Cassation to the Supreme Court

At Moszkowicz Advocaten, we understand that a criminal case doesn't end with a ruling by the district court or the court of appeal. If you disagree with a decision, appealing to the Supreme Court of the Netherlands can be a crucial final step. Our firm specializes in criminal cassation proceedings, and we help clients—both defendants and fellow lawyers—defend their cases at the highest level. On this page, we explain what cassation entails, why it's so important, and why Moszkowicz Advocaten is the right partner for your case.

What is cassation in criminal cases?

Cassation is the procedure by which you can challenge a lower court's ruling before the Supreme Court, the highest court in the Netherlands. Suppose you have been convicted by a district court or court of appeal, but you believe errors have been made in the application of the law. Then you can appeal. Unlike an appeal, the Supreme Court does not reexamine the facts of the case—such as witness statements or evidence. Instead, the Court only examines whether the law has been applied correctly. This includes questions such as: Were the procedural rules followed? Has the law been correctly interpreted? Or is the sentence appropriate to the facts as established?

It's a complex procedure that requires specialized knowledge, as only legal questions are considered. The outcome can lead to the annulment of the judgment, a retrial, or the confirmation of the Court of Appeal's ruling. Filing an appeal in cassation must be done within fourteen days of the judgment, and it requires a thorough cassation memorandum—a written statement—that meets strict requirements.

Why is cassation important?

In criminal cases, the stakes are often high: freedom, reputation, and future. An incorrect ruling can have lifelong consequences. Cassation offers a final opportunity to correct injustice and ensures uniformity in the judiciary. The Supreme Court sets the tone for how laws are applied throughout the Netherlands, contributing to a fairer legal system. For defendants, it serves as a protective mechanism against potential errors further down the chain. For non-specialized lawyers, it's wise to engage a cassation specialist to maximize their chances of success.

Our expertise in criminal cassation

At Moszkowicz Attorneys, we have a proven track record in criminal cassation cases. Our firm focuses on criminal law, with a strong focus on complex proceedings before the Supreme Court. We handle numerous cassation cases annually, ranging from drug cases and violent crimes to white-collar crimes and international extraditions. Our approach is thorough: we analyze the lower court's ruling for potential errors and draft a sharp cassation brief. Cassation is an almost entirely written procedure. However, in exceptional cases, arguments can also be filed verbally before the Supreme Court. Mr. Moszkowicz is one of the few attorneys with experience in this special procedure.

Mr. Moszkowicz, the driving force behind our firm, is a renowned criminal defense lawyer with decades of experience. He specializes in cassation proceedings, which sets him apart from general criminal defense lawyers. This specialization is more than just a title: it requires in-depth knowledge of case law, procedural rules, and strategic insight. Thanks to his expertise, Mr. Moszkowicz has helped countless clients overturn wrongful convictions or obtain more lenient sentences.

VCAS Membership: A hallmark of quality

An important testament to our specialization is Mr. Moszkowicz's membership in the Association of Cassation Lawyers in Criminal Cases (VCAS). Founded in 2010, the VCAS is a selective association that promotes the quality of legal assistance in criminal cassation proceedings. Members must demonstrate that they primarily focus on criminal law and have demonstrable experience and skills in cassation cases. This is assessed by a special committee, ensuring a high standard.

As a member of the VCAS, Mr. Moszkowicz meets these strict requirements. This membership not only underscores his expertise but also provides access to a network of top lawyers and the latest developments in cassation law. For you as a client, this means you are assured of the highest level of assistance – reassuring in proceedings where details matter.

Cassation with Moszkowicz Attorneys?

With us you will find;

 Specialized knowledge: Not every lawyer is an expert in cassation. We are, with our focus on criminal law and years of experience.

 - Personal approach: We work closely with you or your current attorney as co-counsel to tailor the defense to cassation from the outset.

 - Successful track record: Our cases regularly lead to favorable outcomes, thanks to thorough preparation and strategic insight.

 - Accessible and transparent: We explain complex legal terms in plain language, so you always know where you stand. Fast and efficient: Cassation has tight deadlines; we act quickly without compromising quality.

Whether you're a suspect or a lawyer seeking specialized support, Moszkowicz Attorneys is here to help. Contact us for a free consultation. Let us take your case to the next level.