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Judgments

Cassation judgments in focus.

A selection of judgments of the Supreme Court in which the cassation lawyers of Meijers | Canatan Advocaten acted. This list is not exhaustive.

Mr. K. Canatan

A selection of judgments of the Supreme Court in which mr. Canatan acted as cassation lawyer.

ECLI:NL:HR:2023:1475

Case number 21/05236

The defendant's right to the last word

Judgment quashed and case referred back

A detainee had been convicted of attempted grievous bodily harm against a member of staff of the penitentiary institution. The record of the hearing before the court of appeal did not show that the defendant had again been given the last word after the reply of the Advocate General and the rejoinder of his counsel. That is a statutory requirement on pain of nullity. The Supreme Court upheld the complaint and referred the case back to the court of appeal.

The judgment shows how strictly the Supreme Court safeguards the defendant's right to speak last.

Full judgment on rechtspraak.nl

ECLI:NL:HR:2019:1014

Case number 17/05343

Adjournment requested by counsel without authority

Judgment quashed and case referred back

The defendant was absent from the appeal hearing; his counsel, who had no authority to represent him, requested an adjournment. The court of appeal refused because the defendant had not himself requested a postponement and had not authorised his lawyer. The Supreme Court reiterated that counsel without authority may also request an adjournment, precisely in order to protect the right to be present, and referred the case back.

Clarifies the rules on adjournment requests and the right of an absent defendant to be present.

Full judgment on rechtspraak.nl

ECLI:NL:HR:2018:67

Case number 15/03982

Intent in aiding and abetting attempted murder

Fully reasoned decision and reduction of sentence

The defendant had been convicted of supplying information used in inciting an attempted murder. The central question in cassation was what precisely his intent had to be directed at. The Supreme Court gave a fully reasoned decision on the requirements for proving that intent and upheld the court of appeal's assessment, but reduced the prison sentence because the reasonable time had been exceeded.

A substantive, guiding decision on the scope of intent in aiding and abetting.

Full judgment on rechtspraak.nl

Mr. F.P. Slewe

A selection of judgments of the Supreme Court in which mr. Slewe acted as cassation lawyer.

ECLI:NL:HR:2022:562

Case number 19/04662 P

Double counting in confiscation of proceeds from human trafficking

Supreme Court reduced the amount itself

In these confiscation proceedings concerning proceeds from human trafficking, the court of appeal had counted one period twice, so that the amount was set too high. The Supreme Court upheld the complaint, corrected the double counting itself and further reduced the payment obligation because the cassation proceedings had taken too long.

A calculation error in the assessment of proceeds can be corrected directly in cassation, without new proceedings before the court of appeal.

Full judgment on rechtspraak.nl

ECLI:NL:HR:2019:44

Case number 17/00362 P

Forfeited sums deducted from the confiscation order

Supreme Court reduced the payment obligation itself

In assessing the confiscation claim the court of appeal had failed to take account of sums of money already declared forfeited in the criminal case. That money had therefore already been taken and could not be counted again. The Supreme Court upheld the complaint and reduced the amount payable itself.

What has already been taken in the criminal case must be deducted in the confiscation proceedings.

Full judgment on rechtspraak.nl

ECLI:NL:HR:2017:2500

Case number 16/05545 P

Proceeds from money laundering must be established separately

Judgment quashed and case referred back

Following a conviction for habitual money laundering, the court of appeal assumed that the sums channelled through therefore also constituted unlawfully obtained proceeds as a matter of course. The Supreme Court rejected that view: the fact that someone has laundered money does not automatically mean that he benefited financially himself. That must be established and reasoned separately. The case was referred back.

A key judgment on when laundered money constitutes a benefit for the person concerned; the Supreme Court decided the same in the parallel case of a co-defendant (ECLI:NL:HR:2017:2501).

Full judgment on rechtspraak.nl

ECLI:NL:HR:2015:2634

Case number 14/00665 P

Calculation error in the estimate of the proceeds

Supreme Court corrected the estimate itself

In setting off costs the court of appeal had made an evident error, as a result of which the estimated proceeds and the payment obligation were set too high. The Supreme Court upheld the complaint and set the amount itself at the correct, lower level.

Illustrates that even an apparently technical calculation error can lead to a substantially lower payment obligation in cassation.

Full judgment on rechtspraak.nl

This selection is not exhaustive and serves only to illustrate the cassation practice of Meijers | Canatan Advocaten. No guarantee as to the outcome of any other case can be derived from an earlier judgment. The full texts of all judgments are available at rechtspraak.nl.

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