Novum Revision for Amsterdammers

Novum Revision for Amsterdammers

A novum revision gives Amsterdammers wrongfully convicted by the Amsterdam District Court one last chance at justice. This is a unique criminal procedure that reopens a closed case based on a new fact – the novum. It can lead to acquittal, a reduced sentence, or a new hearing, serving as the ultimate remedy when the novum fundamentally undermines the original judgment.

Legal Basis for Novum Revision

Revision of criminal cases, including novum revision, 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 is possible "due to a novum, a circumstance unknown at the time of the Amsterdam District Court hearing that later comes to light and which the convicted person demonstrates would have overturned the judgment."

The Supreme Court decides on requests (art. 458 Sv), as an extraordinary remedy after a final judgment from the Amsterdam District Court or higher. Other grounds for revision, such as forgery (art. 457(2) Sv) or prosecutorial errors (art. 457(3) Sv), are less common; novum is predominant.

What Qualifies as a Novum in Amsterdam Cases?

Not all new facts qualify as a novum. The Supreme Court applies strict criteria:

• Novelty: Unknown during the Amsterdam proceedings and not discoverable earlier.
• Credibility: Evidence that the Amsterdam District Court would have ruled differently, often supported by experts or witnesses.
• Impact: Serious doubt about guilt or sentence, such as DNA implicating another person or a false statement.

Typical novums include: DNA match with a third party, perpetrator confession, or new forensic evidence. Oversights by the defense, such as a missed witness in an Amsterdam case, do not count.

Comparison of Revision Grounds

Novum Revision Procedure from Amsterdam

The steps for Amsterdammers:

1. File request: With the Supreme Court (art. 459 Sv), including detailed novum and evidence. Start at Juridisch Loket Amsterdam for free advice.
2. Advocate General's advice: Report within six months.
3. Supreme Court decision: If granted, referral to Court of Appeal (art. 468 Sv).
4. Court of Appeal hearing: Possible acquittal or new judgment.
5. Appeal in cassation: Possible against Court of Appeal decision.

Expect 1-3 years; legal assistance is essential. The City of Amsterdam sometimes provides support through social services.

Examples of Novum Revision

In the Posthumus case (1997), DNA evidence led to acquittal. In the Ina Post case (2018), posthumous DNA reopened a case after years in prison. Local hypothetical: Ahmed, convicted of a robbery in the Jordaan based on witness X. Later, Y confesses and DNA matches; this novum could initiate revision of the Amsterdam District Court judgment.

Rights and Obligations

Rights:

• Access to case file (art. 460 Sv).
• Legal aid attorney, pro bono via Juridisch Loket Amsterdam.
• No statute of limitations.

Obligations:

• Fully substantiate the novum.
• No abuse of process.
• Attend hearings.

Frequently Asked Questions