Speaking Rights for Bereaved Relatives at Rijswijk District Court
As a resident of Rijswijk, the speaking rights for bereaved relatives give next of kin of a deceased victim the opportunity to speak personally during a criminal hearing at the Rijswijk District Court. This right emphasises the personal impact of the offence on the family and ensures your voice counts in the proceedings. It is an essential victim right under Dutch criminal law, particularly relevant for cases in our region.
What does the right to speak for bereaved relatives entail?
The speaking rights for bereaved relatives extend victim rights. In cases of fatal offences, certain family members may share their experiences of emotional and financial harm at Rijswijk District Court. This gives the judge a fuller picture of the human impact of the case, especially for families from Rijswijk.
During hearings in Rijswijk, bereaved relatives often speak about the loss of a loved one, disrupted family dynamics or prolonged grief. Unlike witness testimony, the right to speak focuses solely on the impact, not on evidence.
Legal basis for speaking rights of bereaved relatives
The foundation is in the Code of Criminal Procedure (Sv), particularly Article 51b Sv. For bereaved relatives, Article 51b(2) Sv grants the right to legally recognised next of kin. The Expansion of Speaking Rights Act (effective 1 January 2011) strengthened this, supported by Article 51a Sv for definitions and Article 51c Sv for invitations by Rijswijk District Court. Supreme Court rulings such as ECLI:NL:HR:2012:BX6534 confirm the priority of this right.
Who qualifies as a bereaved relative in Rijswijk?
Only specific next of kin qualify:
- Spouse or registered partner;
- Children, including stepchildren and foster children;
- Parents;
- Siblings or grandparents, if no closer relatives exist.
Rijswijk District Court decides based on closeness of relationship. Multiple speakers are possible, but time may be limited for efficiency.
Comparison of speaking rights for victims and bereaved relatives
| Aspect | Victims | Bereaved Relatives |
|---|---|---|
| Condition | Direct victim | Death due to offence |
| Legal provision | Art. 51b(1) Sv | Art. 51b(2) Sv |
| Content | Personal consequences | Consequences for next of kin |
| Application | Via Public Prosecution Service (OM) | Via Rijswijk District Court |
How to apply as a bereaved relative from Rijswijk?
- Contact the Public Prosecution Service: Verify your registration in the case file.
- Request at Rijswijk District Court: In writing or orally, before or during the hearing. Specify your relationship and content.
- Preparation: Invitation under Article 51c Sv. Prepare your statement.
Consult Juridisch Loket Rijswijk or a local lawyer for assistance, especially in complex Rijswijk cases.
Examples of speaking rights at Rijswijk District Court
Example 1: Road accident in Rijswijk
A partner describes at Rijswijk District Court how a collision on Haagweg tore the family apart: "My kids miss mum every day." This influences the sentence imposed.
Example 2: Violent crime
Parents of a victim from Rijswijk-Zuid discuss trauma and therapy costs, affecting the sentence and compensation.
Example 3: Multiple bereaved relatives
In cases of overlap, Rijswijk District Court selects speakers to avoid repetition.
Rights and obligations under speaking rights
Rights:
- Speak about impact, sentencing wishes and feelings.
- No oath or cross-examination.
- Support for limitations (interpreters, adjustments).
Obligations:
- Respect time limits and court order.
- Focus on consequences, not new evidence.
- Remain respectful to avoid interruption.
Frequently asked questions
Can I transfer my speaking rights?
Yes, in writing to another bereaved relative, but Rijswijk District Court decides.
Objection by defendant?
Objection possible, but your right takes precedence according to the court.
In youth cases?
Yes, with extra care for young defendants at Rijswijk District Court.
Written statement?
Yes, possible via Juridisch Loket Rijswijk; the judge will read it aloud.