Novum Revision for Utrecht Residents

Novum Revision for Utrecht Residents

For residents of Utrecht, a novum revision offers a unique opportunity in criminal law to reopen a closed case at the Utrecht District Court. This becomes possible due to a new fact – the novum – that was previously unknown and casts doubt on the conviction. It can result in acquittal, a reduced sentence, or a new hearing. For wrongfully convicted individuals from Utrecht, this is often the last resort, particularly when the novum fundamentally changes the question of guilt.

Legal Basis for Novum Revision

Novum revision is governed by Title X of the Dutch Code of Criminal Procedure (Sv), specifically articles 457-479 Sv. At its core is article 457(1) Sv: revision is available "if a novum comes to light that was unknown at the time of the trial and which the convicted person shows would have overturned the judgment."

The Supreme Court of the Netherlands decides on requests (art. 458 Sv). This is an extraordinary procedure following a final judgment from the Utrecht District Court or the Arnhem-Leeuwarden Court of Appeal. Other grounds for revision, such as forgery (art. 457(2) Sv), are less common than a novum.

What Qualifies as a Novum in Utrecht Cases?

A novum must meet strict criteria set by the Supreme Court:

• Entirely new: Unknown during the proceedings at the Utrecht District Court and not foreseeable.
• Compelling: Evidence such as expert reports must demonstrate that the judge would have ruled differently.
• Impactful: It must create serious doubt, e.g., DNA implicating someone else or a false statement.

Typical novums include a DNA match with another person, a confession, or new digital evidence. Oversights by the defense, such as a missed witness, do not qualify.

Overview of Revision Grounds

Steps in the Novum Revision Procedure

The procedure for Utrecht residents proceeds as follows:

1. Request to Supreme Court: Submit with details and evidence (art. 459 Sv).
2. Advocate General's Advice: Procurator-General provides advice within six months.
3. Supreme Court Ruling: If granted, the case proceeds to the Arnhem-Leeuwarden Court of Appeal (art. 468 Sv).
4. New Trial: The Court of Appeal may revise the judgment, suspend it, or acquit.
5. Possible Appeal in Cassation: Against the Court of Appeal's decision if needed.

The process typically takes 1-3 years. Utrecht residents can obtain free advice from The Legal Aid Desk Utrecht. Costs are at your own expense, unless subsidized legal aid applies.

Utrecht and National Case Examples

In the well-known Posthumus case, DNA evidence led to revision and acquittal. More recently, in the Ina Post case (2018), acquittal followed a DNA novum. Local example: Imagine a Utrecht resident convicted of burglary based on witness X's testimony. Later, Y confesses and DNA matches the crime scene – a strong novum for revision.

Rights and Obligations

Rights:

• Access to case file (art. 460 Sv).
• Legal representation, pro bono via the Municipality of Utrecht for low-income individuals.
• No time limit for filing.

Obligations:

• Properly substantiate the novum.
• No repeated frivolous requests.
• Attend special hearings.

Start at The Legal Aid Desk Utrecht for guidance.

Frequently Asked Questions