Review constitutes an exceptional legal instrument to have a final conviction reassessed. This remedy is used when new information or circumstances suggest that a judicial error has occurred.
What does review entail?
Review, regulated in articles 457-481 of the Code of Criminal Procedure, offers the possibility to challenge an irrevocable criminal judgment. It is specifically intended for situations where it subsequently appears that the conviction may have been unjustified.
Reasons for review
A request for review may only be filed under specific conditions:
- Novum - A new fact or circumstance that was unknown to the judge during the original case
- This novum must give rise to a strong presumption that the judgment would have been different
Examples of new facts
- Advanced DNA analysis proving innocence
- A witness admitting to having lied
- Identification of the actual perpetrator
- Recent scientific discoveries
Steps in the review procedure
- Filing a request with the Supreme Court
- Investigation by the Procurator General into the application
- Possible additional investigation by the Advisory Committee on Closed Criminal Cases (ACAS)
- Decision by the Supreme Court on the merits of the request
- If granted: referral to another court of appeal
Who may file a review request?
- The convicted person, represented by a lawyer
- The Procurator General at the Supreme Court
- Certain next of kin after the death of the convicted person
Famous cases in the Netherlands
Some high-profile review cases are 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 file a review request?
A request for review is possible if new facts or circumstances (novum) become known that the judge did not know at the time. These nova must suggest that the conviction was probably erroneous. Think of new DNA evidence or a confession by another perpetrator. The request must be filed with the Supreme Court via a lawyer.
How long does a review process take?
The process can vary from a few months to several years, depending on the case and the required investigation. The Procurator General first assesses the request, followed by possible investigation by ACAS. The Supreme Court then decides. If granted, the case is retried by another court of appeal.
Can a request be filed after death?
Yes, after the death of the convicted person, next of kin such as a partner or children may file a request. This is done via a lawyer and can, for example, serve to obtain restitution of rights.
What does a review request cost?
The costs can add up due to legal assistance and any additional investigations such as DNA tests. If the costs are too high, subsidized legal aid can be applied for. Consult your lawyer about this.
What if my request is approved?
If approved by the Supreme Court, the case is referred to another court of appeal for a new hearing. This can lead to acquittal, reduction of sentence, or even compensation.
Local information for Leiden
For legal support in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles criminal cases in this region. Contact them for advice or support with a review request.