How do you lodge an appeal in a criminal case?
What would you like help with?
Do not wait for the written judgment if the appeal period has already started. Ask the registry of the court that handled your case directly which time limit and method of lodging an appeal apply to you.
Detailed explanation, checklist and sources
In many criminal cases, you can appeal the judgment. The time limit is usually fourteen days, but when that period starts and whether an appeal is possible depend on the judgment and the circumstances. Check this immediately with the court or your lawyer.
General information about Dutch law · Reviewed on · How we work
On this page
- First check whether an appeal is available
- Calculate the time limit from the correct moment
- Lodge the appeal in the correct way
- Describe why you disagree
- Prepare for the hearing before the court of appeal
- Withdraw an appeal only knowingly
- Your checklist
- Frequently asked questions
- Sources and further information
First check whether an appeal is available
An appeal is in principle available against a conviction for an indictable offence. Restrictions apply to minor offences, including where only a low fine has been imposed. An acquittal, a decision in absentia or a special procedure may raise different issues. Therefore, have the exact judgment checked.
Calculate the time limit from the correct moment
The appeal period is usually fourteen days after the judgment. In certain exceptions, that period starts only when you first become aware of the judgment. The date on which you receive a letter is therefore not always decisive. The registry or your lawyer can confirm the time limit for your case.
Lodge the appeal in the correct way
You can report to the central counter of the court that handled the case; an appeal record will be drawn up there. You can also authorise someone or, subject to conditions, authorise the court clerk by letter. If you are detained, you can make a written declaration through the head of the institution.
Describe why you disagree
Note which decision, assessment of evidence, legal classification, sentence or measure you want reviewed. The grounds-of-appeal form can help organise the reasons, but the form itself does not lodge an appeal. Keep evidence that the appeal was lodged correctly and on time.
Prepare for the hearing before the court of appeal
Collect the judgment, summons, case documents and relevant new information. The court of appeal hears the case again, but the precise scope may depend on what is challenged. Also discuss the risk that the outcome may be different or more severe.
Withdraw an appeal only knowingly
According to the Judiciary, the appeal can be withdrawn until the case is called by the court usher. Withdrawal can have final consequences. Ask in advance which judgment will then become final and whether the Public Prosecution Service has also lodged an appeal.
Your checklist
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Date and type of judgment
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Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
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No. You only note where it is kept. No files are uploaded or sent automatically.
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For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.
For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
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- Date and type of judgment
- Exact final day of the appeal period
- Judgment, summons and public prosecutor's office case number
- Proof that the appeal was lodged on time
- Reasons or grounds for each decision point
- Case documents and relevant new evidence
- Notification of whether the Public Prosecution Service also lodged an appeal
- Appointment with a lawyer or confirmation from the registry
Frequently asked questions
Is the time limit always fourteen days?
Usually, but the start of the period may differ in exceptional cases. Ask the registry or your lawyer for the exact time limit for your judgment.
Do I lodge an appeal using the grounds-of-appeal form?
No. The form helps explain your reasons. In addition, the appeal must be lodged with the court in a valid manner.
Am I required to have a lawyer?
The Judiciary states that a lawyer is not required to lodge an appeal. Criminal cases can nevertheless have major consequences; legal advice on the time limit, grounds and risks is often sensible.