Leave of absense

Leave of absense

Leave to appeal criminal cases

Not all criminal cases can be appealed in the Netherlands. This is due to the so-called leave system. The Court of Appeal may, in the case of relatively minor offenses in which no more than 500 euros fine has been imposed, decide not to allow an appeal. This is stipulated in Article 410a of the Code of Criminal Procedure. According to the Human Rights Committee of the United Nations, this is inconsistent with human rights. It therefore already condemned the Netherlands twice because of the leave system, in the cases:

According to the Human Rights Committee, the application of the leave system violated the International Covenant on Civil and Political Rights (ICCPR) because no “genuine review” could take place. Under Article 14(5) of the ICCPR, anyone convicted of a crime has the right to have the guilt and conviction reviewed by a higher court in accordance with the law. In the Netherlands, suspects often do not receive the necessary information with which they can apply for leave (for example, information about the evidence on the basis of which they were convicted).Moreover, without such information, it is also difficult for the Court of Appeal to seriously assess whether the accused has a right to appeal.The Human Rights Committee therefore believes that the Netherlands must put its laws in order and do everything possible to prevent future violations.

The Minister of Security and Justice has indicated a desire to abolish the furlough system, but it is not yet that far.This still does not guarantee defendants’ right to a fair trial.

Lawyer Willem Jebbink, who brought the case to the Human Rights Committee, filed a summary proceeding to prevent further application of the leave system in a concrete criminal case. The summary proceedings were served on April 1, 2015. On April 15, 2015, the District Court of The Hague ruled that there is no unconditional right to appeal in criminal cases and that a furlough system does not automatically violate the protection of Article 6 ECHR and Article 14 ICCPR.

The PILP-NJCM intervened in these summary proceedings. An opinion letter was drafted by the NJCM and submitted to the court. Other lawyers are free to use the letter in similar proceedings.

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