Injured Party Claim
As a resident of Den Haag, the injured party claim (VBp) offers victims of criminal offenses a direct way to seek compensation from the suspect at the The Hague District Court. This allows you to recover material costs, such as repairs or medical bills, and immaterial damages like pain and suffering, without starting a separate civil procedure. It's ideal for residents of Den Haag with straightforward claims, with fast processing within the criminal case.
Why File a VBp in Den Haag?
In Den Haag, as a victim, you want not only punishment for the perpetrator but also compensation for your damages. The VBp combines these goals: the judge at The Hague District Court rules on both guilt and compensation, saving time and money compared to a civil case. Handy for local incidents like traffic fines on the Utrechtsebaan or bike theft in the city center. Contact the Legal Aid Office Den Haag for free advice, or engage a personal injury lawyer for support.
Legal Basis of the VBp
The injured party claim is set out in the Code of Criminal Procedure (Sv), Articles 51a to 51f. Article 51a Sv allows injured parties to claim damages from a criminal offense. Specific requirements apply for admissibility at The Hague District Court.
- Art. 51b Sv: File in writing or orally at the hearing.
- Art. 51c Sv: Judge checks for simple proof and defensibility.
- Art. 51f Sv: Awarded judgment is directly enforceable against the suspect.
The Civil Code (BW), Art. 6:162, forms the basis for unlawful acts. The criminal court applies civil law standards to your claim.
Admissibility Requirements
Not all claims are suitable for a VBp in Den Haag. The judge applies three tests:
- Simple proof: Damages are evident from clear evidence like receipts or medical statements.
- Reasonable defense: The suspect can adequately defend themselves.
- No excessive complexity: The VBp must not delay the criminal procedure.
If rejected, the judgment has evidential value for a subsequent civil case (Art. 51e Sv). The Legal Aid Office Den Haag assists with next steps.
The Procedure in Den Haag Step by Step
Filing a VBp at The Hague District Court:
- Filing: At the police report in Den Haag or at the latest at the hearing. Use Public Prosecutor's forms or have your lawyer handle it.
- Legal Aid: Via the Legal Aid Board, often free for victims.
- Hearing: At The Hague District Court, you explain your claim; the prosecution and defense respond.
- Judgment: VBp awarded, rejected, or referred to civil court.
- Enforcement: Immediate attachment possible on the convicted person's assets.
Practical Examples from Den Haag
Example: A collision on the Laan van Wateringsveld due to reckless driving causes injury, car damage (€2,500), and care costs (€4,500). Your VBp for €7,000 plus €2,500 in pain and suffering is awarded based on police reports and invoices.
For a burglary at your home on the Weimarstraat with bike theft (€900): The material VBp succeeds, but a claim for emotional damages may be too complex and fail.
Rights and Obligations
Rights:
- Right to speak at the hearing (Art. 51b(2) Sv).
- Direct enforcement if awarded.
- Evidential value in civil proceedings if rejected.
Obligations:
- Substantiate damages precisely with evidence.
- Cooperate with the suspect's defense.
- Pay court costs if the claim is unfounded.
Comparison: VBp vs. Civil Procedure
| Aspect | VBp (The Hague District Court) | Civil Procedure |
|---|---|---|
| Speed | Fast, integrated in criminal case | Slow (1-3 years) |
| Costs | Low, with subsidy options | Higher, incl. court fees |
| Complexity | For simple cases | For all claims |
| Enforceability | Immediate upon judgment | After judgment and enforcement |
Frequently Asked Questions
Can I file a VBp without an arrest in Den Haag?
Yes, at the local police report or during the case. File in time at The Hague District Court.
What if damages are disputed?
The judge assesses evidence like bills. The suspect may respond; strong evidence often leads to success.
Pain and suffering via VBp in Den Haag?
Yes, in simple cases like whiplash from a Den Haag collision or visible scars. The Legal Aid Office Den Haag advises on feasibility.