Novum Revision for Tilburg Residents

Novum Revision for Tilburg Residents

For residents of Tilburg, a novum revision offers a unique opportunity in criminal law to reopen a closed case based on a new fact – the novum – that was previously unknown. This can lead to acquittal, a reduced sentence, or a retrial. It is the ultimate remedy for those wrongfully convicted in the region, but it only applies if the novum fundamentally undermines the question of guilt. Tilburg residents with a judgment from the District Court of Zeeland-West-Brabant in Breda may consider this option.

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 during the trial, discovered later, and which the convicted person demonstrates would have altered the judgment."

The Supreme Court decides on requests (art. 458 Sv). This extraordinary remedy comes into play only after a final judgment, such as from a Tilburg case at the District Court of Zeeland-West-Brabant. Other grounds include forgery (art. 457(2) Sv) or prosecutorial errors (art. 457(3) Sv), but novum is the most common.

What Qualifies as a Novum?

Not all new facts qualify as a novum. The Supreme Court sets strict requirements for Tilburg applicants:

• New and undiscovered: Unknown during the proceedings at the Breda court and not reasonably discoverable earlier.
• Impactful: It must be plausible that the judgment would have been different, supported by experts or witnesses.
• Fundamental: It must create serious doubt, such as DNA implicating another person or a false statement.

Typical novums include a DNA match to a third party, a perpetrator's confession, or new forensic evidence. Oversights by the defense, such as a missed witness in a Tilburg theft case, do not count.

Overview of Revision Grounds

Novum Revision Procedure

Step by step for Tilburg residents:

1. Submission: The convicted person or family submits the request to the Supreme Court (art. 459 Sv), including a description of the novum and evidence. Start at the Tilburg Legal Aid Office for assistance.
2. Advocate General's Advice: The Advocate General provides advice within six months.
3. Supreme Court Ruling: If granted, referral to the Court of Appeal (art. 468 Sv).
4. Court of Appeal Retrial: Possible acquittal or new judgment, relevant for Breda/Tilburg cases.
5. Cassation Option: Appeal against the Court of Appeal decision possible.

The process takes 1-3 years; legal assistance is essential. Costs are at your own expense, but legal aid available via the Municipality of Tilburg for low-income individuals.

Examples of Novum Revision

In the Posthumus case (1997), DNA evidence exonerated the convicted person. More recently, the Ina Post case (2018) succeeded with a DNA novum after years in prison. Local hypothetical: A Tilburg resident convicted of burglary in the Spoorzone based on witness X. Later, Y confesses and DNA matches Y – a potential novum for revision.

Rights and Obligations

Rights:

• Access to case file (art. 460 Sv).
• Legal counsel, legal aid via Tilburg Legal Aid Office.
• No time limit.

Obligations:

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

Frequently Asked Questions