Appeal in a Criminal Case for Delft Residents
Appeal in a criminal case gives residents of Delft the opportunity to have a judgment from the District Court of The Hague in first instance reviewed by a higher court. This proceeds via the Court of Appeal of The Hague, which examines the entire case anew. It is a crucial remedy for defendants and the Public Prosecution Service (PPS) to correct erroneous decisions, under strict conditions.
Legal Basis for Appeal
Dutch criminal procedure law regulates appeals in the Code of Criminal Procedure (Sv), Articles 67-85. Article 67 Sv allows appeal against criminal judgments, except in cases of acquittal or discontinuation where the PPS does not appeal. Under Article 68 Sv, the sentence must exceed a third-category fine (€450) or more than two months' imprisonment for police judge cases.
Judgments from the police judge or district court in Delft go directly to the Court of Appeal of The Hague. The appeal period is 14 days from the date of judgment (Article 79 Sv); the PPS has the same deadline, with possible extensions in exceptional cases.
When to File an Appeal in Delft?
Consider filing an appeal if you are dissatisfied with the District Court of The Hague's judgment. Possible reasons include:
- Excessively severe sentence.
- Incorrect classification of the offense (e.g., simple theft vs. robbery).
- Weak evidence.
- Procedural errors, such as violations of fair trial rights.
As a Delft resident, file the appeal orally or in writing with the registry of the District Court of The Hague within 14 days, either personally or with the help of a lawyer. The PPS acts independently. Contact the Legal Aid Desk Delft for free advice.
Key Conditions and Exceptions
- Acquittal not appealable by defendant: Only the PPS can appeal (Article 67(2) Sv).
- Interim decisions: No appeal against pro forma cases without a final judgment.
- Conditional discontinuation: No appeal permitted against this.
Procedure at the Court of Appeal of The Hague
The procedure at the Court of Appeal of The Hague resembles first instance but is more thorough. After filing, a hearing follows within months. The oral, public hearing is central, unless decided otherwise.
The court reopens the case in full (de novo): it reviews everything anew, including new evidence, witnesses, and experts. The judgment is issued immediately or in writing later.
Possible Outcomes
| Outcome | Explanation |
|---|---|
| Affirmation | First-instance judgment remains valid. |
| Sentence adjustment | Sentence is increased, reduced, or suspended. |
| Quashing | Remittal or discontinuation. |
| Acquittal | No guilt proven. |
Rights and Obligations in Appeal Proceedings
Rights for defendants from Delft:
- Assistance from a legal aid lawyer.
- Right to plead and submit new evidence.
- Access to the case file (Article 30 Sv).
- No detention during appeal, except pretrial detention.
Obligations:
- Attend hearings, on pain of suspension of defense.
- Pay court fees (€150 for individuals, Article 507a Sv).
The PPS must justify any sentence increase.
Practical Examples from Delft
Example 1: Traffic Offense. Mr. Jansen from Delft receives an €800 fine and 3-month driving ban from the police judge for speeding on the Rotterdamseweg. He appeals within 14 days; the Court of Appeal of The Hague hears an expert and reduces it to €500 and 1 month.
Example 2: Shoplifting. Ms. De Vries is sentenced to 2 months' imprisonment for theft at a shop in central Delft. Her lawyer challenges the footage and calls an expert; the court acquits due to insufficient evidence.
Example 3: PPS Appeal. After a quarrel during the Delftse Markt, the defendant receives a community service order. The PPS appeals; the court imposes 1 month's imprisonment.
Differences: First Instance vs. Appeal
| Element | First Instance (District Court of The Hague) | Appeal (Court of Appeal of The Hague) |
|---|---|---|
| Judge | Police judge / district judge | Court of Appeal |
| Review | Primary | Full rehearing |
| Appeal Period | - | 14 days |
| New Elements | Limited | Permitted |
FAQs for Delft Residents
Can I appeal a €300 fine?
No, only fines over €450 (third category). Smaller ones fall under settlements without judgment. Check our article on settlements in Delft or the Legal Aid Desk Delft.
What if I miss the 14 days?
Appeal is then excluded, unless extraordinary circumstances (Article 79 Sv). Contact the Legal Aid Desk Delft or a lawyer via the District Court of The Hague immediately.