A victim in Dutch criminal proceedings is not a bystander. The Code of Criminal Procedure gives victims a set of 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 rather than in separate civil proceedings.
Those rights only work if they are exercised in time, and several of them depend on steps taken before the hearing. That is the practical reason to involve a lawyer early rather than after the summons has been issued.
The right to speak at the hearing
Victims and certain relatives may address the court about what the offence has meant for them. The right to speak is not limited to describing the consequences: the person exercising it may also express a view on the case, including on the evidence and the sentence. What is said is part of the hearing and can influence the outcome.
Claiming compensation in the criminal case
A victim can join the criminal proceedings as an injured party and claim the loss caused by the offence – medical costs, damaged property, lost income, and compensation for the harm itself. The advantage is considerable: 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 requiring extensive evidence may be declared inadmissible in whole or in part, leaving the civil courts. Preparing the claim properly, with documentation, is what keeps it inside the criminal case.
Where the court awards a claim it will normally also impose a compensation measure, under which the State collects the amount from the convicted person. For violent and sexual offences the State advances the sum to the victim if it has not been collected within a set period after the judgment becomes final, which removes the risk of an award that exists only on paper.
Where the offender cannot pay or is not caught
Victims of violent or sexual offences resulting in serious injury can apply to the Violent Offences Compensation Fund for a one-off payment. The Fund does not require a conviction, or even an identified perpetrator, and it operates independently of the criminal case.
If the public prosecutor decides not to prosecute
That decision can be challenged. A directly interested party can complain to 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 procedure sets out how that works and the time limits involved.
Advice for victims
The two things that most often go wrong are a compensation claim submitted late or without documentation, and a right to speak exercised without preparation. Both are avoidable. In serious cases legal assistance for victims is frequently available without cost to the victim. Please contact Law & More; our criminal lawyers act for victims as well as for suspects.
