What is Revision in Criminal Law in Amsterdam?
Revision is an extraordinary legal remedy that is possible after a decision has become final and binding, including in criminal cases before the Amsterdam District Court. According to article 457 of the Code of Criminal Procedure (CCP), the Supreme Court may revise a final and binding judgment if new facts or evidence come to light that demonstrate the innocence of the convicted person or establish guilt in the case of a prior acquittal. In Amsterdam, with its bustling port and complex urban crime, this is often seen in cases involving drug trafficking or violence in neighborhoods such as the Bijlmer or the City Center.
This remedy is strictly regulated to safeguard legal certainty, especially in a city like Amsterdam where the court at Prins Hendrikkade handles thousands of cases annually. A revision request must contain concrete and new evidence, such as a false witness statement from a bar on the Zeedijk or DNA material from a cold case in North that was not available at the time. The procedure begins at the Supreme Court, which decides whether a revision will take place at the Amsterdam District Court.
Conditions and Procedure in the Amsterdam Context
Key conditions are that the evidence could not have been known earlier and directly affects the judgment, for example in a notorious Amsterdam murder case from the 1990s. The procedure proceeds in two phases: allowance of the request and a new substantive hearing at the Amsterdam District Court. Successful revisions lead to acquittal, reduction of sentence, or a new sentence, with local examples such as the revision in the 'Irish coffee bags' case that recently received attention.
Revision illustrates that finality is not absolute, but provides a safety net against judicial errors in the dynamic Amsterdam criminal justice system. In practice, there are only a few cases per year in North Holland that lead to revision, emphasizing its exceptional nature.
Consequences of Revision for Amsterdammers
After revision, enforcement may be suspended, relevant for detainees in the Bijlmerbajes (now Judicial Complex Amsterdam). Convicted persons are entitled to compensation if wrongly detained, often supplemented by local support through law firms on the Herengracht. This mechanism strengthens confidence in the Amsterdam criminal justice system.
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