After the judge’s verdict, both the suspect and the public prosecutor can appeal or lodge an appeal. How does this appeal work? Within what period after the judgment must this happen? When is the appeal filed with the Court of Appeal or the Supreme Court? What is the position of the victim and how can he or she claim compensation? Answers to questions about appeal, appeal to the Court of Appeal, Supreme Court and about compensation for the victim.
Higher Appeal – Appeal
Higher Appeal – Appeal . After the judge has pronounced the sentence (see Criminal Cases & Sentences), both the suspect and the public prosecutor have the right to appeal to a higher court within 14 days. After an appeal of the subdistrict court judge’s decision, the case will be reviewed by the court.
Court of Appeal . After an appeal from a judgment of the police judge, juvenile judge or the multiple chamber of the court (see Judge & Criminal Law), this takes place at the Court of Appeal. The court is also referred to simply as the Court. This appeal can only be made to the court on the basis of an incorrect application of the law and not on the basis of an assessment of the facts.
High Council . If the appeal is made on the basis of (an incorrectly assumed) assessment of the facts, this will end up with the Supreme Court.
Term for Appeal after Judgment
Apple after 14 days. The appeal must be registered within 14 days. Or if someone has been convicted in absentia (absence of the suspect at the sentencing), within 14 days after the verdict has been announced.
Registry . The appeal must be registered with the registry of the judge who pronounced the judgment.
Verdict after 8 days. If no appeal is lodged, the judgment will take effect 8 days after the end of the appeal period. In many cases, the convicted person is asked by the judge at the hearing, after the verdict has been pronounced, whether he or she will refrain from appealing, so that all parties know where they stand. If the convicted person agrees, the sentence will take effect after 8 days. However, the suspect has the express right not to answer this question from the judge and to consider whether or not to appeal after the hearing.
Appeal – Penalty . Locating an appeal does not mean that the imposed sentence cannot yet be executed. This is only the case if the suspect has been convicted in absentia.
Apple Victim
Position of Victim . The position of the victim is hardly discussed in Dutch legislation. Initially, the victim must try himself – possibly with a counselor – to recover. In addition to reporting it to the police, if the name of the perpetrator (then suspect) is known, the victim can request the public prosecutor in writing to prosecute the (alleged) perpetrator.
Prosecutor . The public prosecutor must communicate his position to the victim or inform him or her. If the public prosecutor does not prosecute, the victim can appeal against this negative decision.
Apple Victim . If the public prosecutor rejects the request for prosecution, the victim can appeal to the Court (Court of Appeal). Indi and the public prosecutor decide to prosecute, he or she will inform the victim of the date of the hearing. However, this is not mandatory, which means that the victim – in the absence of such a message – must inform the registry himself.
The victim can present himself as an injured or injured party later in the proceedings. A victim can claim (request) compensation.
Compensation to Victim
Victim Compensation . If the victim has suffered demonstrable and monetary damage or material damage, the victim can request the judge (who will hear the case) in writing to have this damage compensated by the (alleged) perpetrator. The Public Prosecutor will then submit this demand to the judge during the court hearing. However, one condition is that the damage is easily identifiable.
For more complex cases, reference is made to civil law (see below). If it concerns simple demonstrable damage, the judge will impose this as an additional punishment on the perpetrator (see more about various penalties).
However, there are conditions attached to this option:
- Damage can never be recovered twice. For this reason, we always ask whether the damage has already been reimbursed by insurance. If this is the case, the victim can no longer claim compensation from the perpetrator. This right is then transferred to the insurance company
- Both the subdistrict court judge and police judge (see various Judges) have a maximum amount that they can impose, which is up to 5,000
Civil (Civil) Law
Civil rights . If the victim wishes to recover higher damages (than 5,000) from the perpetrator, this must be done through civil law or the civil court. A lawyer is then required (also advisable if the amount is less than 5,000, during the criminal proceedings). The costs of this and the court fees can be (partially) recovered from the other party. If the perpetrator is indeed ordered to pay compensation and costs, the victim is responsible for collecting it (and calling in a bailiff if necessary). However, it should be noted that the damage cannot always be recovered from the perpetrator(s).
Compensation Fund for Violent Crimes
Violent Crime Compensation Fund . The damage cannot always be recovered from the perpetrator(s). It may be because, for example, the perpetrators have not been caught or because nothing can be obtained from them. In these cases there is an option to appeal to the Violent Crime Compensation Fund. If the victim has died as a result of a violent crime, the immediate surviving relatives can also appeal to this fund.
Conditions for Damage Fund ds. However, when appealing to this fund, conditions and maximum amounts of compensation are attached. It is also a requirement that the damage cannot be compensated in any other way and the restriction is that the request for a payment from the compensation fund is made within three years after the event. Requests submitted after this period can still be processed on the condition that the exceeding of the period is the result of circumstances over which the applicant or the victim could not reasonably have done anything (more information about the precise conditions and procedure is available). can be found at www.schadefonds.nl).
read more
- The Public Prosecution Service
- Criminal Judge & Trial
- Criminal Cases & Punishments