If you disagree with a judgment of the district court, you can lodge an appeal with the court of appeal. The case will then be fully reassessed. What does this entail and what can you expect in Utrecht?
When is an appeal possible?
An appeal can be lodged against judgments of the district court in criminal cases, such as judgments on felonies or misdemeanours.
Who may lodge an appeal?
- The defendant themselves
- The Public Prosecution Service (OM)
- Both parties (cross-appeal)
Deadline for appeal
Lodging an appeal must take place within 14 days after the judgment of the district court.
How is the deadline calculated?
- The deadline starts the day after the judgment
- For defendants who were not present: after official notification
- Important: this deadline is strict and not extendable
Procedure at the court of appeal
In appeal, your case is reviewed anew by a panel of three judges (councillors) at the court of appeal.
Steps in the procedure
- Lodge appeal via the registry
- Submit a written statement of grounds (grounds of appeal)
- Hearing at the court
- Position of the advocate-general
- Defence response
- Judgment (arrest) of the court
Advantages of appeal
- A new chance for acquittal or reduction of sentence
- Possibility to adduce new evidence
- A fresh look at the case by different judges
- Correction of possible errors in the first judgment
Risks of appeal
- The OM can also appeal, which may lead to a heavier sentence
- The procedure can take a long time (sometimes years)
- Additional costs for legal assistance
- Ongoing uncertainty about the outcome
Withdrawal of appeal
You can withdraw your appeal as long as the case has not yet been heard on the merits. After the start of the hearing, permission from the court is required.
After the judgment of the court of appeal
If you disagree with the judgment of the court of appeal, you can apply for cassation with the Supreme Court. This is the final step.
Frequently asked questions about appeal in Utrecht
How do I lodge an appeal?
You must submit a written request within 14 days after the judgment to the registry of the district court that handled the case, such as the District Court of Midden-Nederland at Vrouwe Justitiaplein 1 in Utrecht. This can be done via your lawyer or yourself in simple cases. Clearly state against which judgment you are appealing.
What are grounds of appeal and are they mandatory?
Grounds of appeal are the reasons why you challenge the judgment. You must submit them at the latest four weeks before the hearing via a notice of appeal, in which you explain why you disagree with the judgment. Without grounds of appeal, your appeal may be dismissed.
Can my sentence be increased on appeal?
Yes, that risk exists. If the OM also appeals, the court may impose a heavier sentence. Always consult your lawyer about this risk.
How long does an appeal procedure take?
The duration varies from 6 months to 2 years, depending on the complexity of the case and the scheduling of the court of appeal. You will be informed in good time about the hearing date.
What if I miss the 14-day deadline?
If you are too late, your right to appeal lapses. Only in exceptional circumstances, such as force majeure, can you, with the help of a lawyer, request restoration, but this is rarely granted.
Local information for Utrecht
For cases in Utrecht, your appeal will be handled by the Court of Appeal of Arnhem-Leeuwarden, location Arnhem. The first judgment usually takes place at the District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht. For free legal advice, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55.