What is Revision in Criminal Law in Rotterdam?
Revision is an extraordinary legal remedy that is possible after a decision has become irrevocable. According to article 457 of the Code of Criminal Procedure (CCP), the Supreme Court may revise an irrevocable judgment if new facts or evidence come to light that demonstrate the innocence of the convicted person or the punishability in the case of a prior acquittal. In Rotterdam, with its bustling port and complex criminal cases such as drug smuggling or violent incidents in neighborhoods like Delfshaven, this remedy provides a crucial safety net.
This remedy is strictly regulated to safeguard legal certainty. A request for revision must contain concrete and new evidence, such as a false witness statement from a Rotterdam pub or DNA material from a cold case in the Maasstad that was not available at the time. The procedure begins at the Supreme Court, but local law firms in Rotterdam, such as those around the Coolsingel, specialize in this and assist suspects from the region.
Conditions and Procedure in Rotterdam Context
Important conditions are that the evidence could not have been known earlier and directly affects the judgment. The procedure proceeds in two phases: allowance of the request and a new substantive hearing, often involving the Rotterdam District Court. Successful revisions lead to acquittal, reduction of sentence, or a new sentence measure. Consider the recent revision of a Rotterdam murder case from the 1990s, where new forensic evidence from the port neighborhood led to release.
Revision illustrates that irrevocability is not absolute, but provides a safety net against judicial errors, especially in a city like Rotterdam with high crime pressure. In practice, there are only a few cases each year that lead to revision, including notably some Rotterdam cases.
Consequences of Revision for Rotterdam Convicted Persons
After revision, enforcement may be suspended. Convicted persons from Rotterdam are entitled to compensation if wrongly detained, for example, in the Noordschie penitentiary institution. This mechanism strengthens confidence in the criminal justice system in the port city.
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