Cassation procedure and fines: what you need to know

Questioner

Can you receive a higher fine than the one initially imposed by appealing?

Lawyer

In a cassation procedure, the Supreme Court of the Netherlands assesses whether the court of appeal has applied the law correctly. This is done on the basis of specific complaints from the defense (or the Public Prosecution Service). The Supreme Court itself does not investigate the facts: the case is therefore not completely retried, as in an appeal! If the appeal is not (fully) rejected by the Supreme Court, the judgment is (partially) annulled. The Supreme Court then makes a new decision itself or refers the case to a court of appeal. This can be the same court that made the annulled judgment, but also another court. If the Supreme Court does not agree with the grounds for cassation submitted, it rejects the appeal in cassation. In such a case, the Supreme Court will not determine a new sentence and therefore will not impose a higher fine than the court of appeal did. If you have any questions, please feel free to contact me. The lawyers of the firm handle all types of criminal cases throughout the country, but focus in particular on procedures at the Supreme Court.