The Knoops’ Innocence Project works for wrongfully convicted people in the Netherlands and on the former Netherlands Antilles. The project has years of experience in drafting review requests and conducting review proceedings before the Supreme Court and the Common Court of Justice.
Since 2012, the project is the only one in the Netherlands to be part of the global Innocence Network. The European Innocence Network was set up in 2017 in part by the Knoops’ Innocence Project.
Review in criminal cases
In case of a possible wrongful conviction, a person could be eligible for a reopening of their final conviction. An application for review can be submitted to the Supreme Court if a novum has been found: a new fact or a fact that was not known to the court at the time of the conviction, and which is so crucial that there would have been ruled differently if it had been known at the time. For example, new DNA evidence (on the basis of a new investigation) or a new or amended witness statement.
In the Netherlands, the Supreme Court assesses an application for review and is advised by the Advocate General of the Supreme Court. If the Supreme Court is also of the opinion that there is a novum on the basis of which a conviction must be revised, the case is referred back to a court of appeal and a new substantive hearing takes place.
In the former Netherlands Antilles, the Common Court of Justice assesses an application for review. Contrary to the Dutch procedure, the Public Prosecutor’s Office also has a role in the review procedure here. When the Common Court is of the opinion that there is a conviction that needs to be reviewed, the case is re-examined by the Common Court (with a different composition).