A cassation appeal (cassatie) brings a ruling, usually of a court of appeal, before the Dutch Supreme Court (Hoge Raad). The Supreme Court does not reassess the facts. It only reviews whether the law was applied correctly and whether the ruling is adequately reasoned (Article 79 of the Judiciary Organisation Act, Wet RO). In criminal cases, the rules are in Articles 427 to 448 of the Code of Criminal Procedure (Sv).
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What does the Supreme Court review?
The Supreme Court relies on the facts established by the court of appeal. New witnesses or evidence cannot be introduced. A complaint must concern a legal error, such as a wrong interpretation of a statutory provision, or reasoning that is incomprehensible.
Which deadlines apply in criminal cases?
A cassation appeal must be lodged within fourteen days of the final judgment of the court of appeal (Article 432 Sv). The defence lawyer must then file written grounds of appeal within two months of notification by the Supreme Court registry (Article 437 Sv). The suspect cannot file these grounds personally. Without timely grounds, the appeal is declared inadmissible.
How does the procedure work?
An advocate general at the Supreme Court gives an independent advisory opinion (conclusie), to which the lawyer may respond. The Supreme Court then dismisses the appeal, or quashes the ruling and refers the case back or decides it itself. Complaints that do not merit a full answer can be dealt with briefly (Article 81 RO) or declared inadmissible (Article 80a RO). In civil cases, the deadline for cassation is three months (Article 402 of the Code of Civil Procedure).
Related terms
See also appeal in criminal cases, procedural defects and evidence in criminal cases.
Our firm represents clients before the Supreme Court in criminal cases. Our criminal defence lawyers assess whether a judgment offers grounds for cassation. Book a free introductory meeting to discuss your case.
