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Claiming damages from the offender

Netherlands

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Netherlands

How can I claim damages or other means of redress/satisfaction from an offender in a trial (criminal proceedings), and who should I address this claim to?

Compensation can be claimed during the criminal proceedings.

At which point in the criminal proceedings should I present a claim?

Information and advice on this matter can be obtained from Victim Support Netherlands (Slachtofferhulp Nederland).

What can I ask for in the claim and how should I present it (indicate a total amount and/or specify the individual losses, lost profits and interest)?

Information and advice on this matter can be obtained from Victim Support Netherlands.

Is there a specific form for such claims?

Information and advice on this matter can be obtained from Victim Support Netherlands.

What evidence do I need to present to support my claim?

Information and advice on this matter can be obtained from Victim Support Netherlands.

Are there court fees or other costs linked to my claim?

Information and advice on this matter can be obtained from Victim Support Netherlands.

Can I get legal aid before and/or during the proceedings? Can I get it if I'm not living in the country where the proceedings take place?

Information and advice on this matter can be obtained from Victim Support Netherlands.

When would the criminal court dismiss or refuse to adjudicate on my claim against the offender?

Information and advice on this matter can be obtained from Victim Support Netherlands.

Can I appeal against such a decision or seek other means of redress/satisfaction?

Yes.

If I am awarded damages by the court, how do I ensure the judgment is enforced against the offender and what help can I get to ensure this?

Since 2011, victims of a violent or sex crime and surviving relatives have been able to get an advance on the compensation in certain cases. Such an advance has also been available to victims of other crimes since 1 January 2016. Have you been the victim of a violent or sex crime? If so, you can receive the full amount of your compensation as an advance.

Have you been the victim of another type of crime? In that case you can receive no more than €5 000.00 as an advance. You can find out more about this at https://www.cjib.nl/en.

Last update: 18/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

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