In Westland, victims and next of kin have the opportunity to speak during a criminal hearing about the impact of an offence. This right, known as the right to speak, is legally established and is being applied more extensively.
What does the right to speak entail?
The right to speak (articles 51e-51f of the Code of Criminal Procedure) gives victims the opportunity in court, in the presence of the judge, the suspect and the public, to tell what consequences the offence has had on their life.
Who can make use of the right to speak?
- The victim themselves
- Next of kin (in case of death of the victim)
- A legal representative (for minors)
- Maximum three persons on behalf of the victim
For which offences does this right apply?
The right to speak applies to offences with a possible prison sentence of 8 years or more, and to specific serious offences such as:
- Violent offences
- Sexual offences
- Human trafficking
- Stalking
What may you talk about?
During the right to speak, you may speak about:
- The influence of the offence on your personal life
- Physical and mental consequences
- Impact on work, family and daily activities
- Since 2016: your view 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.
Alternative: Written statement
If you do not want or are unable to speak yourself, you can submit a written victim statement. This can be read out by the judge or read independently during the hearing.
Frequently Asked Questions about the Right to Speak in Westland
How do I register for the right to speak?
To make use of the right to speak, you must indicate this in time to the public prosecutor or the District Court of The Hague. This can be done in writing or orally, ideally before the hearing. During the hearing, you speak after the evidence phase. You can also have someone else speak on your behalf (maximum three persons).
Can I give my opinion on the sentence?
Yes, since 2016 it is possible to give your opinion on the desired sentence. This may concern, for example, the length of the sentence or additional measures such as a contact ban. The judge takes your input into account, but is not obliged to adopt it.
What if I am too emotional to speak?
If you cannot speak yourself, you can submit a written statement to be read out by the judge or another person. You can also ask a family member, friend or lawyer to speak on your behalf. Consult this in advance with the court.
Do next of kin also have the right to speak?
Yes, if the victim has died, next of kin such as partners, children and parents also have the right to speak. They can talk about the impact of the loss. Maximum three persons may speak.
Can the suspect respond to my story?
No, the suspect or their lawyer may not respond directly to your statement. However, the lawyer may later in the process, for example during the defence plea, address your words. The judge may ask questions for explanation.
For legal support in Westland, you can contact the Juridisch Loket Westland. Hearings often take place at the District Court of The Hague, under which Westland falls.