Victims of criminal offences in Westland can join criminal proceedings as the injured party to claim compensation. This process is often faster and more cost-effective than initiating a separate civil action.
What does injured party mean?
An injured party is a victim who has suffered damage as a result of a criminal offence and wishes to recover it during the criminal proceedings. This avoids the need for a separate legal proceeding outside the criminal case.
How can I join?
Joining as an injured party can be done in several ways:
- By completing a joinder form via the Public Prosecution Service (OM)
- Submitting in writing before the court hearing
- Orally during the hearing, for simple claims
What damage can I claim?
The following types of damage are eligible:
- Material damage - Costs for stolen or damaged property, medical expenses, travel costs
- Immaterial damage - Compensation for emotional pain, grief or fear
- Loss of income - Lost earnings due to injury or disability for work
Burden of proof
The injured party must substantiate the damage with evidence, such as:
- Receipts and invoices
- Medical reports
- Photos of the damage
- Payslips in case of loss of income
Judgment of the judge
The judge has several options:
- To grant the claim in full or in part
- To reject the claim
- To declare the injured party inadmissible if the case is too complex for criminal proceedings
Compensation measure
The judge may impose a compensation measure (Article 36f of the Criminal Code). The convicted person must then pay the compensation to the State. In case of non-payment, detention may follow, with a maximum of one year.
Frequently asked questions about the injured party in Westland
How do I join as an injured party in a criminal case?
You can join via the OM form, by a written request before the hearing or orally during the hearing in simple cases. Ensure clear substantiation and evidence, such as invoices or medical documents. Timely submission is important so that the judge can handle your case.
What damage can I recover as an injured party?
You can claim material damage (such as costs for damaged goods or medical care), immaterial damage (compensation for emotional impact) and loss of income (due to disability for work). Evidence is essential, think of receipts, reports or payslips. The judge determines whether the damage is directly related to the offence.
What if my claim is rejected?
If rejected, you cannot recover the damage via the criminal case. You then still have the option to start a civil action. If the judge finds your case too complex, you will be declared inadmissible and must initiate a separate proceeding.
What does the compensation measure entail?
With this measure (Article 36f of the Criminal Code), the judge obliges the convicted person to pay the compensation to the State, which then pays it out to you. In case of non-payment, the convicted person may be detained for up to one year. This system relieves victims of the collection burden.
Is a lawyer needed to join as an injured party?
In simple cases, a lawyer is not necessary; you can submit a form yourself or make your claim orally. For complex cases or high amounts, legal assistance is however recommended. A lawyer can help in drafting and substantiating your claim.
Relevant authorities in Westland: For legal support, you can contact the Juridisch Loket Westland. Criminal cases fall under the District Court of The Hague (district).