Victims of criminal offences in Rijswijk can join a criminal case as the injured party to claim compensation. This is often a faster and cheaper option than initiating a separate civil action.
What does the injured party entail?
The injured party is the victim who has suffered damage as a result of a criminal offence and wishes to recover this damage through the criminal proceedings. By joining the criminal case, a separate legal procedure is not required.
How can I join?
Joining as the injured party can be done in several ways:
- Via the official joinder form of the Public Prosecution Service (OM)
- By submitting a written request before the hearing
- Orally during the hearing, for simple claims
What damage can I claim?
The following types of damage can be claimed:
- Material damage - Costs for stolen or damaged property, medical expenses, travel costs
- Immaterial damage - Compensation for pain and suffering for emotional impact such as pain or fear
- Loss of income - Lost earnings due to injury or incapacity for work
Evidence
The damage claim must be supported by evidence, such as:
- Receipts and invoices for purchases or repairs
- Medical reports or statements
- Photos of the damage caused
- Payslips in case of loss of income
Decision 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
Pursuant to Article 36f of the Criminal Code, the judge may impose a compensation measure. The convicted person then pays to the State, which disburses the amount to the victim. In case of non-payment, detention (maximum 1 year) may be imposed.
Frequently asked questions about the injured party in Rijswijk
How do I join as the injured party in a criminal case?
You can join via the OM joinder form, by submitting a written request before the hearing or by doing so orally during the hearing in simple cases. The form can be found on the OM website. Ensure a clear description of your claim and attach evidence, such as invoices or medical documents. Do this in good time to have your case included.
What damage can I recover as the injured party?
You can claim material damage (such as costs for damaged goods or medical care), immaterial damage (compensation for pain and suffering for emotional pain) and loss of income (due to incapacity for work). Substantiate your claim with evidence such as receipts, reports or payslips. The judge determines whether the damage is directly related to the offence.
What if the judge does not grant my claim?
If your claim is rejected, you cannot recover the damage through the criminal proceedings. You still have the option to initiate a civil action. In case of inadmissibility (if the case is too complex), you must also start a separate procedure.
How does the compensation measure (art. 36f Criminal Code) work?
The judge may order the convicted person to pay the compensation to the State, which then disburses it 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 handles the collection.
Is a lawyer needed to join as the injured party?
For simple claims, a lawyer is not required; you can fill out the form yourself or submit your claim orally. For complex cases or high amounts, legal assistance is however recommended. Contact the Juridisch Loket Rijswijk for advice or support.
For more information or assistance in Rijswijk, you can go to the Juridisch Loket Rijswijk. Cases are handled by the District Court of The Hague, under which Rijswijk falls.