Appeal in a Criminal Case in Amsterdam
Appeal in a criminal case gives residents of Amsterdam the opportunity to have a judgment of the Amsterdam District Court reviewed by the Amsterdam Court of Appeal. This court assesses the case entirely anew. It is a crucial tool for defendants and the Public Prosecution Service (PPS) to correct erroneous decisions, under strict conditions.
Legal Basis for Appeal
Dutch criminal law regulates appeals in the Code of Criminal Procedure (Sv), Articles 67-85. Article 67 Sv allows appeals against judgments, except in cases of acquittal or discharge from prosecution if the PPS does not appeal. Article 68 Sv requires a penalty heavier than a third-category fine (€450) or more than two months' imprisonment for single-judge cases.
Judgments from the single judge at the Amsterdam District Court go directly to the Amsterdam Court of Appeal. The appeal period is 14 days after the ruling (Article 79 Sv); the PPS has the same deadline, which may be extended.
When to File an Appeal in Amsterdam?
Consider filing an appeal if you are dissatisfied with a ruling from the Amsterdam 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 an unfair hearing.
As a defendant, you can appeal orally or in writing within 14 days at the registry of the Amsterdam District Court, ideally with the help of a lawyer. Contact the Juridisch Loket Amsterdam for free advice. The PPS decides independently.
Conditions and Exceptions
- No appeal against acquittal: Only the PPS may appeal (Article 67(2) Sv).
- Interim decisions: No appeal against interlocutory judgments.
- Conditional dismissal: No appeal possible.
Appeal Procedure at the Amsterdam Court of Appeal
The procedure at the Amsterdam Court of Appeal resembles the first instance but is more thorough. After the appeal is filed, a hearing is scheduled within months. The oral, public hearing is central.
The court reopens the case in full (de novo): a complete reassessment, including new evidence, witnesses, or experts. The judgment is issued immediately or later in writing.
Possible Outcomes
| Outcome | Description |
|---|---|
| Affirmation | Amsterdam District Court judgment stands. |
| Sentence Modification | Sentence reduced or increased. |
| Quashing | Remitted to Amsterdam District Court or dismissed. |
| Acquittal | No guilt proven. |
Rights and Obligations in Appeal
Defendant's Rights:
- Legal aid lawyer (pro bono via Juridisch Loket Amsterdam).
- Right to plead and submit new evidence.
- Access to case file (Article 30 Sv).
- No detention, except pretrial detention.
Obligations:
- Attend hearing, or risk suspension of defense.
- Pay court fees (€150 for individuals, Article 507a Sv).
The PPS must justify any sentence increase.
Practical Amsterdam Examples
Example 1: Traffic Offense. Mr. Jansen receives an €800 fine and 3-month driving ban from the single judge at the Amsterdam District Court for speeding on the A10. He appeals within 14 days; the court reduces it to €500 and 1 month after witness examination.
Example 2: Shop Robbery. Ms. De Vries: 2 months' imprisonment for theft on Kalverstraat. Lawyer challenges CCTV footage with psychologist; Amsterdam Court of Appeal acquits.
Example 3: PPS Appeal. After pub fight in Jordaan, community service imposed; PPS demands prison, court increases to 1 month.
Differences: First Instance vs. Appeal
| Aspect | First Instance | Appeal |
|---|---|---|
| Judge | Single Judge, Amsterdam District Court | Amsterdam Court of Appeal |
| Hearing | Initial | Full review |
| Deadline | - | 14 days |
| New Evidence | Limited | Allowed |
Frequently Asked Questions
Can you appeal a €300 fine?
No, only fines above €450 qualify. Lower fines are settlements. See settlement in criminal law Amsterdam.
Miss the 14-day deadline?
Appeal lapses, unless the Amsterdam District Court allows reinstatement. Contact Juridisch Loket Amsterdam immediately.