Novum Revision in Westland

Novum Revision in Westland

For residents of Westland, a novum revision is a crucial option in criminal law. This involves reopening a closed criminal case due to a new fact – the novum – that was previously unknown. It can lead to acquittal, a reduced sentence, or a retrial, especially relevant if you were wrongfully convicted by the Westland District Court. This extraordinary procedure serves as the ultimate remedy and applies only in cases of serious doubt about the judgment.

Legal Basis for Novum Revision

Revision of criminal cases, including novum revision, falls under Title X of the Code of Criminal Procedure (Sv), articles 457-479 Sv. Article 457(1) Sv is central: revision is possible "due to a novum, a circumstance unknown to the court during the trial, discovered later, and which the convicted person demonstrates would have changed the judgment."

The Supreme Court assesses requests (art. 458 Sv), an extraordinary route after a final judgment from the Westland District Court or higher. Other grounds include forgery of documents (art. 457(2) Sv) or prosecutorial incompetence (art. 457(3) Sv), but novum is the most commonly used.

What Qualifies as a Novum in Westland?

Not all new facts qualify as a novum. The Supreme Court applies strict criteria:

• New and undiscovered: The fact must have been unknown and not investigable during your case at the Westland District Court.
• Compelling: You must prove it would overturn the judgment, often with expert reports or witness statements.
• Fundamental: It must seriously challenge guilt or sentence severity, such as DNA implicating another person or a false statement.

Typical novums include a DNA match with someone else, a perpetrator's confession, or new forensic evidence. Your own oversights, like a missed witness due to your lawyer, do not count.

Overview of Revision Grounds

Novum Revision Procedure for Westland Residents

The steps are structured:

1. Submit request: You or a family member files a request with the Supreme Court (art. 459 Sv), detailing the novum and evidence. Start at Juridisch Loket Westland for free advice.
2. Procurator General's advice: The Procurator General advises within six months.
3. Supreme Court decision: If granted, it refers the case to the court of appeal (art. 468 Sv) for retrial.
4. Court of appeal procedure: The court decides on acquittal, suspension, or new judgment.
5. Possible appeal in cassation: You can appeal court of appeal decisions to the Supreme Court.

The process typically takes 1-3 years. Seek assistance via Juridisch Loket Westland or a pro bono lawyer; otherwise, costs are at your expense.

Examples of Novum Revision

In the well-known Posthumus case (1997), DNA evidence led to revision and acquittal. In the Ina Post case (2018), posthumous DNA evidence resulted in acquittal after years of detention.

Local fictional example: A Westland resident from 's-Gravenzande, convicted of burglary based on witness X at the Westland District Court, later discovers DNA from suspect Y at the scene plus Y's confession. This novum could open the door to revision.

Rights and Obligations

Rights:

• Access to case file (art. 460 Sv).
• Legal aid, pro bono via Westland Municipality for low income.
• No statute of limitations.

Obligations:

• Fully prove the novum.
• No abuse; otherwise rejection.
• Attend special hearings.

Frequently Asked Questions for Westland