Article 408 of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) sets the deadline for lodging an appeal (hoger beroep) against a criminal judgment of the district court. The appeal must be lodged within 14 days. Depending on whether you knew of the hearing, it runs from the judgment or from when you learn of it.
Table of contents
When does the 14-day period start on the day of judgment?
Under the first paragraph, the period runs from the final judgment (einduitspraak) if:
- the summons or notice of the hearing was served on you in person;
- you appeared at the hearing;
- other circumstances show you knew the hearing date in advance; or
- after your objection (verzet) to a penal order, the summons was validly served within six weeks, and no unconditional custodial sentence of more than six months was imposed.
When does the period start later?
In all other cases, the 14 days run from the moment circumstances show that you know of the judgment (second paragraph). Examples are a payment letter from the Central Judicial Collection Agency (CJIB) or an arrest to enforce the sentence.
How do you lodge an appeal?
By a declaration at the registry of the district court that gave the judgment, in person or through a lawyer authorised for this. The case then goes to the court of appeal (gerechtshof). A late appeal is declared inadmissible (niet-ontvankelijk), and the judgment stands.
Frequently asked questions
What is the last day if judgment was given on 15 March?
If the period runs from the judgment, the appeal must be lodged by 29 March.
Can the prosecutor appeal too?
Yes. The Public Prosecution Service also has 14 days to appeal.
Related terms
- Appeal in criminal cases
- Cassation appeal
- Missing a deadline
- Article 257e Code of Criminal Procedure (objection to a penal order)
For help with an appeal in a criminal case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
