If you disagree with a judgment of the Rechtbank Den Haag, location Leiden, you can lodge an appeal with the court of appeal. The case will then be fully reassessed. What does this entail and what steps must you take?
When can you lodge an appeal?
An appeal is an option against judgments of the district court in criminal cases, including cases handled in Leiden.
Who may lodge an appeal?
- The defendant themselves
- The Public Prosecution Service (OM)
- Both parties (cross-appeal)
Deadline for appeal
You have 14 days after the judgment to lodge an appeal with the registry of the Rechtbank Den Haag, location Leiden.
How is the deadline calculated?
- The deadline starts the day after the judgment
- For defendants who were not present: after official service
- Note: this deadline is strict and cannot be exceeded
Procedure at the court of appeal
Your case will be reviewed anew by three judges (raadsheren) of the court.
Steps in the procedure
- Lodging the appeal
- Submitting written grounds of appeal (grieven)
- Hearing at the court of appeal
- Position of the advocate-general
- Defence response
- Judgment (arrest)
Benefits of appeal
- A new chance of acquittal
- Possibility of sentence reduction
- Submitting new evidence
- Fresh perspective from different judges
Risks of appeal
- The OM can also lodge an appeal, which may lead to a heavier sentence
- The procedure can take a long time (from months to years)
- Costs for legal assistance
- Uncertainty about the outcome remains
Withdrawal of the appeal
You can withdraw your appeal up to the hearing. After that, permission from the court is required.
After the court of appeal's judgment
If you disagree with the arrest, you can only apply for cassation to the Supreme Court.
Frequently asked questions about appeal in Leiden
How do I start an appeal after a judgment in Leiden?
You start an appeal by submitting a written request within 14 days after the judgment to the registry of the Rechtbank Den Haag, location Leiden. This can be done via your lawyer or yourself in simple cases. Clearly state which judgment you are appealing against. You will receive confirmation and later a summons for the hearing at the court.
What are grieven and are they mandatory?
Grieven are the reasons why you disagree with the judgment. You must submit them no later than four weeks before the hearing via a notice of appeal, in which you explain why you challenge the sentence or the evidence. Your lawyer can assist with this. Without grieven, the court may reject your appeal.
Can my sentence become heavier on appeal?
Yes, that risk exists. If the OM also appeals, a heavier sentence may be demanded. The court reassesses everything and may impose a higher 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 case and the court's workload. Simple cases proceed faster, complex cases with a lot of evidence take longer. You will be informed of the hearing date.
What if I miss the 14-day deadline?
If you are too late, you lose the right to appeal. This deadline is binding. Only in exceptional circumstances, such as force majeure, can you, with the help of a lawyer, request restoration, but this is rarely granted.
For legal assistance in Leiden, you can contact the Juridisch Loket Leiden, located at Stationsweg 46. They offer free advice and support in criminal cases and appeals.