In Zoetermeer, victims and next of kin have the opportunity to speak during a criminal hearing about the impact of a crime. This right, also known as the right to speak, is enshrined in law and is being expanded further.
What does the right to speak entail?
The right to speak (Articles 51e-51f of the Code of Criminal Procedure) gives victims the chance to tell the court, in the presence of the defendant and the public, what consequences the crime has had on their life.
Who can exercise the right to speak?
- The victim themselves
- Next of kin (in case of the victim's death)
- A legal representative (for minors)
- Maximum of three persons speaking on behalf of the victim
For which crimes does this right apply?
The right to speak applies to crimes with a penalty threat of 8 years or more, and to specific serious offences such as:
- Violent crimes
- Sexual offences
- Human trafficking
- Stalking
What may you talk about?
As a victim, you may speak about:
- The impact of the crime on your personal life
- Physical and mental consequences
- Impact on work, relationships and daily activities
- Since 2016: your opinion on the desired sentence
How does the process work?
The right to speak is exercised during the hearing, after the evidence phase and before the prosecutor's requisition. The judge may ask questions, but the defence may not respond directly.
Written statement as an alternative
If you do not want or are unable to speak yourself, you can submit a written victim statement. This will be read or read out by the judge during the hearing.
Frequently asked questions about the right to speak
How do I register for the right to speak in Zoetermeer?
You can apply for your right to speak with the public prosecutor or the District Court of The Hague, under which Zoetermeer falls. This can be done in writing or orally, ideally before the hearing. During the hearing, you speak after the evidence phase. For assistance, you can contact the Juridisch Loket Zoetermeer.
Can I give my opinion on the sentence?
Yes, since 2016, as a victim you may share your view on the desired sentence, such as the length or additional conditions. The judge takes this into account, but is not obliged to follow your proposal.
What if I am too emotional to speak?
If speaking is too difficult, you can submit a written statement that the judge (or someone else) reads out. You can also have someone else, such as a family member or lawyer, speak on your behalf after consultation with the court.
Does the right to speak also apply to next of kin?
Yes, in the event of the victim's death, next of kin, such as immediate family, may speak about the impact of the loss. A maximum of three persons may do so on their behalf.
Can the defendant respond to my statement?
No, the defendant or their lawyer may not respond directly to your statement. However, the lawyer may address your words later in the process, for example during the plea. The judge may ask questions for clarification.