Article 51e of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) gives victims of serious offences the right to speak (spreekrecht) at the criminal hearing. It applies to offences carrying eight years’ imprisonment or more and to a list of specific offences. In some situations, relatives or parents may exercise the right instead of the victim.
Table of contents
For which offences does the right to speak apply?
For all offences carrying a maximum of eight years’ imprisonment or more, and for listed offences such as:
- threats (Article 285 Criminal Code) and stalking (Article 285b);
- certain forms of assault (Articles 300 and 301, second and third paragraphs);
- several sexual offences;
- causing a serious traffic accident (Article 6 Road Traffic Act 1994).
Who may speak?
The victim, including minors aged 12 or over and younger children who can reasonably assess their own interests. For victims under 12, their legal representatives may speak about the consequences of the offence. If the victim has died, surviving relatives may speak. If more than three relatives want to speak and cannot agree, the presiding judge chooses three; a spouse or partner can always speak. If the victim cannot speak, the partner and one family member may speak on the consequences.
How do you use the right to speak?
You must notify the public prosecutor in writing before the hearing begins, so you can be summoned in time. At the hearing, the presiding judge gives you the floor. A lawyer may assist you.
Frequently asked questions
Can I both speak and claim damages?
Yes. The right to speak is separate from an injured party claim under Article 51f Sv.
Can the judge limit what relatives say?
Yes. The judge can restrict or refuse a relative’s or parent’s right to speak if it conflicts with the victim’s interests.
Related terms
- Article 51f Code of Criminal Procedure (injured party claim)
- Injured party in criminal proceedings
- Public prosecutor
- Reporting a crime
For help with your position as a victim in a criminal case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
