Novum Revision for Rotterdam Criminal Cases

Novum Revision for Rotterdam Criminal Cases

A novum revision gives Rotterdam residents a final chance to challenge an irrevocable judgment from the Rotterdam District Court or the Rotterdam Court of Appeal. This occurs through new evidence – the novum – that was unknown at the time and undermines the conviction. It may result in acquittal, a reduced sentence, or a retrial, making it ideal for wrongly convicted Rotterdam residents.

Legal Basis for Novum Revision

This extraordinary remedy 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 applies to a novum that became known after the trial at the Rotterdam District Court and which the convicted person demonstrates would have altered the judgment.

The Supreme Court decides on requests (art. 458 Sv), following a final judgment. Other grounds include forgery (art. 457(2) Sv) or prosecutorial errors (art. 457(3) Sv), but novums are the most common in Rotterdam cases.

When Does Evidence Qualify as a Novum?

The Supreme Court sets strict requirements for a valid novum:

• New and undiscovered: Unknown during the trial at the Rotterdam District Court and not reasonably discoverable earlier.
• Convincing: Evidence such as expert reports must show the judge would have ruled differently.
• Fundamental: It must raise serious doubt, e.g., 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 material. Defense errors, such as a lawyer missing a witness, do not qualify.

Overview of Revision Grounds

Steps in the Novum Revision Procedure

For Rotterdam residents, the process unfolds as follows:

1. Request to Supreme Court: Submit with proof of the novum (art. 459 Sv), typically after a Rotterdam District Court judgment.
2. Advocate General's Advice: Reviewed within six months.
3. Supreme Court Ruling: If granted, proceeds to the Rotterdam Court of Appeal (art. 468 Sv).
4. Appeal Hearing: Possible acquittal or new judgment.
5. Possible Cassation: Further appeal option.

The process takes 1-3 years; seek help from a lawyer via the Juridisch Loket Rotterdam.

Real-World Examples

In the famous Posthumus case, DNA evidence led to revision and acquittal. In the Ina Post case (2018), posthumous DNA exonerated her after years in prison. Hypothetical Rotterdam scenario: A dockworker from Rotterdam-South is convicted based on a witness statement. Later, another person confesses and their DNA matches the evidence – a strong novum for revision.

Rights and Obligations

Rights for Rotterdam Residents:

• Access to case file (art. 460 Sv).
• Legal aid lawyer via the Municipality of Rotterdam or Juridisch Loket.
• No time limit for filing.

Obligations:

• Provide complete evidence.
• No abuse of process; otherwise rejection.
• Attend hearings.

Frequently Asked Questions