Support for victims

Have you become the victim of a criminal offence? Or have you been drawn into a criminal case as the surviving relative of a victim? In those situations too you can count on our support. Our lawyers Laura ter Steeg and Lotte Weyers specialise in victim support and regularly represent victims and surviving relatives in criminal cases.

Guidance from the very first moment

As a victim you are drawn into criminal proceedings against your will. It can be overwhelming, and a great deal is asked of you. Our lawyers guide you through that process and take as much of the work and the worry off your hands as they can. We advise you before you report the offence or are interviewed by the police, and we represent you at every stage that follows.

Over the years victims have been given steadily more rights in criminal proceedings. We inform you about those rights and keep you up to date on the progress of the case. We act on your behalf as the fixed point of contact for the public prosecutor, we request the relevant case documents and we can submit a claim for compensation for you. We also attend the hearing with you or on your behalf and stand up for your interests there. Victims often experience criminal proceedings as emotionally demanding. Our lawyers understand that better than anyone and make sure you are guided through the process as well as possible.

Joining the proceedings as an injured party

As a victim you have the right to submit a claim for compensation. You then join the criminal proceedings as an injured party, so that you can recover from the defendant the loss you have suffered as a result of the offence. Your claim is assessed within the criminal case itself. That means you do not have to begin separate civil proceedings, with all the costs and time that involves.

Another advantage of claiming compensation through the criminal process is that the court can impose a compensation order. An advance payment scheme is attached to that: if the convicted person does not pay the amount awarded, or does not pay it on time, the state pays the amount, or part of it, to you. So you do not have to chase your compensation yourself; the state arranges that for you.

A claim for compensation can cover two kinds of loss: pecuniary and non-pecuniary. Pecuniary loss includes, for example, the value of a stolen object, medical costs or lost income. Non-pecuniary loss is the invisible harm caused by the offence, such as pain, grief or other mental suffering. Compensation for that is also referred to as damages for pain and suffering.

Our lawyers draw up the claim for compensation together with you and support it as fully as possible, so that its chances of success are as great as they can be. Proper support calls for documents: invoices, medical information, a statement from your employer or a report from a treating practitioner. We help you to gather and order those, and translate them into a claim the court is able to award.

In doing so we work realistically and say clearly what is achievable and what is not. A claim that is drawn too widely can be declared inadmissible by the court because dealing with it would place a disproportionate burden on the criminal proceedings. You would then still have to go to the civil court. We weigh that risk with you, so that you know where you stand.

The right to address the court

Another important right of victims and surviving relatives is the right to address the court. In cases involving serious offences you may speak during the substantive hearing of the criminal case. You can then tell the court what the offence has done to you and how you view the case. We prepare you for that carefully. If you would rather not speak yourself, we can exercise the right to address the court on your behalf.

In cases involving other offences you can submit a written victim impact statement describing the consequences the offence has had for you. We are glad to help you with that as well.

Article 12 procedure

It can happen that, after you have reported the offence, the Public Prosecution Service decides not to prosecute a suspect, or not to prosecute any further. If you disagree with that, you can begin an Article 12 procedure before the Court of Appeal (Article 12 of the Dutch Code of Criminal Procedure). You then lodge a complaint setting out why, in your view, the suspect should have been prosecuted, or why further investigation ought to take place. The Court of Appeal can then order the Public Prosecution Service to prosecute after all, or order that further investigation be carried out. Our lawyers draw up that complaint on your behalf and represent you throughout the procedure before the Court of Appeal.

Contact us for an initial consultation

You are always welcome to contact us for an initial consultation. We will then discuss your case, your options and your wishes. Are you the victim or a surviving relative in a case involving a serious violent or sexual offence? Then you are entitled to state-funded legal aid, known in the Netherlands as ‘pro deo’. In that case your lawyer’s assistance is entirely free of charge. If you have legal expenses insurance, that can be used as well.