In Rijswijk, victims and next of kin have the right to speak during a criminal hearing about the impact of an offence. This right, known as the right to speak (spreekrecht), is legally enshrined and is continually being further developed to give victims a voice.
What does the right to speak entail?
The right to speak (art. 51e-51f CCP) gives victims the opportunity during the hearing to inform the judge, the suspect and those present about how the offence has affected their life.
Who can make use of the right to speak?
- The victim personally
- Next of kin (in case of the victim's death)
- A legal representative (for example, in the case of minors)
- Maximum of three persons may speak on behalf of the victim
For which offences does this right apply?
The right to speak applies to offences carrying 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?
As a victim, you may speak about:
- The personal impact of the offence
- Physical and mental consequences
- Effects on work, social contacts and daily functioning
- 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 stage and before the prosecutor's indictment. The judge may ask questions for clarification, but the defence may not respond directly.
Alternative: Written statement
If speaking at the hearing is not possible, you may submit a written victim statement. This may be read aloud by the judge or read silently.
Frequently asked questions about the right to speak in Rijswijk
How do I register that I wish to make use of my right to speak?
In Rijswijk, you must submit your request in good time to the public prosecutor or the District Court of The Hague. This can be done either in writing or orally, ideally before the hearing. During the hearing, you will be given speaking time after the evidence stage. You can speak yourself or engage someone else (maximum of three persons).
Can I give my opinion on the sentence?
Yes, since 2016, as a victim you may share your opinion on the desired sentence, including any additional sanctions such as a contact ban. The judge will take this into account, but is not obliged to follow your suggestion.
What if I am too emotional to speak?
If you cannot speak yourself, you may submit a written statement to be read aloud by the judge or another person. You may also have a family member or lawyer speak on your behalf. Discuss this in advance with the court.
Do next of kin also have the right to speak?
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 story?
No, the suspect or their lawyer may not respond directly during your right to speak. However, the lawyer may address your statement later in the process, for example during the defence plea. The judge may ask you questions for explanation.