Novum Revision for Residents of Delft
For residents of Delft, a novum revision offers a unique opportunity in criminal law to reopen a final judgment based on a new fact – the novum – that was previously unknown. This can lead to acquittal, a reduced sentence, or a retrial. It serves as the ultimate remedy for those innocently convicted in Delft, provided the novum fundamentally undermines the issue of guilt. Live in Delft and considering a petition? Start at the Juridisch Loket Delft for free advice.
Legal Basis for Novum Revision
Revision of criminal cases, including novum revision, is governed by Title X of the Code of Criminal Procedure (Sv), articles 457-479 Sv. Article 457(1) Sv is central: revision applies to a novum that came to light after the trial and which the convicted person shows would have prevented the judgment.
The Supreme Court decides on petitions (art. 458 Sv), including cases from the Delft region heard at the Rechtbank Den Haag. This is an extraordinary remedy after a final judgment. Other grounds include forgery (art. 457(2) Sv) or prosecutorial errors (art. 457(3) Sv), but novum is paramount.
What Qualifies as a Novum?
A novum must meet strict Supreme Court criteria:
- New and undiscovered: Unknown during the Delft or Hague proceedings and not previously discoverable.
- Convincing: Evidence that would have led the judge to a different ruling, often through regional experts or witnesses.
- Fundamental: Raises serious doubt, such as DNA implicating another person or a false statement.
Typical novums include DNA from a third party, a perpetrator's confession, or new forensic evidence. Oversights like a missed witness in Delft do not qualify.
Overview of Revision Grounds
| Ground | Statute | Example | Chance of Success |
|---|---|---|---|
| Novum | Art. 457(1) Sv | New DNA from Delft case | High with solid evidence |
| Forgery | Art. 457(2) Sv | Forged police report from Rechtbank Den Haag | Moderate |
| Prosecution inadmissible | Art. 457(3) Sv | Right to silence violated | Low |
Steps in the Novum Revision Procedure
The process for Delft residents proceeds as follows:
- Petition to Supreme Court: File with details and evidence (art. 459 Sv). The Juridisch Loket Delft assists with drafting.
- Advocate-General's advice: Procureur-Generaal reports within six months.
- Supreme Court ruling: If granted, referral to Court of Appeal (art. 468 Sv).
- Court of Appeal rehearing: Possible acquittal or new judgment, relevant for Rechtbank Den Haag cases.
- Possible appeal in cassation: Against the Court of Appeal decision.
Expect 1-3 years; legal aid via Gemeente Delft or pro bono is essential. Costs are at your own expense, except for subsidized assistance.
Case Examples of Novum Revision
In the Posthumus case (1997), DNA evidence exonerated the convicted. More recently, in the Ina Post case (2018), DNA led to exoneration after years in prison. Local example: Imagine a Delft resident convicted of burglary at TU Delft based on witness testimony. Later, a local confesses and DNA matches – a compelling novum for revision.
Rights and Obligations
Rights:
- Full access to case file (art. 460 Sv).
- Legal counsel, pro bono via Juridisch Loket Delft.
- No filing deadline.
Obligations:
- Substantiate the novum robustly.
- No abuse of process; weak claims are rejected.
- Attend special hearings.
Frequently Asked Questions
Can I start a novum revision in Delft myself?
Yes, but not recommended. The Supreme Court requires a airtight petition. Visit the Juridisch Loket Delft or a criminal lawyer for better odds. See also our article on revision of criminal cases.
Is a novum ever too late for Delft residents?
No fixed deadline, but delays must be justified. Novums that could have been discovered earlier are rejected.
Compensation for successful revision?
If innocent: apply for declaration of innocence (art. 479a Sv), then claim under the Innocence Compensation Act from the State. Amounts up to hundreds of thousands.