Victims and next of kin in Leiden have the opportunity to speak during a criminal hearing about the impact of a crime. This right, known as the right to speak, is legally established and is being further developed.
What does the right to speak entail?
The right to speak (arts. 51e-51f CCP) gives victims the chance to tell the court, in the presence of the judge, the defendant, and listeners, what consequences the crime has had on their life.
Who can make use of this right?
- The victim themselves
- Next of kin (in case of the victim's death)
- A legal representative (for minors)
- Maximum three persons 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 offenses such as:
- Violent offenses
- Sexual offenses
- Human trafficking
- Stalking
What may you share?
As a victim, you may speak about:
- The influence of the crime on your personal life
- Physical and mental consequences
- Impact on work, social contacts, and daily routine
- Since 2016: your view on the desired sentence
How does the process work?
The right to speak is exercised during the hearing, after the evidence presentation and before the prosecutor's indictment. The judge may ask questions for clarification, but the defense may not respond directly.
Written statement as an alternative
If speaking in court is not possible or feels too burdensome, you can submit a written victim statement. This can be read aloud by the judge or read silently.
Frequently Asked Questions about the Right to Speak in Leiden
How do I register for the right to speak?
To make use of your right to speak, you must indicate this in time to the public prosecutor or the court, preferably before the hearing. This can be done either in writing or orally. During the hearing, you speak after the evidence presentation. You can also have someone else speak on your behalf (maximum three persons).
Can I give my opinion on the sentence?
Yes, since 2016, as a victim, you may share your view on the sentence you find appropriate. This may concern the length of the sentence or additional measures such as a contact ban. The judge takes this into account but is not obliged to adopt your suggestion.
What if I cannot speak myself due to emotions?
If you are unable to speak yourself, you can submit a written statement to be read aloud by the judge or another person. You can also ask a family member, friend, or lawyer to speak on your behalf. Consult this in advance with the court.
Do next of kin also have the right to speak?
Yes, in the event of the victim's death, next of kin such as partners, parents, children, and siblings have the right to speak. They can talk about the impact of the loss. Maximum three persons may speak.
Can the defendant respond to my statement?
No, the defendant or their lawyer may not respond directly to your right to speak statement. However, the lawyer may address the content later in the process, for example during the defense plea. The judge may ask questions for clarification.
Relevant locations in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46