Appeal in Criminal Case in Tilburg

Appeal in a Criminal Case for Tilburg Residents

Appeal in a criminal case gives residents of Tilburg the opportunity to have a judgment from the District Court of Zeeland-West-Brabant (Breda location) reviewed by a higher court, the Court of Appeal 's-Hertogenbosch. This remedy allows defendants and the Public Prosecutor's Office (PPO) to correct erroneous decisions under strict conditions.

Legal Basis for Appeal

Dutch criminal procedure law governs appeals in the Code of Criminal Procedure (Sv), Articles 67-85. Article 67 Sv permits appeals against most criminal judgments, except acquittals or discharges from prosecution unless the PPO appeals. Under Article 68 Sv, the sentence must exceed a third-category fine (€450) or more than two months' imprisonment for single-judge cases in the Tilburg region.

Judgments from the cantonal or single-judge court in Breda go directly to the court of appeal. The appeal period is 14 days from the pronouncement (Article 79 Sv); the PPO has the same deadline, sometimes with extension options.

When to File an Appeal in Tilburg?

You can appeal if you are dissatisfied with the district court's judgment in Breda. Common reasons include:

Excessively severe sentence.
Incorrect classification of the offense (e.g., simple theft vs. robbery).
Weak evidence.
Procedural errors, such as violations of a fair hearing.

As a Tilburg defendant, you declare the appeal orally or in writing at the Breda court registry within 14 days, with or without a lawyer's assistance. The PPO decides independently on appealing.

Key Conditions and Exceptions

No appeal against acquittal: Only the PPO may appeal (Article 67(2) Sv).
Interim decisions: Rulings without a final decision are not appealable.
Conditional dismissal: No appeal possible.

Procedure at the Court of Appeal

At the Court of Appeal 's-Hertogenbosch, the procedure largely mirrors the first instance, with some nuances. After filing, the case is scheduled for a hearing within months. The oral, public hearing is central.

The court fully reopens the case de novo: complete reassessment, including new evidence, witnesses, or experts. The judgment is issued immediately or later by letter.

Possible Outcomes

Outcome	Explanation
Affirmation	First-instance judgment upheld.
Sentence adjustment	Sentence reduced or increased.
Quashing	Remitted to Breda or dismissed.
Acquittal	No guilt proven.

Rights and Obligations in Tilburg Appeals

Rights as a defendant:

Assistance from a legal aid lawyer.
Make submissions and introduce new evidence.
Access to the case file (Article 30 Sv).
No duty to appear, except if in custody.

For free advice, contact the Juridisch Loket Tilburg.

Obligations:

Attend the hearing, or risk suspension of defense.
Pay court fees (€150 for individuals, Article 507a Sv).

The PPO must justify any sentence increase.

Local Examples from Tilburg

Example 1: Traffic Offense. Mr. Jansen from Tilburg receives an €800 fine and 3-month driving ban from the single-judge court in Breda for speeding on Ringbaan West. He appeals within 14 days; the court reduces it to €500 and 1 month after witness examination.

Example 2: Theft. Ms. De Vries from Tilburg is sentenced to 2 months' imprisonment for theft at Westermarkt. Her lawyer challenges the CCTV footage and calls an expert; the court acquits due to insufficient evidence.

Example 3: PPO Appeal. After a pub fight in Tilburg city center, a community service order; PPO appeals for prison, court imposes 1 month.

Comparison: First Instance vs. Appeal

Element	First Instance (Breda)	Appeal ('s-Hertogenbosch)
Court	District Court Zeeland-West-Brabant	Court of Appeal
Hearing	Initial	Reopening
Deadline	-	14 days
New elements	Limited	Allowed

FAQs for Tilburg

Can you appeal a €300 fine?

No, fines over €450 (third category) qualify. Lower ones are settlements without judgment. See settlement in Tilburg criminal law.

Missed the 14-day deadline?

Appeal is then barred, unless the court shows leniency in exceptional cases. Contact Juridisch Loket Tilburg.