Article 51f Code of Criminal Procedure (injured party claim)

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Article 51f of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) allows anyone who has suffered direct damage from a criminal offence to join the criminal proceedings as an injured party (benadeelde partij) with a claim for compensation. The criminal court then decides on that claim in the same case, alongside guilt and sentence.

Who can join as an injured party?

  • the victim who suffered direct damage;
  • if the victim has died, heirs and certain surviving relatives with a claim under Article 6:108 Dutch Civil Code;
  • certain close relatives with a claim under Article 6:107 Dutch Civil Code, if the victim was seriously injured.

A claim may also be brought for part of the damage only.

How do you join?

You submit a joinder form (voegingsformulier) to the Public Prosecution Service before the hearing, with evidence of the damage, such as invoices and medical bills. You can also join at the hearing itself, before the prosecutor’s closing speech. Both material damage and non-material damage (smartengeld) can be claimed.

When is a claim inadmissible?

The claim must be simple enough to handle in the criminal case. If it would place a disproportionate burden on the criminal proceedings, the court declares it inadmissible (niet-ontvankelijk). You can then still bring the claim before the civil court.

What happens if the claim is awarded?

The court can also impose a compensation order (schadevergoedingsmaatregel, Article 36f Criminal Code). The Central Judicial Collection Agency (CJIB) then collects the amount from the convicted person.

Frequently asked questions

Can I also speak at the hearing?

In serious cases, yes. The right to speak under Article 51e Sv exists separately from the claim.

Do I need a lawyer?

No, but legal assistance helps with substantiating the damage.

Related terms

For help with a damages claim as a victim of crime, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.