Title VIII
in forceBijzondere bepalingen voor het rechtsgeding voor de kantonrechter
Proceedings before the sub-district court (kantonrechter) shall be conducted in cases concerning:
The case is brought before the sub-district court (kantonrechter) by the Public Prosecution Service at the hearing.
The institution of proceedings by way of summons may take place for all criminal offences for which this is not expressly excluded. Such exclusion…
The institution of proceedings by means of a summons may only take place in the event of a discovery in flagrante delicto by an investigating…
The summons shall comply with the requirements set out for a writ of summons in Article 261, paragraph 1, with the proviso that a brief indication of…
The public prosecutor may, prior to the commencement of the hearing, notify the suspect in writing or orally of the withdrawal of the summons.
The requirements with which the form of the summons for the suspect to appear at the hearing must comply shall be determined by Our Minister of…
In cases which have been brought before the court by summons on the day of the hearing itself, witnesses may be invited by the official who…
In cases brought before the subdistrict court (kantonrechter), the Public Prosecution Service is authorised to summon witnesses, experts, and…
If the case has been brought before the court by means of a summons, Article 280, paragraph 1, concerning default judgment, shall apply.
If the case has been brought before the court by a summons containing a brief description of the charged offence, the Public Prosecution Service…
Where the defendant, upon his first appearance at the hearing, requests an adjournment in the interest of his defence, the sub-district court judge…
After the closure of the investigation at the hearing, the subdistrict court judge shall render judgment orally, either immediately or at an hour to…
Without prejudice to the provisions of Article 395, paragraph 2, and in the event that a written judgment is rendered, the drawing up of the official…
The subdistrict court judge is authorised to render a written judgment. Upon the claim of the public prosecutor or at the request of the defendant or…
If the subdistrict court judge who has adjudicated the case is unable to render the written judgment, it shall be rendered by another subdistrict…
Both the public prosecutor and the defendant may, following the notification regarding the legal remedy available against the judgment, waive the…
Furthermore, Title 5 and Title 6 of this Book shall apply mutatis mutandis to legal proceedings before the subdistrict court (kantonrechter), subject…
In the event of suspicion of a criminal offence as described in Articles 92 up to and including 96, 97a up to and including 98d, 151d, 151e, 245 up…
In the event of suspicion of a criminal offence as described in Articles 138, 138a and 139 of the Criminal Code, the public prosecutor may, following…
The officials referred to in Article 141 and the officials who, pursuant to Article 142, are charged with the investigation of the offences…
Section 1
Herziening ten voordele van de gewezen verdachte
Upon the petition of the Procurator General or of the former defendant in respect of whom a judgment or final order has become irrevocable, the…
After the death of the former suspect, the application for revision may be filed by:
The former suspect as well as the persons mentioned in Article 458 have the right to be assisted by legal counsel.
The Procurator General shall submit the application for revision to the Supreme Court by means of a written motion.
In preparation for an application for revision, a former defendant who has been convicted of an offence for which the statutory definition provides…
In the event of a petition as referred to in Article 461, the Procurator General may, of his own motion or at the request of the former suspect, seek…
In the event that the petition referred to in Article 461 is granted, the Procurator General shall institute further investigation. If, in his…
With regard to the investigation referred to in Article 463, paragraph 2, Articles 28 up to and including 31, 94, paragraphs 1 and 3, 96 up to and…
In cases where the Supreme Court decides on an application for revision concerning a judgment as referred to in Article 457, paragraph 1, against…
The Supreme Court shall declare the application for revision inadmissible if it does not concern an irrevocable judgment of the court in the…
The Supreme Court orders the further proceedings to be held at a public hearing on a day to be determined for that purpose by the presiding judge.
The application for revision shall be heard at a public hearing for criminal cases of the single-judge chamber of the Supreme Court.
At the hearing of the single-judge chamber, or at the hearing of the multi-judge chamber when the counsel has orally explained the application for…
If the Supreme Court finds it necessary, it shall instruct the Procurator General to conduct a further investigation as referred to in Articles 461…
If the Supreme Court does not consider the application for revision to be well-founded, it shall dismiss it.
If the Supreme Court deems the application for revision concerning the case referred to in Article 457, paragraph 1, under a, well-founded, it shall…
If the Supreme Court deems the application for revision concerning the case referred to in Article 457, paragraph 1, under b, well-founded, it shall…
Upon referral, the Supreme Court may issue an order for the detention of the former defendant. This order is valid for an indefinite period, but may…
Decisions as referred to in Articles 465 and 470 up to and including 472 shall be rendered by a reasoned judgment. The judgment shall be pronounced…
The decisions of the Supreme Court referred to in Articles 465, 470 up to and including 473 shall, as soon as possible, be communicated in writing to…
The legal proceedings in the referred case or cases shall be conducted before the court of appeal with corresponding application of Articles 412…
If the Supreme Court, pursuant to a referral under the terms of Article 471, paragraph 2, or Article 472, paragraph 1 or 2, adjudicates the case…
In no event shall the Supreme Court or the court of appeal impose a penalty or measure that is more severe than the one imposed in the quashed…
If the penalty or measure imposed by the irrevocable judgment has already been remitted by way of pardon, no penalty may be imposed.
If an application for revision or a request for further investigation as referred to in Article 461 has been submitted, the Public Prosecution…
Section 2
Herziening ten nadele van de gewezen verdachte
The Supreme Court may, upon the application of the Board of Procurators General, revise an irrevocable final judgment of a court in the Netherlands…
The Board of Procurators General shall submit the application for revision to the Supreme Court by means of a written motion. The Board of…
Without prejudice to the provisions of Article 482e, in an investigation into the existence of a ground for revision as referred to in Article 482a…
The examining magistrate shall decide as soon as possible on the claim referred to in Article 482c, paragraph 2. The order shall be reasoned and…
In the event of the granting of the claim referred to in Article 482c, paragraph 2, the supervisory judge (rechter-commissaris) shall perform the…
Pending the decision on the application for revision, the Supreme Court may, upon a written motion of the Board of Procurators General or of its own…
If the Supreme Court deems the application for revision well-founded, it shall refer the case to a court that has not yet taken cognizance thereof…
If the irrevocable decision in the first instance has been rendered by the Supreme Court, it shall refer the case, insofar as this deviates from…
The Legal Aid Board (Raad voor rechtsbijstand) shall appoint a counsel for the former suspect who does not have a counsel: