Review is an extraordinary legal remedy to have a final conviction reassessed. It is applied when new information or facts suggest that there has been a judicial error.
What does review entail?
Review (articles 457-481 of the Code of Criminal Procedure) provides the possibility to challenge an irrevocable criminal judgment. This remedy is specifically intended for situations in which it subsequently becomes clear that the conviction may have been unjustified.
Conditions for review
A review request can only be filed under the following conditions:
- Novum - A new fact or circumstance that was unknown to the judge during the original case
- This novum must strongly suggest that the judgment would have been different
Examples of new facts
- Advanced DNA analysis proving innocence
- A witness who later admits to having told untruths
- The discovery of the real perpetrator
- Recent scientific developments
Steps in the review procedure
- Filing a request with the Supreme Court
- Investigation by the Procurator General into the application
- Possibly additional investigation by the Advisory Committee on Closed Criminal Cases (ACAS)
- Decision by the Supreme Court on the merits of the request
- If granted: referral to another court of appeal for reassessment
Who may file a review request?
- The convicted person (via a lawyer)
- The Procurator General at the Supreme Court
- In case of death: specific next of kin
Known cases surrounding review
In the Netherlands, cases such as the Schiedam Park Murder and the Putten Murder Case are well-known examples where wrongly convicted individuals were acquitted after a long time.
Frequently asked questions about review
When can I file a review request?
A review request is possible if new facts or circumstances (novum) become known that the judge did not know at the time. These must demonstrate that the conviction was probably erroneous. Think of new DNA evidence or a confession by another perpetrator. The request must be filed via a lawyer with the Supreme Court.
How long does a review procedure take?
The duration of a review procedure varies from a few months to several years, depending on the case and the required investigation. After assessment by the Procurator General, additional investigation by ACAS may follow, after which the Supreme Court decides. If granted, the case is retried by another court of appeal.
What if I have passed away, is review still possible?
Yes, after death, certain family members, such as a partner or children, can file a review request via a lawyer. This is often done to clear the name of the deceased or to claim compensation.
What does a review request cost?
The costs for a review request can be high, especially due to lawyer fees. If you are financially limited, you can claim subsidized legal aid. Additional costs, such as for forensic investigation, may also arise. Always discuss this with your lawyer.
What happens if my request is granted?
If the Supreme Court approves the request, the case is submitted to another court of appeal for a new hearing. This court reassesses the case with the new information. This can lead to acquittal, sentence reduction, or compensation.