Novum Revision for Residents of The Hague
A novum revision offers residents of Den Haag a unique opportunity in criminal law to reopen a closed criminal case based on new evidence – the novum. This can result in acquittal, a reduced sentence, or a retrial at the District Court of Den Haag. It is the last resort for those wrongfully convicted in the region, but only if the novum fundamentally undermines the original judgment.
Legal Basis for Novum Revision in Den Haag
Revision of criminal cases, including novum revision, is governed by Title X of the Code of Criminal Procedure (Sv), articles 457-479 Sv. The key provision is article 457(1) Sv: revision is possible if a novum emerges – a fact unknown during the proceedings at the District Court of Den Haag, which comes to light later and which the convicted person demonstrates would have led to a different verdict.
The Supreme Court decides on requests (art. 458 Sv), an extraordinary remedy after final judgments from courts such as Den Haag. Other grounds include forgery (art. 457(2) Sv) or prosecutorial errors (art. 457(3) Sv), but novums are the most common in practice.
What Qualifies as a Novum for Den Haag?
Not every new development qualifies as a novum. The Supreme Court applies strict criteria:
- New and undiscovered: The fact was unknown to the District Court of Den Haag and could not have been discovered during the trial.
- Material: Evidence that would overturn the judgment, supported by experts or witnesses from the region.
- Significant: It raises serious doubt, such as DNA implicating another person or a false statement.
Typical novums include a DNA match with a third party, a perpetrator's confession, or new forensic evidence. Oversights by one's own lawyer, such as a missed witness, do not count.
Overview of Revision Grounds
| Ground | Statute | Example | Success Rate |
|---|---|---|---|
| Novum | Art. 457(1) Sv | New DNA from Den Haag case | High with solid evidence |
| Forgery | Art. 457(2) Sv | Falsified police report | Moderate |
| Prosecutor inadmissible | Art. 457(3) Sv | Right to silence violated | Low |
Procedure for Novum Revision from Den Haag
The steps are straightforward:
- Request to Supreme Court: Residents of Den Haag submit a request with the novum and supporting evidence (art. 459 Sv). Start at the Juridisch Loket Den Haag for assistance.
- Advocate General's advice: The Advocate General reports within six months.
- Supreme Court ruling: If granted, referral to the Court of Appeal, possibly back to the District Court of Den Haag (art. 468 Sv).
- Court of Appeal hearing: Potential acquittal or new judgment.
- Possible appeal: Challenge the Court of Appeal decision if needed.
Expect 1-3 years; legal aid through the Municipality of Den Haag or pro bono is essential. Costs are at your own expense unless subsidized.
Examples of Novum Revision Relevant to Den Haag
In the Ina Post case (near Den Haag, 2018), posthumous DNA provided a novum, leading to acquittal after 11 years in prison. The Posthumus case (1997) demonstrated DNA exclusion as a powerful novum. Hypothetically: A resident of The Hague convicted of burglary in the Schilderswijk based on witness X; later Y confesses and DNA matches – this justifies revision with compelling evidence.
Rights and Obligations in Novum Revision
Rights for Residents of The Hague:
- Access to case file (art. 460 Sv); request it from the District Court of Den Haag.
- Legal aid, free via Juridisch Loket Den Haag for low-income individuals.
- No filing deadline.
Obligations:
- Thoroughly prove the novum.
- No abuse of process; weak claims are rejected.
- Attend any special hearings.
Frequently Asked Questions about Novum Revision in Den Haag
Can I request a novum without a lawyer?
Technically yes, but not advisable. The Supreme Court requires precision. Visit the Juridisch Loket Den Haag for a free intake and read our article on revision of criminal cases.
Is a novum ever too late?
No fixed time limit, but delays must be justified. If it could have been discovered earlier? Rejection.
Compensation for successful revision?
If innocent: declaration of innocence (art. 479a Sv), then claim under the Innocence Compensation Act. Amounts up to hundreds of thousands possible.