Appeal in a Criminal Case in Westland
Appeal in a criminal case gives residents of Westland the opportunity to have a judgment from the Westland District Court reviewed by a court of appeal. This remedy helps defendants and the Public Prosecution Service (PPS) correct erroneous decisions, provided the conditions are met. Contact Juridisch Loket Westland for free advice on your options.
Legal Basis for Appeals in Westland
Dutch criminal law governs appeals under the Code of Criminal Procedure (Sv), Articles 67 to 85. Article 67 Sv permits appeals against judgments of the Westland District Court, except in acquittals without a PPS appeal. Under Article 68 Sv, the sentence must exceed a third-category fine (€450) or more than two months' imprisonment before a police judge.
Judgments from the sub-district court or police judge in Westland go directly to the court of appeal. The deadline is strict: 14 days after the ruling (Article 79 Sv). The PPS has the same period, which may be extended.
When to File an Appeal in Westland?
Residents of Westland can file an appeal if they disagree with the Westland District Court judgment, for example, regarding:
- The severity of the sentence.
- The classification of facts (e.g., theft vs. robbery).
- Evidence.
- Procedural errors, such as unfair interrogation.
As a defendant, you must declare your intent within 14 days at the registry of the Westland District Court, orally or in writing, possibly through your lawyer. The PPS decides independently.
Conditions and Exceptions
- No appeal against acquittal: Only the PPS can appeal (Article 67(2) Sv).
- Interim decisions: No appeal against pro forma rulings.
- Conditional dismissal: Not subject to appeal.
Appeal Procedure from Westland
At the court of appeal, the procedure is similar to that at the Westland District Court but with nuances. After filing, a hearing is scheduled within months. The case is fully reheard (de novo), including new witnesses or experts. The judgment is issued immediately or later in writing.
Possible Outcomes
| Outcome | Description |
|---|---|
| Affirmation | Original judgment stands. |
| Sentence Modification | Sentence increased or reduced. |
| Quashing | Remitted to Westland District Court or dismissed. |
| Acquittal | No guilt proven. |
Rights and Obligations in Westland
Defendant's Rights:
- Legal aid lawyer (pro bono via Westland Municipality).
- Right to plead and submit new evidence.
- Access to case file (Article 30 Sv).
- No detention, except remand in custody.
Obligations:
- Attend the hearing.
- Pay court fees (€150, Article 507a Sv).
The PPS must justify any increase. Consult Juridisch Loket Westland for assistance.
Practical Examples from Westland
Example 1: Traffic Offense. Mr. Jansen from Naaldwijk receives an €800 fine and 3-month driving ban from the police judge for speeding on the Westlandse N213. Appeal filed within 14 days at Westland District Court: court of appeal reduces to €500 and 1 month after witness testimony.
Example 2: Theft. Ms. De Vries from Monster is sentenced to 2 months' imprisonment for theft at a garden center. Lawyer challenges footage on appeal; court of appeal acquits due to insufficient evidence.
Example 3: PPS Appeal. After a fight at a Westland party, defendant receives community service. PPS appeals for increase; court of appeal imposes 1 month's imprisonment.
Differences: First Instance vs. Appeal
| Aspect | First Instance (Westland) | Appeal |
|---|---|---|
| Judge | Westland District Court | Court of Appeal |
| Hearing | Initial | Full rehearing |
| Deadline | - | 14 days |
| New Evidence | Limited | Allowed |
FAQs for Westland
Can you appeal a €300 fine?
No, only fines above €450 (third category). Lower fines are transactions without a judgment. See article on transactions.
What if you miss the 14-day deadline?
Appeal is then barred, unless exceptional circumstances via Juridisch Loket Westland. Act quickly!