Victims and next of kin in Utrecht have the opportunity to speak during a criminal hearing about the impact of a crime. This right, also known as the right to speak (spreekrecht), is legally established and is being further developed.
What does the right to speak entail?
The right to speak (articles 51e-51f of the Code of Criminal Procedure) gives victims the opportunity during the hearing to inform the judge, the suspect, and those present about the consequences of the crime on their personal life.
Who can exercise the right to speak?
- The victim themselves
- Next of kin (in case of the victim's death)
- Legal representatives (for example, in the case of minors)
- Maximum of three persons may speak on behalf of the victim
For which crimes does the right to speak apply?
The right to speak applies to crimes with a penalty threat of 8 years or more, and to specific serious offences such as:
- Violent crimes
- Sexual offences
- Human trafficking
- Stalking
What can you talk about?
As a victim, you can speak about:
- The influence of the crime on your life
- Physical and mental consequences
- Impact on work, relationships, and daily activities
- Since 2016: your opinion on the desired sentence
How does the process work?
The right to speak is exercised during the hearing, after the evidence phase and before the prosecutor's indictment. The judge may ask questions for clarification, but the defence may not respond directly.
Written statement as an alternative
If you do not want or are unable to speak yourself, you can submit a written victim statement. This can be read aloud by the judge or read silently during the hearing.
Contact and location in Utrecht
For questions about the right to speak or legal support, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. Hearings often take place at the Midden-Nederland District Court, Vrouwe Justitiaplein 1.
Frequently asked questions about the right to speak
How do I register for the right to speak?
You must submit your request to exercise the right to speak in a timely manner to the public prosecutor or the court, preferably before the hearing. This can be done either in writing or orally. During the hearing, you will be given speaking time after the presentation of evidence.
Can I give my opinion on the sentence?
Yes, since 2016, as a victim you may share your view on the desired sentence, such as its length or additional measures. The judge will take this into account, but is not obliged to follow it.
What if I cannot speak myself?
If you are emotionally unable to speak, you can submit a written statement or have someone else speak on your behalf, such as a family member or lawyer. Discuss this in advance with the court.
Does the right to speak also apply to next of kin?
Yes, in the event of the victim's death, next of kin such as partners, children, or parents may speak about the impact of their loss. A maximum of three persons may do so.
Can the suspect respond to my statement?
No, the suspect or their lawyer may not respond directly to your statement. However, the lawyer may address your words substantively later in the process, for example during the defence plea.