Revision to the Detriment at the District Court of Leiden
Revision to the detriment is a rare procedure in Dutch criminal law, relevant for cases handled by the District Court of Leiden. It allows a prior acquittal, discharge from prosecution, or lighter sentence to be revised to a harsher outcome. This is an exception to the ne bis in idem principle, which prohibits repeated prosecution for the same offense. It is only possible under strict conditions and with compelling new evidence, particularly for crimes in the Leiden region.
Why Revision to the Detriment in Leiden?
Criminal cases in Leiden aim for final decisions, but new facts emerging after a District Court of Leiden judgment may indicate an erroneous ruling. Revision to the detriment ensures that the guilty do not go free, for example, when later-discovered evidence such as DNA from a burglary in central Leiden comes to light. The ne bis in idem principle (art. 68 Constitution, art. 310 CCP) is temporarily set aside in favor of public interests in serious offenses.
Legal Basis for Leiden
The rules are set out in the Code of Criminal Procedure (CCP), articles 457-461. Residents of Leiden are subject to the same provisions, applied by the District Court of Leiden. Key articles:
- Art. 457 CCP: Grounds such as conviction of a co-perpetrator (para. 1a), new evidence (para. 1b), or false testimony (para. 1c).
- Art. 458 CCP: Request only by the Public Prosecutor's Office (PPO); defense not permitted.
- Art. 459 CCP: Supreme Court assesses admissibility.
- Art. 460 CCP: If approved, new hearing before the original court, such as the District Court of Leiden.
- Art. 461 CCP: New sentence may be harsher than the original, but with limits.
This balance protects final judgments while allowing correction based on new evidence in Leiden cases.
Conditions for Revision in Leiden
Strict requirements: new facts must have been unknown during the case at the District Court of Leiden, be decisive, and fit art. 457 CCP, such as:
- Unknown during the trial.
- Decisive for a harsher sentence.
- Specific grounds:
- Co-perpetrator convicted for the same offense.
- Later confession by the suspect.
- Discovered false statements or evidence.
No time limit, but extremely rare: only a handful of cases per year nationwide, including in Leiden.
Procedure Step by Step at the District Court of Leiden
- PPO request: Filed with the Supreme Court.
- Supreme Court review: Made public within 14 days and decision taken (art. 459 CCP).
- New hearing: Referred back to the District Court of Leiden or court of appeal for retrial.
- Ruling: Court may revise and impose a harsher sentence.
The defendant receives full opportunity to defend. For advice, call Legal Aid Office Leiden.
Examples from Leiden Practice
Example: Jan from Leiden is acquitted of burglary on Breestraat due to lack of evidence. His DNA later emerges. PPO requests revision (art. 457 para. 1b CCP). Supreme Court approves, District Court of Leiden sentences him to 2 years' imprisonment.
Murder case: Maria from Leiden acquitted. Brother later convicted as accomplice. Art. 457 para. 1a CCP leads to revision: 8 years' imprisonment at the District Court of Leiden.
Rights and Obligations in Leiden
Defendant's Rights
- Full defense with subsidized counsel.
- Access to the case file.
- Right to appeal.
Obligations
- Cooperate in the procedure.
- PPO discloses all facts.
Contact Legal Aid Office Leiden for free assistance or legal aid advice.
Comparison: To the Detriment vs. To the Benefit
| Aspect | Revision to the Detriment | Revision to the Benefit |
|---|---|---|
| Initiative | PPO only | Defendant or PPO |
| Grounds | Art. 457 CCP | Art. 444-456 CCP |
| Authority | Supreme Court, then District Court of Leiden | Supreme Court |
| Outcome | Harsher sentence possible | Milder only |
| Frequency | Very rare | Somewhat more common |
Frequently Asked Questions for Leiden
Can it happen multiple times?
No, after revision, ne bis in idem applies strictly (art. 461 CCP).
Already served TBS?
Possible adjustment; Supreme Court weighs it.
How long does it take?
6-18 months, depending on the case at the District Court of Leiden.
Attorney costs?
No, legal aid via the Legal Aid Board. Start at Legal Aid Office Leiden.