Cassation before the Supreme Court
Cassation is the highest legal remedy in criminal cases, regulated under Title III, Book 7 of the Dutch Code of Criminal Procedure (Sv). It does not involve a reassessment of the facts but focuses on violations of the law. A judgment becomes res judicata if the cassation period expires without an appeal.
The Public Prosecution Service (OM) or the defendant may file for cassation within 14 days. The Supreme Court reviews the case on formal grounds, such as incorrect application of the law or improper conduct of proceedings.
Procedure and Judgment
The case is handled in writing; hearings are rare. If the judgment is quashed, the case is referred back to the court of appeal. Affirmation of the judgment renders it res judicata. In 2022, the Supreme Court handled approximately 1,500 criminal cassation cases.
Cassation prevents legal inequality but does not constitute a third instance. It often marks the definitive conclusion of the case.
Strategic Considerations
Lawyers weigh the likelihood of success; only 20% of cassation appeals result in quashing. This stage is crucial for final legal certainty.
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