 79a Sv). Contact Het Juridisch Loket Utrecht immediately.