What is a Review?
If you have been irrevocably convicted by a judge, in some cases it may be possible to reopen your case. The case will then be reassessed by a judge. This is called a review or revision. Review by the Supreme Court is rare, and the requirements for a review request are high. Nevertheless, our firm has had success in review cases.
Who Can Request a Review?
Both the Public Prosecution Service and the convicted person can request a review of a criminal case. When the Public Prosecution Service requests a review, it is called a review to the detriment. A review initiated by the convicted person is called a review to the benefit. Both variants are discussed below.
For which Rulings Can You Request a Review?
A review can only be requested if you have been convicted by a Dutch judge in a criminal case. Moreover, the ruling must be final. If there is still a possibility to appeal, a review is not possible.
What are Reasons for a Review?
A review of a criminal case can take place for 3 reasons. First, a review is possible if 2 convictions cannot be consistent with each other. This is the case, for example, if the judge has convicted person A of a crime and person B has been convicted of the same crime. A review can also take place if the European Court of Human Rights has determined that a human right has been violated. The most common reason for a review is that a new fact has become known after the hearing. This is called a novum. That novum must be so important that there is great doubt whether the conviction was justified. Examples of a novum are new insights from experts, new DNA research and a witness giving a new statement.
Who Can a Review be Requested from?
A request for review of the criminal case must be submitted to the Supreme Court of the Netherlands. If you have been convicted of a serious offense punishable by 12 years or more in prison, additional investigation can first be requested.
What Happens if a Review Takes Place?
If the Supreme Court decides that your criminal case should be reopened, the Supreme Court refers the case to a judge who will fully reassess the case. This judge can acquit you but can also decide that the previous conviction is upheld.
Do I Need a Criminal Defense Lawyer for a Review Request?
It is not possible to request a review from the Supreme Court yourself. For that, you need the help of a lawyer. The lawyers of Weening criminal defense lawyers can study your criminal case and assess whether a request for review is likely to succeed.
For which Rulings Can the Public Prosecution Service Request a Review?
Stricter requirements are set for a review to the detriment than for a review requested by the convicted person. There must be evidence that the acquittal was likely unjustified. The Public Prosecution Service can request a review in two cases.
The first reason for review is that a new fact (novum) has become known after the hearing. Not every new fact can lead to a review to the detriment. Only if there is a credible confession from the suspect or a co-suspect, or if there is new technical evidence, can the case be reopened. Moreover, in this case, it must concern a crime where the death of another was intentionally caused.
In addition, there are 4 other reasons on which a review can take place:
- The conviction is based on a forged document.
- The conviction is based on a lie from a witness or an expert.
- No conviction has taken place because the suspect has been guilty of bribery, threats, or coercion.
- No conviction has taken place because the judge was bribed.
A review based on one of these 4 reasons can be requested for all offenses and crimes.
What are Reasons for a Review to the Detriment?
Stricter requirements are set for a review to the detriment than for a review requested by the convicted person. There must be evidence that the acquittal was likely unjustified. The Public Prosecution Service can request a review in two cases.
The first reason for review is that a new fact (novum) has become known after the hearing. Not every new fact can lead to a review to the detriment. Only if there is a credible confession from the suspect or a co-suspect, or if there is new technical evidence, can the case be reopened. Moreover, in this case, it must concern a crime where the death of another was intentionally caused.
In addition, there are 4 other reasons on which a review can take place:
- The conviction is based on a forged document.
- The conviction is based on a lie from a witness or an expert.
- No conviction has taken place because the suspect has been guilty of bribery, threats, or coercion.
- No conviction has taken place because the judge was bribed.
A review based on one of these 4 reasons can be requested for all offenses and crimes.
Can a Criminal Defense Lawyer Assist Me in a Review to the Detriment?
The lawyers of Weening criminal defense lawyers are happy to assist you with their expertise in case of a review to the detriment. Under certain circumstances, this can be based on financed legal aid.
