Editing Double jeopardy (section)

=== Netherlands ===

In the Netherlands, the state prosecution can appeal a not-guilty verdict at the bench. New evidence can be applied during a retrial at a [[Judiciary of the Netherlands#District Courts|district court]]. Thus one can be tried twice for the same alleged crime. If one is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court. The supreme court might admit this complaint, and the case will be reopened yet again, at another district court. Again, new evidence might be introduced by the prosecution.

On 9 April 2013, the Dutch senate voted 36 "yes" versus 35 "no" in favour of a new law that allows the prosecutor to re-try a person who was found not guilty in court.<ref>https://www.eerstekamer.nl/behandeling/20130409/voortzetting_behandeling_en/document3/f=/vj919lm102x5.pdf</ref> This law is limited to offences in which the statute of limitations does not expire. These are offences that are punishable by at least 12 years of imprisonment, and other specific offences.<ref>https://maxius.nl/wetboek-van-strafrecht/artikel70</ref> Offences that have already expired (such as prior to the change in legislation that abolished the statute of limitations) cannot be retried. 

A retrial is only possible by ground of a 'novum': the situation in which new evidence has come to light and in which it seems that, had the judge known of this evidence, the defendant would have been prosecuted. The new evidence has to either be new technical evidence or a trustworthy confession by the defendant or their co-suspect.<ref>https://www.eerstekamer.nl/wetsvoorstel/32044_wet_herziening_ten_nadele</ref>