Cassation before the Supreme Court for Residents of Delft
In Delft, where the District Court of The Hague (Rotterdam branch) handles many criminal cases for local residents, cassation is the highest legal remedy, regulated under Title III, Book 7 of the Dutch Code of Criminal Procedure (Sv). It does not involve a reassessment of the facts but focuses on violations of the law, such as in drug-related offences in Delft or fraud cases linked to TU Delft research. A judgment from the regional court becomes res judicata if the cassation period expires without an appeal.
Either the Public Prosecution Service (OM) or the defendant from Delft may lodge a cassation appeal within 14 days. The Supreme Court reviews the case on formal grounds, such as incorrect application of the law or improper conduct of proceedings, relevant for cases originating from Delft’s city centre or university district.
Procedure and Judgment
The case is handled in writing; hearings are rare, even for complex Delft traffic or environmental cases. If the Supreme Court quashes the judgment, the case is referred back to the Court of Appeal in The Hague. If the judgment is upheld, it becomes res judicata. In 2022, the Supreme Court handled approximately 1,500 criminal cassation cases, including a few from the Delft region.
Cassation prevents legal inequality in Delft but does not constitute a third instance. It often marks the definitive conclusion, which is crucial for local entrepreneurs or students.
Strategic Considerations for Residents of Delft
Lawyers in Delft weigh the likelihood of success; only 20% of cassation appeals result in the judgment being quashed. This stage is essential for final legal certainty in the region, with attention to local case law.
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