The injured party is the victim who joins the criminal proceedings with a claim for compensation. The criminal court then decides that claim alongside the criminal case, so that separate civil proceedings are unnecessary.
Legal basis
Article 51f of the Dutch Code of Criminal Procedure confers the right to join. The claim must relate directly to the offence proved. Article 361(3) requires the court to declare the claim inadmissible where dealing with it would place a disproportionate burden on the criminal proceedings; the victim may then still bring it before the civil court. Article 36f of the Criminal Code allows the court also to impose a compensation measure, under which the State handles collection. That carries the advance scheme: if the convicted person has not paid after eight months, the State pays out the amount awarded, without a cap for violent and sexual offences and up to five thousand euros for other offences.
How it works in practice
The claim is submitted on a form and must be substantiated with documents: invoices, medical information, a calculation of lost income. For non-material loss the Dutch guide to damages awards provides the benchmark. The costs of legal assistance may also be claimed. The victim additionally has the right to address the court at the hearing.
Where it goes wrong
Claims are too broad or too thinly substantiated, so the court finds them too complex and declares them inadmissible. A second error is claiming loss that does not follow directly from the offence proved. Third, the advance scheme is not used because only an award of the claim was requested, and not the compensation measure.
Related terms
Joining follows reporting a crime, arises at the summons stage and connects to damages in civil law.
Would you like your loss compensated through the criminal proceedings? Our criminal law specialists substantiate the claim.
