Victims of a criminal offence in Utrecht can join the criminal proceedings as the injured party to claim compensation. This process is often faster and less costly than initiating a separate civil action.
What does it mean to be the injured party?
The injured party is a victim who has suffered damage as a result of a crime and wishes to recover it during the criminal case. This avoids the need for a separate legal proceeding outside the criminal context.
How can I join in Utrecht?
There are several ways to join as the injured party:
- By completing a joinder form via the Public Prosecution Service (OM)
- By submitting a written request before the hearing date
- By orally making a simple claim during the hearing
What damage can be claimed?
The following types of damage can be claimed:
- Material damage - Costs for stolen or damaged property, medical expenses, travel costs
- Immaterial damage - Compensation for emotional pain, suffering or fear (pain and suffering compensation)
- Loss of income - Lost wages due to inability to work after injury
Evidence for your claim
To substantiate the damage, you must provide evidence, such as:
- Receipts and invoices for purchases
- Medical reports or statements
- Photos documenting the damage
- Salary overviews in case of loss of income
Decision of the judge
The judge in Utrecht can take various decisions:
- Grant the claim in full or in part
- Reject the claim
- Declare the injured party inadmissible if the case is too complex for criminal proceedings
Compensation measure in Utrecht
Pursuant to Article 36f of the Criminal Code, the judge may impose a compensation measure. The convicted person then pays to the State, which ensures that the victim is compensated. In case of non-payment, detention may follow, with a maximum of one year.
Frequently asked questions about the injured party in Utrecht
How do I join as the injured party in a criminal case?
You can join via the OM form, by submitting a written request before the hearing, or orally during the hearing for simple claims. You can find the form on the OM website. Ensure clear substantiation with evidence such as invoices or medical documents. Submit your request in time for consideration by the judge.
What damage can I claim as a victim?
You can claim material damage (such as costs for damaged goods or medical care), immaterial damage (pain and suffering compensation for emotional distress) and loss of income (missed salary due to injury). Provide evidence such as receipts, reports or payslips to support your claim. The judge determines whether the damage is directly related to the offence.
What if my claim is rejected by the judge?
If rejected, you cannot recover the damage through the criminal case. You then have the option to initiate a civil action for compensation. If the claim is deemed too complex, the judge may declare you inadmissible, which also means a separate civil procedure is required.
How does the compensation measure work exactly?
This measure (Article 36f of the Criminal Code) obliges the convicted person to pay the compensation to the State, which then pays the amount to you. In case of non-payment, the convicted person may be detained for up to one year. This system relieves the burden on victims, as the State takes over the collection process.
Is a lawyer needed for a claim in Utrecht?
For simple claims, a lawyer is not necessary; you can submit a form yourself or make an oral request. For complex cases or high amounts, legal assistance is however recommended. A lawyer can help draft a strong claim and gather evidence.
Relevant locations in Utrecht:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht