Compensation Fund Eligibility Criteria for Den Haag
The Compensation Fund eligibility criteria outline the requirements for victims of violent crimes in Den Haag to receive financial support from the Violence Crimes Compensation Fund. This fund assists Den Haag residents with serious injuries or surviving family members of deceased victims, especially when the perpetrator fails to pay. In Den Haag, you can obtain free advice on your application at the Juridisch Loket Den Haag.
What is the Compensation Fund for Residents of Den Haag?
The Violence Crimes Compensation Fund provides government support to victims of serious violent offenses, such as those in the Den Haag city center or neighborhoods like Schilderswijk. The criteria are set out in the law and are essential for your application to the Rechtbank Den Haag. This article explains what Den Haag residents need to know to claim a payment.
Legal Basis in Relation to Den Haag
The eligibility criteria derive from the Act on Compensation for Victims of Violent Crimes (WTSGV, effective 1 January 2014). Relevant articles:
- Article 1 paragraph 2 WTSGV: Violent crimes such as murder, manslaughter, assault or rape, often handled by the Rechtbank Den Haag.
- Article 3 WTSGV: Compensation for serious injury or death.
- Article 4 WTSGV: Minimum disability of 17% based on the List of Injury Severity Indices.
- Article 5 WTSGV: Exclusion if perpetrator pays or due to victim's own fault.
- Article 8 WTSGV: Application within 3 years of the offense.
The fund fills gaps in criminal and civil law remedies. The Ministry of Justice and Security oversees it through an Executive Board, with local coordination involving the Rechtbank Den Haag and the Municipality of Den Haag.
Key Criteria for Den Haag Residents
You must meet all criteria to qualify for a payment. Overview:
- Violent Crime in the Netherlands: Committed in Den Haag or elsewhere, as defined in art. 1 WTSGV.
- Serious Harm: At least 17% disability or death, determined using medical records.
- Criminal Investigation: Report filed with Den Haag police, with ongoing or concluded proceedings (conviction by Rechtbank Den Haag, dismissal or discharge).
- No Other Compensation: Only if perpetrator is insolvent; pain and suffering awards are deducted.
- Timely Application: Within 3 months of Rechtbank Den Haag judgment or dismissal, maximum 3 years after the incident.
- No Victim Fault: Provocation may result in reduction or rejection.
Note: Surviving family members in Den Haag benefit from relaxed rules in cases of death.
Comparison of Payments in Den Haag
| Aspect | Victim with Injury | Surviving Family on Death |
|---|---|---|
| Maximum Payment | €35,000 (material + immaterial) | €75,000 (grief + costs) |
| Disability Requirement | Min. 17% | Not applicable |
| Application Period | 3 years after offense | 3 years after death |
| Cost Examples | HMC hospital, therapy, lost income | Funeral, loss of income |
Practical Examples from Den Haag
Example 1: Assault in Den Haag
Jan de Vries (35) is assaulted in the Scheveningse harbor and sustains a whiplash with 25% disability. Perpetrator convicted by Rechtbank Den Haag but does not pay. Jan applies via Juridisch Loket Den Haag and receives €20,000 for care and pain and suffering.
Example 2: Surviving Family in Den Haag Neighborhood
After a stabbing in Transvaal, father Ahmed passes away. His family receives €50,000: €15,000 grief compensation per child plus funeral costs. Condition: Police investigation initiated, no perpetrator payment.
Example 3: Rejection
Domestic violence victim with 10% disability does not meet 17% threshold. Rejected, but referred to Victim Support and Juridisch Loket Den Haag.
Rights and Obligations for Applicants in Den Haag
Rights:
- Free application via schadefonds.nl or Juridisch Loket Den Haag.
- Objection/appeal on rejection (art. 10 WTSGV).
- Advance payment in urgent cases.
Obligations:
- Submit police report, medical reports and Rechtbank Den Haag case file.
- Repay if later compensated by perpetrator.
- No duplicate claims.
Frequently Asked Questions for Den Haag
Am I eligible if the perpetrator is unknown?
Yes, with a criminal investigation and dismissal due to unknown perpetrator, after filing a report with Den Haag police.
What if disability is below 17%?
Rejection. Consider civil proceedings via Rechtbank Den Haag or other funds such as the Act on Compensation for Moral Damages.
How long does the decision take?
Average 6 months. Advance possible for lengthy procedures; consult Juridisch Loket Den Haag.