Request for advisory opinion accepted
European Court accepts advisory opinion request from the Supreme Court of the Netherlands concerning review mechanism of a final acquittal for murder.
The ECHR has accepted a request for an advisory opinion submitted by the Supreme Court of the Netherlands.
The request concerns legislation which entered into force in the Netherlands in 2013 making it possible to seek review of an acquittal which had become final, to the detriment of a former defendant.
In 2025 the Board of Procurators General filed an application for review of a former defendant’s acquittal of murder, based on the results of DNA analysis obtained through techniques not available at the time of his trial. The application for review seeks to have the relevant provisions of the Code of Criminal Procedure, which have been amended and have entered into force since the former defendant’s acquittal in 2012, applied retroactively.