Cassation in a criminal case: what the Supreme Court does and does not assess

Why cassation is different from appeal

In appeal, a criminal case can be reassessed in terms of content. The Supreme Court has a different task: to check whether the law has been applied correctly and whether the procedure has gone well. The legal sufficiency of the motivation may also be discussed. The starting point is the file and the previous judge's finding of facts.

That distinction determines what a useful complaint is. The sentence that you believe a witness was unreliable does not automatically lead to a new witness assessment. A lawyer investigates the legal question behind this, for example whether a decision is motivated in a sufficiently comprehensible manner. Your disappointment about the outcome and a promising cassation complaint are different things.

First determine whether cassation is open

Not every criminal decision has the same appeal route. The type of ruling, the court and any legal restrictions are important. As a general rule, the Supreme Court mentions a period of fourteen days after the final judgment of the court. The precise term and starting time must be checked in your case.

Therefore, send the ruling and information about the treatment immediately to a lawyer. Note whether you were present at previous hearings, how you were informed about the ruling and which documents you received. Don't wait until you have read all the detailed pieces yourself. The choice to file an appeal in a timely manner and the elaboration of complaints each have their own procedural place.

Filing an appeal and processing complaints are two steps

According to the Supreme Court, cassation against a decision of a court of appeal is filed with a statement at the registry of that court. The suspect may do this himself or engage a lawyer or representative. Check the required form and any authorization directly with the registry or lawyer; a general letter to the Supreme Court is not necessarily the right way.

After setting up, a lawyer is required for further steps. He must submit the cassation letter with the complaints. Without a written statement submitted by a lawyer, the appeal will not be considered substantively. So agree who will take care of both the setup and follow-up and have the applicable deadlines confirmed in writing.

Ask for experience with criminal cassation

In criminal cases, any lawyer registered in the Netherlands may act in cassation. This differs from the special admission for civil cassation. Experience with criminal cassation remains a relevant selection point: the analysis revolves around the ruling, the procedural documents and legally formulated complaints.

Ask how the lawyer first assesses the feasibility, what documents are required for this and what you will receive if few leads are found. Discuss costs and assignment before assessment. Subsidized legal assistance may be possible under certain conditions. No court fees are payable in criminal cases at the Supreme Court.

Which parts make the first advice useful?

Have the court's decision, previous decisions, received communications and the most important contact details ready. Also mention who previously handled the case so that the transfer can be discussed. A lawyer benefits more from a location in the file than from a long, unsorted collection of messages.

Make a short list of your objections and refer to a passage or event during the procedure for each point. Write down what you hope to achieve with cassation. The lawyer can then explain which questions require legal investigation and which wishes fall outside this procedure. This demarcation prevents time from being wasted on documents that the Supreme Court cannot reassess.

The treatment is largely conducted through procedural documents

Cassation proceedings are usually not a repeat of the hearing at the court. Complaints are elaborated in writing. The public prosecutor's office at the Supreme Court can issue an independent legal opinion, a conclusion. The public prosecutor's office has a different role in these proceedings than the Public Prosecution Service that previously prosecuted your criminal case.

Ask your lawyer what messages you can expect and at what times a response is possible or necessary. A conclusion is not yet the ruling of the Supreme Court. Even a short or standard motivation does not mean that there was no procedure. Let the meaning of the concrete procedural document be explained before you draw conclusions from it.

A well-founded appeal does not automatically mean an acquittal

The Supreme Court can declare an appeal inadmissible, reject it or annul the contested decision in whole or in part. Sometimes the Supreme Court decides on an aspect itself; sometimes a court has to hear the case again. The decision will determine which parts are still open. Annulment is therefore not a general promise of acquittal or termination of the case.

pre-trial detention also requires separate attention. Do not assume that filing an appeal in cassation means that you will be released. Discuss with the lawyer which custodial decision applies and whether a separate request is necessary. Keep that topic separate from the substantive complaints against the judgment.

A new fact afterwards is another question

Revision is an extraordinary procedure for certain situations after a criminal judgment has become final. It does not replace a missed appeal period and does not offer a general resit for anyone who considers the judgment incorrect. There are own legal grounds for revision.

If information emerges later, keep the original source and discuss the meaning with an attorney. Do not make your own file changes. For the next decision, the overview below helps to keep clear what has already been arranged and where a term still runs.

• Collect ruling and date of announcement.
• Have cassation options and deadline determined immediately.
• Agree who will formally file the appeal.
• Arrange a lawyer for writing and further proceedings.
• Discuss any detention and costs separately.