What is an Appeal?
A criminal case is initially handled by the district court. If you disagree with a judge’s ruling, you have the option to appeal the case to the Court of Appeal.
In an appeal, the case will be fully reviewed and assessed. However, the Court of Appeal is the final instance where the facts of the case are established. Issues such as the reliability of witnesses and experts can only be very limitedly reviewed in cassation at the Supreme Court. It is therefore crucial that all possibilities offered by the appeal are utilized.
When Can You Appeal?
If you disagree with the ruling of the first judge, you have the option to file an appeal yourself at the court registry. However, you can also ask a lawyer to file an appeal on your behalf. It is crucial that this is done on time. If you are too late, the Court of Appeal will not hear the appeal and any imposed sentence will be executed.
Within What Timeframe Must You File an Appeal?
If you were present at the hearing yourself, the appeal period is 14 days after the day of the verdict. In special cases, the appeal period only starts after the verdict has been served to you.
What should You Do after Filing an Appeal?
It is possible to have investigations conducted during the appeal, such as hearing witnesses and experts. It is advisable to be assisted by a criminal defense lawyer in this process. It is of great importance that this is made known to the Court of Appeal as soon as possible. Timely submitted investigation requests are assessed based on the defense’s interest. It is then evaluated whether there is an interest from the defense’s perspective to have the requested investigation carried out. This is often the case.
If there is a long delay in submitting investigation requests, these are assessed based on the so-called necessity criterion. Requests are then only granted if the Court of Appeal finds it necessary to still carry out the requested investigation. With this strict criterion, requests are less likely to be granted.
Why is it Wise to Engage a Lawyer for an Appeal?
The Court of Appeal is not bound by the sentences imposed by the district court. The Court of Appeal can impose both lower and higher sentences. It is therefore of great importance that your case is handled by a specialized criminal defense lawyer who can help you make a good assessment of the chances and risks in an appeal.
Can You Still Do Something if You Disagree with the Appeal Verdict?
After the appeal verdict, you generally have 14 days to file for cassation. This postpones the execution of any sentence. Click here for more information about: the cassation procedure at the Supreme Court of the Netherlands.
