Appeal at Rotterdam District Court
Appeal in a criminal case gives residents of Rotterdam the opportunity to have a judgment of the Rotterdam District Court reviewed by a higher court, namely the The Hague Court of Appeal. This remedy allows defendants and the Public Prosecutor's Office (PPO) to correct erroneous decisions under strict conditions. Rotterdammers can get free advice on this procedure from the Rotterdam Legal Aid Desk.
Legal Basis for Appeal
Appeal in Dutch criminal law is governed by the Code of Criminal Procedure (CCP), articles 67 to 85. Article 67 CCP provides that appeal is possible against judgments of the Rotterdam District Court, except in cases of acquittal or discharge from prosecution if the PPO does not appeal. Under article 68 CCP, the sentence must exceed a third-category fine (€450) or more than two months' imprisonment for the police judge.
Judgments from the police judge or sub-district judge in Rotterdam go directly to the The Hague Court of Appeal. The appeal period is 14 days from the pronouncement of the judgment (article 79 CCP); the PPO has the same deadline, sometimes with extension options.
When to Appeal in Rotterdam?
You can appeal if you are dissatisfied with the judgment of the Rotterdam District Court, for example in cases of:
- Excessively harsh sentence.
- Incorrect classification of the offense (e.g., simple theft vs. robbery).
- Weak evidence.
- Procedural errors, such as violations of a fair trial.
As a defendant, you declare appeal orally or in writing within 14 days at the court registry of the Rotterdam District Court, with or without the assistance of a lawyer. The PPO decides independently on appeal.
Key Conditions and Exceptions
- No appeal against acquittal: Only the PPO may appeal (article 67(2) CCP).
- Pro forma decisions: No appeal against interlocutory judgments without a final decision.
- Conditional discontinuation: No appeal possible against this.
The Appeal Procedure
At the The Hague Court of Appeal, the procedure largely follows that of the first instance, with some nuances. After the appeal is filed, a hearing is scheduled, often within months. The oral, public hearing is central.
The court fully reopens the case de novo: complete reassessment, including new evidence, witnesses, or experts. The judgment is issued immediately or later in writing.
Possible Outcomes
| Outcome | Explanation |
|---|---|
| Affirmation | Rotterdam District Court judgment stands. |
| Sentence adjustment | Sentence increased, reduced, or suspended. |
| Quashing | Remitted to Rotterdam District Court or discontinued. |
| Acquittal | No guilt proven. |
Rights and Obligations in Appeal
Rights for defendants from Rotterdam:
- Assistance of a lawyer (legal aid via the Legal Aid Board).
- Make submissions and submit new evidence.
- Access to the case file (article 30 CCP).
- No detention during proceedings, except in custody.
Obligations:
- Attend the hearing, or risk suspension of defense.
- Pay court fees (€150 for individuals, article 507a CCP).
The PPO must provide reasons if increasing the sentence.
Real-Life Examples from Rotterdam
Example 1: Traffic Offense. Mr. Jansen from Rotterdam receives an €800 fine and 3-month driving ban from the police judge for speeding on the A20. He appeals within 14 days; the The Hague Court of Appeal reduces it to €500 and 1 month after witness examination.
Example 2: Theft in the City. Ms. De Vries is sentenced to 2 months' imprisonment for theft in the Markthal. Her lawyer challenges the CCTV footage and calls an expert; the court acquits due to insufficient evidence.
Example 3: PPO Appeal. After a brawl at the station, the defendant receives a community service order. The PPO appeals; the court imposes 1 month's imprisonment.
Differences: First Instance vs. Appeal
| Element | First Instance | Appeal |
|---|---|---|
| Court | Rotterdam District Court | The Hague Court of Appeal |
| Review | Initial | Full rehearing |
| Appeal Period | - | 14 days |
| New Elements | Limited | Allowed |
FAQs for Rotterdammers
Can you appeal a €300 fine?
No, only fines over €450 (third category). Smaller fines are out-of-court settlements without a judge. Consult the Rotterdam Legal Aid Desk or our article on out-of-court settlements.
What if you miss the 14-day deadline?
Appeal is then barred, unless the Rotterdam District Court exceptionally grants leave. Contact the Rotterdam Legal Aid Desk immediately.