Victims’ rights in Dutch criminal cases: speaking and compensation

As a victim in Dutch criminal proceedings, you are not a bystander. The Code of Criminal Procedure (Wetboek van Strafvordering) gives you enforceable rights: to be informed about the case, to inspect and add documents to the file, to be assisted by a lawyer or an interpreter, to speak at the hearing, and to claim compensation within the criminal case itself.

These rights only work if you use them in time. A compensation claim, for example, must be submitted before the prosecutor makes the closing speech at the first-instance hearing.

Which rights do you have as a victim?

You have the right to information, to access the file and to assistance. These rights apply from the moment you report the offence and continue through the trial.

• You can ask to be kept informed about the progress of the case, including the date of the hearing and the outcome.
• You can ask to inspect documents in the file that are relevant to you, and you can ask for documents to be added, for example evidence of your loss.
• You can be assisted by a lawyer, and by an interpreter if you do not speak Dutch well enough.
• You can speak at the hearing and you can claim compensation, as explained below.

Can you speak at the hearing?

Yes. Victims and certain relatives may address the court about what the offence has meant for them (the right to speak, spreekrecht). Since 2016 this right is not limited to describing the consequences: you may also express a view on the case, including the evidence and the sentence.

Tell the Public Prosecution Service (Openbaar Ministerie) well before the hearing that you want to speak. Preparing your statement helps you say what matters to you within the time the court allows.

How do you claim compensation in the criminal case?

You join the criminal proceedings as an injured party (benadeelde partij) and claim the loss caused by the offence. That can include medical costs, damaged property, lost income and compensation for non-material harm. The advantage is considerable: there is no separate civil action, no separate court fee, and the claim is decided by the same court that decides the criminal case.

There is a limit. The claim must not impose a disproportionate burden on the criminal proceedings. A complex claim that requires extensive evidence may be declared inadmissible in whole or in part. You can then still bring that part before the civil courts. Preparing the claim properly, with documentation, is what keeps it inside the criminal case.

What happens if the court awards your claim?

The court will normally also impose a compensation order (schadevergoedingsmaatregel). Under that order the State, through the Central Fine Collection Agency (CJIB), collects the amount from the convicted person on your behalf.

If the offender has not paid in full eight months after the judgment, the State may advance the amount or part of it to you. For violent and sexual offences the State advances the full amount. This removes the risk of an award that exists only on paper.

What if the offender cannot pay or is not caught?

Victims of violent or sexual offences who suffer serious physical or psychological injury can apply to the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven) for a one-off payment. The Fund does not always require a court case or a conviction, and it operates independently of the criminal case.

What can you do if the public prosecutor decides not to prosecute?

You can challenge that decision. A directly interested party can file a complaint with the court of appeal under Article 12 of the Code of Criminal Procedure and ask it to order prosecution. Our article on the Article 12 complaint procedure sets out how that works and the time limits involved.

What can we do for you as a victim?

Our criminal lawyers assist victims from the report to the hearing. Victims of serious violent or sexual offences often qualify for state-funded legal aid.

• We gather receipts, invoices and medical or employer statements and submit your claim as an injured party before the deadline.
• We request access to the file and ask for documents to be added.
• We help you prepare your statement for the hearing.
• We file an Article 12 complaint with the court of appeal if the prosecutor decides not to prosecute.
• We check whether you can apply to the Violent Offences Compensation Fund.

Summary

• As a victim you have enforceable rights to information, access to the file, a lawyer and an interpreter.
• You may speak at the hearing, including about the evidence and the sentence.
• You can claim compensation as an injured party in the criminal case, provided the claim is well documented and not overly complex.
• A compensation order means the State collects the amount; if the offender has not paid after eight months, the State may advance it.
• A decision not to prosecute can be challenged with the court of appeal under Article 12 of the Code of Criminal Procedure.

Frequently asked questions