Novum Revision for Residents of Leiden

Novum Revision for Residents of Leiden

For residents of Leiden, a novum revision offers a unique opportunity to reopen a concluded criminal case based on new evidence – the novum. This can lead to acquittal, a reduced sentence, or a new hearing. It is the ultimate remedy for those wrongfully convicted, for example after a ruling by the Leiden District Court, and is only available if the novum fundamentally undermines the prior decision.

Legal Basis for Novum Revision

Revision of criminal cases, including novum procedures, is governed by Title X of the Code of Criminal Procedure (Sv), particularly Articles 457-479 Sv. The key provision is Article 457(1) Sv: revision is possible "due to a novum, a circumstance discovered later that was unknown during the trial and which the convicted person demonstrates would have overturned the judgment."

The Supreme Court of the Netherlands decides on requests (Art. 458 Sv). This extraordinary remedy applies solely to final judgments. Other grounds include forgery of documents (Art. 457(2) Sv) or prosecutorial lack of standing (Art. 457(3) Sv), but novums predominate in practice.

What Qualifies as a Novum?

Not all new facts qualify as a novum. The Supreme Court sets strict requirements:

• New and undiscovered: The fact was unknown during the trial at the Leiden District Court and could not reasonably have been uncovered.
• Compelling: Evidence such as expert reports must show that the judge would have ruled differently.
• Fundamental: It must seriously undermine the question of guilt or sentence severity, such as DNA implicating another person or a retracted witness statement.

Typical novums include DNA pointing to a third party, a confession elsewhere, or advanced forensic evidence. Oversights by one's own lawyer, such as a missed witness, do not count.

Overview of Revision Grounds

Steps in the Novum Revision Procedure

The procedure involves these stages:

1. Submit request: Convicted persons or family file a detailed request with evidence to the Supreme Court (Art. 459 Sv). In Leiden: start with advice from the Leiden Legal Aid Office.
2. Advocate General's advice: The Advocate General issues an opinion within six months.
3. Supreme Court decision: If granted, the Court refers the case to the Court of Appeal (Art. 468 Sv).
4. Appeal hearing: Possible acquittal, sentence adjustment, or suspension.
5. Possible cassation: Appeal against the Court of Appeal's decision is feasible.

The process typically takes 1-3 years and requires a criminal law attorney. Costs are at your own risk, but special assistance via the Leiden Legal Aid Office or pro bono is available.

Case Examples and Local Illustration

The Posthumus case (1997) demonstrated DNA as a powerful novum, leading to acquittal upon revision. In the Ina Post case (2018), new DNA evidence resulted in discharge after years in prison.

Locally in Leiden: Suppose Maria was convicted by the Leiden District Court for burglary in the city center based on witness X. Later, Y confesses to the burglary and his DNA matches the traces. This novum could force reopening, if properly substantiated.

Rights and Obligations

Rights:

• Access to case file (Art. 460 Sv).
• Legal assistance; free via Municipality of Leiden or the office for low-income individuals.
• No filing deadline.

Obligations:

• Provide complete and timely evidence.
• No abuse of process; otherwise rejection.
• Attend hearings.

Frequently Asked Questions