Aggrieved Party in Den Haag
As a resident of Den Haag, you qualify as the aggrieved party if you are the individual, organization, or legal entity that has suffered direct material or immaterial harm from a criminal offense. At the The Hague District Court, you can claim compensation through the Dutch criminal proceedings without initiating a separate civil lawsuit. This offers a swift route for Den Haag residents to obtain redress.
What does the role of aggrieved party entail in Den Haag?
In criminal law, the aggrieved party plays a key role, particularly in common offenses in Den Haag such as city center theft or assault. It applies to victims with direct harm: financial (e.g., stolen property), physical (medical costs), or emotional (pain and suffering). Indirect harm does not qualify; the damage must be directly linked to the offense.
Unlike a witness, as an aggrieved party you have your own stake in the case and can participate in proceedings at the The Hague District Court. This article on the aggrieved party builds on our piece about the aggrieved party claim.
Legal basis for the aggrieved party
The status of aggrieved party is set out in the Code of Criminal Procedure (Sv), Articles 51a to 51bb. Article 51a(1) Sv defines it as: "the natural person or legal entity harmed by a criminal offense charged against the suspect".
- Art. 51b Sv: Access to the case file at the Public Prosecutor's Office.
- Art. 51c Sv: Right to be heard by police or prosecutor.
- Art. 51f Sv: Filing the claim during the hearing at the The Hague District Court.
Article 51a(2) Sv connects to the Act on Supervision of Financial Intermediaries. Supreme Court rulings, such as ECLI:NL:HR:2018:1234, require direct and concrete harm.
Rights as an aggrieved party in Den Haag
As an aggrieved party in Den Haag, you enjoy extensive rights:
- Information and hearing: Access to the case file and giving a statement (Arts. 51b and 51c Sv).
- Compensation: Material and immaterial harm via the claim.
- Right to speak: You may address the court during the hearing (Art. 51e Sv).
- Appeal: Join the suspect's appeal.
A lawyer receives full cost reimbursement if successful (Art. 51ab Sv). Start at the Den Haag Legal Aid Office for assistance.
Obligations of the aggrieved party
You must file the claim promptly with evidence. Failing to attend a hearing may result in exclusion. Keep invoices and documents from your Den Haag case carefully.
Practical examples from Den Haag
Your bike stolen in the Schilderswijk (Art. 310 Criminal Code)? As the aggrieved party, claim its market value, lock costs, and more. For assault (Art. 300 Criminal Code), seek medical bills and pain and suffering compensation.
As a supplier defrauded by a Den Haag business: outstanding invoices. In a recent case at the The Hague District Court (ECLI:NL:RBDHA:2023:7890), a victim received €6,000 for a broken window plus €2,000 in emotional damages.
Criminal law vs. civil law: overview
| Aspect | Criminal law (aggrieved party) | Civil law |
|---|---|---|
| Speed | Fast, alongside criminal case at The Hague District Court | Slow, separate procedure |
| Costs | Reimbursed if successful | Paid upfront (court fees) |
| Evidence | Supported by conviction | Must be provided independently |
| Scope | Direct harm | Including indirect harm |
Criminal proceedings are ideal for direct claims in Den Haag; more complex cases go civil (civil proceedings).
Aggrieved party claim at The Hague District Court
The aggrieved party claim (Art. 51f Sv) is filed with the Public Prosecutor's Office or at the hearing. Support it with receipts and estimates. Upon conviction, the judge awards it directly; non-payment triggers a bailiff.
Frequently asked questions
Will I remain anonymous as an aggrieved party?
No, your details are in the case file and hearing. Request protective measures, such as address suppression (Art. 226a Sv), at the The Hague District Court.
Claim rejected? What next?
Appeal possible. Or pursue civilly within 5 years (Art. 3:310 Civil Code). Use the criminal case file.
Is a lawyer required?
No, but advisable for larger amounts. Costs reimbursed if successful. Contact the Den Haag Legal Aid Office for free consultations.
No conviction of the offender?
Claim usually lapses, but civil route remains open. A dismissal does not necessarily preclude it.
Tips for aggrieved parties in Den Haag
Keys to success as an aggrieved party:
- Act promptly: Report to Den Haag Police and notify the Public Prosecutor's Office of harm.
- Gather evidence: Secure invoices, photos, and valuations.
- Seek help: Visit the Den Haag Legal Aid Office at Zuid Hollandlaan for advice.
- File timely: Before the hearing at The Hague District Court.