An appeal in criminal cases is the hearing of the matter at second instance by the court of appeal. The court reconsiders the case and does so independently: the district court’s judgment is quashed and replaced by its own.
Legal basis
Article 404 of the Dutch Code of Criminal Procedure determines which decisions may be appealed; appeal is excluded for minor offences punished only with a small fine. Article 408 sets the period: fourteen days after judgment where the defendant was present or the summons was served in person, and otherwise fourteen days after circumstances show that the defendant knows of the judgment. The appeal is lodged by a deed at the registry. Article 410 requires a statement of grounds within fourteen days; without it the court may declare the appeal inadmissible under Article 416 where no objections to the judgment have been stated.
How it works in practice
The court of appeal rehears the case in full, but in practice the examination focuses on the points raised in the statement of grounds. New investigative requests, such as hearing witnesses or an expert, must be made in good time; late requests are assessed against a stricter test. The prosecution service may also appeal, which opens the possibility of a heavier sentence.
Where it goes wrong
The fourteen-day period is missed, particularly after a judgment in absentia. A second error is omitting the statement of grounds, so that investigative requests face a heavier test. Third, it is underestimated that an appeal carries the risk of a higher sentence where the prosecution appeals as well.
Related terms
An appeal follows the summons and the hearing, and connects to procedural defects and the suspended sentence.
Considering an appeal? Our criminal lawyers assess the prospects within the fourteen-day period.
