If you disagree with a judgment of the District Court of The Hague, you can lodge an appeal with the Court of Appeal. The case will then be fully reassessed. What does this entail and what steps must you take in the Westland region?
When can you lodge an appeal?
An appeal is an option against judgments of the District Court of The Hague in criminal cases. This offers a new opportunity to present your case.
Who may lodge an appeal?
- The defendant themselves
- The Public Prosecution Service (OM)
- Both parties simultaneously (cross-appeal)
Deadline for appeal
You have 14 days after the judgment to lodge an appeal with the registry of the District Court of The Hague.
How is the deadline calculated?
- The deadline starts the day after the judgment
- For defendants who were not present: after official service
- Note: this deadline is strict and not extendable
Procedure at the Court of Appeal
Your case will be reheard by a panel of three judges (councillors) at the Court of Appeal.
Steps in the procedure
- Lodge appeal
- Submit written grounds of appeal via a notice of appeal
- Hearing at the court
- Submissions by the advocate-general
- Response by the defence
- Judgment (arrest)
Advantages of appeal
- A new chance of acquittal
- Possibility of sentence reduction
- Introduction of new evidence
- Fresh perspective from different judges
Risks of appeal
- The OM can also lodge an appeal, which may lead to a higher sentence
- The procedure often takes a long time (from months to years)
- Costs for legal assistance
- Uncertainty persists longer
Withdrawal of appeal
You can withdraw your appeal before the hearing. After the start of the proceedings, permission from the court is required.
After the judgment of the court
If you disagree with the arrest, you can still apply for cassation to the Supreme Court.
Frequently asked questions about appeals in Westland
What should I do if I am suspected of a crime?
You have the right to a lawyer, the right to remain silent and the police must inform you of your rights. Being a suspect does not mean you are guilty.
How long can I be held in pre-trial detention?
Without trial, a maximum of 10 days. Thereafter, a judge must approve an extension. Pre-trial detention has a maximum duration.
What distinguishes a crime from an offence?
A crime is more serious and can lead to imprisonment. An offence is often settled with a fine.
Do I always have the right to a lawyer?
Yes, legal assistance is your right. If you cannot afford it, the Juridisch Loket Westland can help you with free advice.
Is an appeal possible for me?
Yes, you can appeal against a judgment of the District Court of The Hague to the Court of Appeal.
Practical questions about the procedure
How do I lodge an appeal?
You must submit a written request to the registry of the District Court of The Hague within 14 days after the judgment. This can be done via a lawyer or, in simple cases, yourself. Clearly state that it concerns an appeal and against which judgment. You will receive confirmation and later a summons for the hearing at the court.
What are grounds of appeal and are they mandatory?
Grounds of appeal are your objections to the judgment. These must be submitted no later than four weeks before the hearing via a notice of appeal, in which you explain why you disagree, for example with the sentence severity or the evidence. A lawyer can assist with this. Without grounds of appeal, your appeal may be dismissed.
Can my sentence be increased on appeal?
Yes, that risk exists. If the OM also appeals, a higher sentence may be demanded. The court reassesses the case and may judge more severely. Always discuss this with your lawyer.
What is the average duration of an appeal?
The procedure usually takes 6 months to 2 years, depending on the complexity and the court's schedule. Simple cases proceed faster, complex cases with a lot of evidence take longer. You will be informed in good time about the hearing date.
What if I miss the 14-day deadline?
If you are too late, your right to appeal lapses. This deadline is strict. Only in exceptional circumstances, such as force majeure, can you, with the help of a lawyer, request restoration, but this is rarely granted.
May I submit new evidence on appeal?
Yes, you can present new evidence, such as witnesses, reports or documents that were not previously available. This can strengthen your case.