Part IIIA. The Victim
Chapter One. Rights of the Victim
Section 51a
1. A person who has incurred financial loss or another loss as a direct result of a criminal offence shall be deemed a victim. The legal person, which has suffered financial loss or another loss as a direct result of a criminal offence shall be considered as equivalent to the victim.
2. The public prosecutor shall be responsible for ensuring that the victim is treated appropriately.
3. At the victim’s request, the police and the public prosecutor shall keep the victim informed on the commencement and progress of the case against the suspect. In particular, the police shall at least provide written notification of discontinuance of the investigation or the forwarding of an official report against the suspect. The public prosecutor shall give written notification of the commencement and continuation of the prosecution, of the date and time of the court session and of the final judgment in the criminal case against the suspect. In cases designated for that purpose and in any case, if it concerns a serious offence as referred to in section 51e(1), he shall also, where requested, notify the release of the suspect or the convicted offender.
4. At the victim’s request, information on how he can obtain compensation shall also be provided to him.
Section 51b
1. At the victim’s request, the public prosecutor shall grant him permission to inspect the case documents of relevance to him. During the court hearing this leave shall be granted by the court of first instance, before which the case is being prosecuted, and for the rest by the public prosecutor.
2. The victim may request the public prosecutor to add to the case file documents that he considers relevant for the assessment of the case against the suspect or his claim against the suspect.
3. The public prosecutor may refuse to add documents or permit inspection thereof if he is of the opinion that the documents cannot be regarded as case documents or if he considers the addition of said documents or their inspection to be incompatible with the interests referred to in section 187d(1).
4. The public prosecutor shall require written authorisation for the application of subsection (3), to be granted by the examining magistrate on his application. The public prosecutor shall notify his decision in writing to the victim.
5. The manner in which case documents are to be inspected shall be arranged by Governmental Decree.
6. The victim may obtain copies of the documents he has been permitted to inspect at the court registry in accordance with the provisions by or pursuant to section 17 of the Act on Remunerations in Criminal Cases [Wet Tarieven in Strafzaken]. Section 32(2) to (4) inclusive shall apply mutatis mutandis.
Section 51c
1. The victim may have legal representation.
2. The victim may be represented at the court session by a lawyer, provided this lawyer declares that he has been given express authorisation, or by an authorised representative who has been given a special written power of attorney for that purpose.
3. If the victim is not fluent or sufficiently fluent in the Dutch language, he may have the assistance of an interpreter.
Section 51d
Sections 51a to 51c inclusive shall apply mutatis mutandis to the surviving relatives within the meaning of section 51e(3) and (4), and to the persons referred to in section 51f(2).
Section 51e
1. The right to make a verbal statement at the court session may be exercised if the offence as charged in the indictment is a serious offence which carries a statutory term of imprisonment of at least eight years, or any of the serious offences referred to in sections 240b, 247, 248a, 248b, 249, 250, 285, 285b, 300(2) and (3), 301, (2) and (3), 306 to 308 inclusive and 318 of the Criminal Code and section 6 of the Road Traffic Act 1994 [Wegenverkeerswet 1994].
2. The victim, the father or the mother of a minor victim who has a close relationship with that victim and persons who take care of or raise that victim as part of their family and have a close and personal relationship with the child, may, jointly or each separately, make a statement about the impact that the criminal offences referred to in subsection (1) have had on them at the court session. The person concerned shall notify in writing his intention to make such statement to the public prosecutor before the start of the court session so that the public prosecutor is able, in good time, to invite him to appear at the court session. The presiding judge may, ex officio or on application of the public prosecutor, deny or restrict the right of the father or mother or caretakers, referred to in the first sentence, to make a verbal statement, if he determines that this would be contrary to the minor victim’s best interests.
3. The right to make a verbal statement at the court session, referred to in subsection (1), may also be exercised by a surviving relative who has made it known that he wishes to make a statement about the impact that the victim’s decease has had on him at the court session. The surviving relative who wishes to exercise the right to make a verbal statement at the court session shall notify this intention in writing before the start of the court session so that the public prosecutor is able, in good time, to invite him to appear at the court session.
4. The surviving relatives, who are eligible to be called to appear at the court session under subsection (3), shall include:
a. the spouse or civil registered partner or other partner, and
b. the relatives by consanguinity in the direct line and those up to and including the fourth degree of the collateral line.
If more than three surviving relatives, referred to in (b), have indicated that they wish to exercise their right to make a verbal statement, and they fail to agree among themselves which of them will address the court, the presiding judge shall decide which three persons may exercise the right to make a verbal statement.
5. The victims or surviving relatives who may exercise the right to make a verbal statement shall include the minor who has reached the age of twelve years. This shall also apply for the minor who has not yet reached that age and who can be deemed capable of reasonably assessing his interests in that respect.
6. If the victim or a surviving relative has not yet reached the age of twelve years, the right to make a verbal statement at the court session may be exercised by his legal representatives insofar as this representation is not contrary to the minor’s best interests. The legal representatives may also, jointly or each separately, make a statement about the impact the criminal offences referred to in subsection (1) have had on them. The presiding judge may, ex officio or on application of the public prosecutor, decide to deny the legal representative the right to make a verbal statement at the court session, if he determines that this would be contrary to the minor’s best interests.
7. If the victim or the surviving relative is actually incapable of exercising the right to make a verbal statement, the person referred to in subsection (4)(a) and one of the persons referred to in subsection (4)(b) may exercise the right to make a verbal statement about the impact the criminal offence has had on this victim or surviving relative at the court session.
Chapter Two. Compensation
Section 51f
1. The person who has incurred direct damage as a result of a criminal offence may join the criminal proceedings in his capacity as injured party and claim compensation.
2. If the person referred to in subsection (1) has died as a result of the criminal offence, his heirs may also join the criminal proceedings in regard of their claim acquired under universal title and the persons, referred to in section 6:108(1) and (2) of the Civil Code [Burgerlijk Wetboek] in regard of the claims referred to in that section.
3. The persons referred to in subsections (1) and (2) may also join the criminal proceedings for a part of their claim.
4. Those persons who require legal representation or must be represented in order to appear in civil court proceedings, shall also require legal representation or representation in order to be able to join the criminal proceedings in accordance with subsection (1). An authorisation of the single judge division of the Sub-District Court Sector, as referred to in section 1:349(1) of the Civil Code, shall not be required for that representative. The provisions pertaining to legal representation or representation, necessary in civil cases, shall not apply to the defendant.
5. If the public prosecutor institutes or continues prosecution, he shall notify the injured party thereof in writing as soon as possible. If the case is to be tried at a court session, the public prosecutor shall notify the date and time of the court session to the injured party as soon as possible.
Section 51g
1. In the case of notification of institution of prosecution against a suspect under section 51a(3), the public prosecutor shall send a joinder form. Before the start of the court session the joinder shall be effected by handing over a statement of the claim and the grounds on which it is based to the public prosecutor who is charged with prosecution of the criminal offence. This statement shall be made by means of a form established by Our Minister of Security and Justice.
2. The public prosecutor shall notify the joinder to the defendant as soon as possible and, in the case referred to in subsection (4), to his parents or guardian.
3. At the court session the joinder shall be effected by submission of the statement, referred to in subsection (1, first sentence), to the court before the public prosecutor is given the opportunity to address the court in accordance with section 311 at the latest. This statement may also be given verbally.
4. If the claim of the injured party relates to an act to be considered as an act of a suspect who has not yet reached the age of fourteen years and to whom this act could be imputed as an unlawful act if not for his age, it shall be deemed to be directed against his parents or guardian.
Section 51h
1. The Public Prosecution Service shall see to it that the police inform the victim and the suspect of the option of mediation at the earliest possible stage.
2. If mediation between the victim and the suspect has resulted in an agreement, the court shall, if it imposes a punishment or measure, take this agreement into account.
3. The Public Prosecution Service shall encourage mediation between the victim and the convicted offender, after it has made certain that the victim agrees to such mediation.
4. Further rules pertaining to mediation between the victim and the suspect or between the victim and the convicted offender may be set by Governmental Decree.
