As a victim of a criminal offence in Zoetermeer, you can join the criminal proceedings as the injured party to claim compensation. This is often a faster and more cost-effective option than initiating a separate civil action.
What does it mean to be an injured party?
An injured party is someone who has suffered damage as a result of a criminal offence and wishes to recover that damage during the criminal proceedings. This avoids the need for a separate legal proceeding outside the criminal case.
How can you join?
In Zoetermeer, you can register as an injured party in various ways:
- By completing the joinder form of the Public Prosecution Service (OM)
- Submitting in writing before the hearing at the District Court of The Hague
- Orally during the hearing, for simple claims
What damages can you claim?
You can claim the following types of damage:
- Material damage - Costs for stolen or damaged property, medical treatments, travel expenses
- Immaterial damage - Compensation for emotional pain, suffering or fear (pain and suffering compensation)
- Loss of income - Lost earnings due to incapacity for work as a result of injury
Evidence
To support your claim, you must provide evidence such as:
- Receipts and invoices for purchases
- Medical reports or statements
- Photos of the damage suffered
- Payslips in case of loss of income
Decision of the judge
The judge at the District Court of The Hague may decide to:
- Grant your claim in full or in part
- Dismiss your claim
- Declare you inadmissible if the case is too complex for the criminal proceedings
Compensation measure
Pursuant to Article 36f of the Criminal Code, the judge may impose a compensation measure. The offender must then pay the compensation to the State, which ensures that you receive the amount. In case of non-payment, the offender may be detained for up to one year.
Frequently Asked Questions about Injured Party in Zoetermeer
How do I register as an injured party?
You can register via the OM joinder form, by submitting a written request before the hearing, or orally during the hearing for simple cases. You can find the form on the OM website. Ensure you provide a clear substantiation and supporting documents such as invoices or medical records.
What damages can I claim in Zoetermeer?
You can claim material damage (such as costs for damaged goods or medical care), immaterial damage (pain and suffering compensation for emotional distress) and loss of income. Provide evidence such as receipts or salary specifications to support your claim.
What if my claim is rejected?
If the judge dismisses your claim, you cannot recover the damage through the criminal proceedings. You then still have the option to initiate a civil procedure. In case of inadmissibility due to complexity, you must also bring a separate action.
What does the compensation measure entail?
This measure (Article 36f Criminal Code) obliges the offender to pay the compensation to the State, which then pays the amount to you. In case of non-payment, the offender may be detained for up to one year, which simplifies the process for victims.
Do I need a lawyer in Zoetermeer?
For simple claims, a lawyer is not necessary; you can submit a form yourself or present your claim orally. For complex cases or high amounts, legal assistance via, for example, the Juridisch Loket Zoetermeer is advisable.