Appeal in a Criminal Case in Den Haag
Appeal in a criminal case gives residents of Den Haag the opportunity to submit a judgment of the Den Haag District Court to the Den Haag Court of Appeal for a fresh review. This remedy helps defendants and the Public Prosecution Service (OM) correct erroneous decisions, provided the conditions are met.
Legal Basis for Appeal
Dutch criminal procedure law governs appeals in the Code of Criminal Procedure (Sv), Articles 67 to 85. Article 67 Sv permits appeals against judgments, except for acquittals or discharges from prosecution unless the OM appeals. Article 68 Sv requires a sentence exceeding a third-category fine (€450) or more than two months' imprisonment for police judge cases.
Judgments from the police judge or subdistrict judge in Den Haag go directly to the Den Haag Court of Appeal. The appeal deadline is 14 days after pronouncement (Article 79 Sv); the OM has the same timeframe, sometimes with extensions.
When to File an Appeal in Den Haag?
File an appeal if you disagree with the Den Haag District Court. Common reasons include:
- Excessively harsh sentence.
- Incorrect classification of the offense (e.g., simple theft vs. robbery).
- Weak evidence base.
- Procedural errors, such as an unfair hearing.
Defendants must declare appeal orally or in writing within 14 days at the registry of the Den Haag District Court, with or without a lawyer. The OM decides independently. Contact the Juridisch Loket Den Haag for free advice.
Key Conditions and Exceptions
- No appeal against acquittal: Only the OM may appeal (Article 67(2) Sv).
- Pro forma decisions: No appeal against interim judgments.
- Conditional dismissal: No appeal possible.
Appeal Procedure at the Den Haag Court of Appeal
The Den Haag Court of Appeal follows a procedure similar to the Den Haag District Court but fully reopens the case. A hearing is scheduled within months after filing. The oral, public hearing allows new evidence, witnesses, and experts. The judgment is delivered immediately or at a later date.
Possible Outcomes
| Outcome | Explanation |
|---|---|
| Affirmation | First-instance judgment upheld. |
| Sentence adjustment | Sentence reduced or increased. |
| Quashing | Remitted to Den Haag District Court or dismissed. |
| Acquittal | No guilt proven. |
Rights and Obligations in Appeal
Defendant's rights:
- Legal aid lawyer (pro deo via Juridisch Loket Den Haag).
- Right to plead and introduce new evidence.
- Access to case file (Article 30 Sv).
- No detention unless pre-trial detention.
Obligations:
- Attend hearing, or risk default judgment.
- Pay court fees (€150 for individuals, Article 507a Sv).
The OM must justify any sentence increase.
Practical Examples from Den Haag
Example 1: Traffic Offense. Mr. Jansen receives a €800 fine and 3-month driving ban from the Den Haag police judge for speeding on Den Haag roads. Appeal filed within 14 days at the Den Haag Court of Appeal: witness heard, fine reduced to €500, ban to 1 month.
Example 2: Theft. Ms. De Vries gets 2 months' imprisonment for theft in a Den Haag store. Lawyer challenges video evidence and calls expert; court acquits due to insufficient proof.
Example 3: OM Appeal. In a brawl in Schilderswijk, community service imposed; OM demands prison, court sets 1 month imprisonment.
Comparison: First Instance vs. Appeal in Den Haag
| Aspect | First Instance | Appeal |
|---|---|---|
| Court | Den Haag District Court / police judge | Den Haag Court of Appeal |
| Hearing | Initial | Full reopening |
| Deadline | - | 14 days |
| New evidence | Limited | Allowed |
Frequently Asked Questions
Can you appeal a €300 fine in Den Haag?
No, only fines above €450 (third category). Lower fines are transactions without a judge. See article on criminal transaction. Seek advice from Juridisch Loket Den Haag.
What if you miss the 14-day deadline?
Appeal is then barred, unless the Den Haag District Court grants leniency under Article 80 Sv. Contact Juridisch Loket Den Haag immediately.