Frequently asked questions
Questions about cassation.
The questions clients and fellow lawyers ask us most often about cassation in criminal cases before the Supreme Court — answered briefly and concretely.
Answers
From time limits to costs.
- 01What is cassation in criminal cases?
- Cassation is the procedure before the Supreme Court of the Netherlands, the country's highest court. The Supreme Court does not reassess the facts of the case: it reviews whether the lower court applied the law correctly and complied with the rules of procedure.
- 02What is the time limit for lodging an appeal in cassation?
- As a rule an appeal in cassation must be lodged within fourteen days of the final judgment of the court of appeal, by making a declaration at the registry of that court. If you were unaware of the hearing or of the judgment, an appeal may still be possible at a later stage. If you are unsure about the time limit, seek advice from a cassation lawyer immediately.
- 03Can I lodge an appeal in cassation myself?
- As a defendant you may lodge the appeal yourself at the registry, but it is wiser to have a lawyer do so. For the remainder of the proceedings a lawyer is compulsory: only a lawyer can file the grounds of appeal with the Supreme Court.
- 04What are the 'cassatieschriftuur' or grounds of appeal?
- The grounds of appeal are the mandatory written document in which the lawyer formulates the grounds of cassation: the complaints against the judgment of the lower court. The Supreme Court sets strict requirements for this document; grounds that fail to meet them are not considered.
- 05How much time is there to file the grounds of appeal?
- After the Supreme Court's notice the cassation lawyer normally has sixty days to file the grounds of appeal. Different time limits apply in particular cases.
- 06How long do cassation proceedings take?
- In criminal cases the average processing time is approximately 250 calendar days, from receipt of the file to the judgment. The starting point is that the proceedings are conducted within the reasonable time: sixteen months where the defendant is in pre-trial detention or is a minor, and otherwise two years. If it takes longer, the Supreme Court may reduce the sentence.
- 07What does a cassation lawyer cost?
- Depending on your income you may qualify for legal aid through the Dutch Legal Aid Board, in which case the State pays the lawyer and you usually pay a personal contribution. Otherwise an hourly rate or a fixed fee for the case applies. No registry fee is payable in criminal cases.
- 08Can I raise new facts or evidence in cassation?
- No. New facts or new evidence cannot be introduced in cassation. Complaints may only concern questions of law and rules of procedure, not the findings of fact made by the lower court.
- 09What is the opinion of the Procurator General?
- After the grounds have been filed, the Procurator General — an independent adviser to the Supreme Court, not a member of the public prosecution service — writes an advisory opinion to the Court. The Court is not bound by it. The lawyer may respond to the opinion within two weeks.
- 10Can another lawyer take over the cassation stage of my case?
- Yes. Meijers | Canatan Advocaten conducts cassation proceedings for its own clients and is also regularly instructed by fellow lawyers to advise on cassation or to file the grounds of appeal. Our lawyers advise clients and lawyers throughout the Netherlands.
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