Victims of criminal offences in the Leiden region can join a criminal case as the injured party to claim compensation. This process is often faster and more cost-effective than initiating a separate civil case.
Who is the injured party?
The injured party is the victim who has suffered damage as a result of a criminal offence and wishes to recover this damage during the criminal proceedings. This avoids the need for a separate legal procedure.
How can I join in Leiden?
Joining as the injured party can be done in several ways:
- By completing the joining form of the Public Prosecution Service (OM)
- Submitting in writing before the hearing date
- Orally during the hearing, if it concerns a simple claim
What damage can I claim?
In a criminal case, you can claim various types of damage:
- Material damage - Costs for stolen or damaged property, medical expenses, travel costs
- Immaterial damage - Compensation for emotional impact, such as pain or fear
- Loss of income - Lost wages due to incapacity for work as a result of injury
Burden of proof
It is important to substantiate your damage claim with evidence, such as:
- Receipts and invoices
- Medical reports
- Photos of the damage suffered
- Overviews of loss of income, such as payslips
Decision of the judge
The judge in Leiden can make various decisions regarding your claim:
- Grant the claim in full or in part
- Reject the claim
- Declare you inadmissible if the case is too complex for criminal proceedings
Compensation measure (article 36f Sr)
The judge may impose a compensation measure, whereby the convicted person pays the compensation to the State. In the event of non-payment, the convicted person may be detained for up to one year.
Contact and Support in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles criminal cases in which you can join as the injured party.
Frequently Asked Questions about the Injured Party in Leiden
How do I join as the injured party in a criminal case?
You can register via the OM joining form, in writing before the hearing or orally during the hearing for simple claims. Ensure clear substantiation with supporting documents and submit your request in time via the OM website or at the court in Leiden.
What damage can I recover as a victim?
You can claim material damage (such as costs for damaged goods or medical care), immaterial damage (such as compensation for emotional pain) and loss of income. Provide evidence such as invoices or medical documents to strengthen your case.
What if my claim is rejected?
If the judge rejects your claim, you can still demand compensation via a civil procedure. In case of inadmissibility due to complexity, you must also initiate a separate case.
How does the compensation measure work?
This measure obliges the convicted person to compensate your damage via the State. In the absence of payment, detention of up to one year may be imposed. The State handles the collection, which simplifies the process for victims.
Is a lawyer needed for my claim?
For simple cases, a lawyer is not required; you can submit a form yourself or explain your case orally. For complex claims or high amounts, legal assistance, for example via the Juridisch Loket Leiden, is recommended.