What is Cassation?
Cassation is a procedure at the Supreme Court of the Netherlands. The Supreme Court is the highest court in our kingdom. Your case only reaches there after you have gone through all other procedures. In cassation, the Supreme Court only examines whether there are procedural errors and whether the law has been correctly applied.
What is the Difference between Cassation and Appeal?
Cassation is different from the proceedings in the first instance at the district court and appeal at the court of appeal. The district court and the court of appeal are also called the fact-finding judges. They assess the facts and look at whether something did or did not happen. They also consider all circumstances. The Supreme Court is not a fact-finding judge. This means that the Supreme Court will not re-examine your case on its merits. Therefore, you cannot, for example, have new witnesses heard or present new facts to the Supreme Court.
When Can You File for Cassation?
If you have been convicted of a crime in appeal, you can file for cassation. If you have been convicted of a misdemeanor, you can also file for cassation, unless you have been fined less than €250 for this misdemeanor. Finally, the law mentions a large number of decisions where cassation is possible. Our cassation lawyer can tell you in which cases this is possible.
Within What Timeframe should You File for Cassation?
If you disagree with a decision of the court of appeal or the district court, you must generally file for cassation within two weeks after this decision. In some cases, the timeframe for filing cassation deviates from the two-week period. Our cassation lawyer will be happy to provide you with more information about this.
Do You Need a Cassation Lawyer?
You can file for cassation yourself if you disagree with a ruling of the court of appeal or, in certain cases, if you disagree with a decision of the district court. However, to be able to proceed, mandatory legal representation applies. Proceeding in cassation requires in-depth knowledge of law and jurisprudence, as well as legal-technical skills. There are only a few lawyers who specialize in cassation procedures. To contribute to improving the quality of legal assistance in criminal proceedings at the Supreme Court, the Association of Cassation Lawyers in Criminal Cases (VCAS) was established in 2010. Our cassation lawyer is a member of this association. Our cassation lawyer has successfully submitted cassation documents on numerous subjects.
How Does the Cassation Procedure Begin?
After filing for cassation, the Supreme Court will request all documents from the district court or court of appeal. In practice, this will take several months. Once the Supreme Court has received these documents, you will receive a letter from the Supreme Court: the so-called notification. 60 days after receiving this letter, a cassation document must be submitted to the Supreme Court. If this does not happen, your cassation appeal will be declared inadmissible. Your case will then be dismissed by the Supreme Court without any form of review. In the cassation document, the lawyer will further explain the objections to the contested decision. This may include complaints about premeditation, intent, complicity, not hearing witnesses, and insufficient motivation of decisions. Our cassation lawyer has successfully submitted cassation documents on numerous subjects.
After submitting the document, there are two possibilities. The Supreme Court can declare the cassation appeal inadmissible or the Supreme Court can continue the procedure.
In which Cases is your Cassation Appeal Immediately Declared Inadmissible?
Article 80a of the Judiciary Organization Act gives the Supreme Court the possibility to declare a cassation appeal inadmissible without motivation. The Supreme Court can do this if the complaints cannot lead to cassation, when the party filing the appeal has too little interest, or if the district court or court of appeal has decided correctly based on previous Supreme Court rulings.
Examples of cases that are declared inadmissible in cassation are:
- the petitioner does not provide a reason in their cassation appeal that relates to the interpretation of the law or procedural rules.
- the petitioner complains about an interpretation that the Supreme Court has already ruled on.
- the interests are too small, for example a case with a low fine.
- the court of appeal has sufficiently and comprehensibly explained the ruling.
- new facts are presented in the cassation request.
How Does the Procedure Continue if your Cassation Appeal is Declared Admissible?
The other option is that the Advocate General, an independent advisor to the Supreme Court, will write an advice for the Supreme Court. This advice is called a conclusion, and in this conclusion, the Advocate General advises the Supreme Court. Often, this advice is followed by the Supreme Court. However, the Supreme Court is not bound by the advice and can also decide differently.
What Can the Supreme Court Do if it Deviates from the Conclusion?
After the conclusion, the Supreme Court’s ruling follows. Even after the conclusion, the Supreme Court can declare the cassation appeal inadmissible. The Supreme Court can do this with a standard motivation included in Article 81 of the Judiciary Organization Act. This standard motivation means that the complaints in the case in question cannot lead to cassation and that the Supreme Court does not need to motivate that determination other than that no legal questions have been raised that are important for legal unity or legal development. The Supreme Court can also reject the cassation appeal and provide an explanation as to why what has been argued in cassation must be rejected.
What Can the Supreme Court Do if it (Partially) Agrees with the Lawyer’s Document?
The aim of the cassation procedure is for the Supreme Court to annul the previous ruling. In certain cases, the Supreme Court can then settle the case itself. In most cases, however, the Supreme Court will refer the case (back) to the court of appeal. The court of appeal must then review and assess the case again, taking into account the Supreme Court’s ruling.
