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Review can completely overturn an irrevocable criminal conviction. If a review request is granted, the Supreme Court determines that the criminal case must be completely reevaluated.
What is revision?
Who can request review?
Both the prosecution and the convicted person can request a review of a criminal case. If the prosecution requests a review, it is called a review for the worse. A revision at the initiative of the convicted person is called revision for the benefit of the convicted person. Both variants are discussed below.
What judgments can you request review of?
Only if you have been convicted by a Dutch judge in a criminal case can a review be requested. Moreover, the verdict must be final. If there is still a possibility to appeal, revision is not possible.
What are reasons for review?
A review of a criminal case can take place for 3 reasons. First, review is possible if 2 convictions cannot match 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. Also, if the European Court of Human Rights has determined that a human right has been violated, revision can take place. The most common reason for review is that a new fact has become known after the hearing. This is called a novum. That novum must be so significant that there is considerable doubt as to whether the conviction was justified. Examples of a novum are new insights from experts, new DNA testing and a witness giving new testimony.
To whom can review be requested?
What happens when a review takes place?
Do I need a criminal lawyer for a review request?
Which judgments can the prosecution ask for review of?
There are more stringent requirements for prejudicial review than for a review requested by the convicted person. There must be evidence that the acquittal was probably unjustified. The prosecution can apply for 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 review for prejudice. Only if there is a credible confession by the defendant or a co-accused or if there is new technical evidence can the case be reopened. Moreover, this case must involve a crime in which the death of another was intentionally caused.
In addition, there are 4 other reasons under which review can take place:
- The conviction is based on a forged document.
- The conviction is based on a lie by a witness or expert.
- There was no conviction because the defendant was guilty of bribery, threats or coercion.
- No conviction occurred because the judge was bribed.
Review based on one of these 4 reasons can be requested for all misdemeanors and felonies.
What are reasons for adverse revision?
There are more stringent requirements for prejudicial review than for a review requested by the convicted person. There must be evidence that the acquittal was probably unjustified. The prosecution can apply for 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 review for prejudice. Only if there is a credible confession by the defendant or a co-accused or if there is new technical evidence can the case be reopened. Moreover, this case must involve a crime in which the death of another was intentionally caused.
In addition, there are 4 other reasons under which review can take place:
- The conviction is based on a forged document.
- The conviction is based on a lie by a witness or expert.
- There was no conviction because the defendant was guilty of bribery, threats or coercion.
- No conviction occurred because the judge was bribed.
Review based on one of these 4 reasons can be requested for all misdemeanors and felonies.
Can a criminal lawyer assist me in a prejudicial review?
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