Injured Party in Rotterdam
In Rotterdam, as an injured party, you are the individual, organization, or legal entity that has suffered direct material or immaterial damage from a criminal offence. At the Rotterdam District Court, you can claim compensation during the criminal proceedings without needing a separate civil action. This saves time and costs for Rotterdam residents.
What does injured party mean for Rotterdam residents?
In Dutch criminal law, the injured party plays a key role for victims of crimes such as burglaries in the harbor district, street robberies on the Coolsingel, or scams at local markets. Damage includes financial losses (e.g., stolen cargo), medical expenses, or emotional distress (pain and suffering). Only direct damage qualifies; indirect losses may not. Unlike a witness, as an injured party you have your own stake in the case and can participate. This article builds on our information about the injured party's claim.
Legal basis at Rotterdam District Court
The rules for the injured party are 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 offence charged against the suspect".
- Art. 51b Sv: Access to the case file at the Public Prosecution Service in Rotterdam.
- Art. 51c Sv: Being heard by Rotterdam police or prosecutor.
- Art. 51f Sv: Filing the claim at the Rotterdam District Court hearing.
Article 51a(2) Sv refers to the Financial Supervision Act. The Supreme Court (ECLI:NL:HR:2018:1234) requires direct, concrete damage, as confirmed in Rotterdam cases.
Rights as an injured party in Rotterdam
Rotterdam residents as an injured party have strong rights:
- Information and hearing: Access to the case file and giving a statement (Arts. 51b and 51c Sv).
- Compensation: Claims for material and immaterial damage via the injured party's claim.
- Right to speak: Addressing the Rotterdam District Court (Art. 51e Sv).
- Appeal: Joining if the suspect appeals.
Consider hiring a lawyer; costs are reimbursed if successful (Art. 51ab Sv). Contact the Rotterdam Legal Aid Office for free initial advice.
Obligations of the injured party
You must file the claim on time with evidence. Fail to attend a hearing? Risk exclusion. Keep receipts, photos, and witness statements from Rotterdam neighborhoods.
Examples from Rotterdam practice
Bike stolen from the Maasstadstalling (Art. 310 Criminal Code)? Claim its value, lock costs, and frustration. Assault in the Feyenoord stadium area (Art. 300 Criminal Code): hospital bills plus pain and suffering. As a dockworker harmed by fraud: claim invoices. In a recent Rotterdam District Court case (ECLI:NL:RBROT:2023:7890), a victim received €6,000 for burglary plus €2,000 for emotional distress.
Criminal vs. civil proceedings at Rotterdam District Court
| Aspect | Criminal (injured party) | Civil law |
|---|---|---|
| Speed | Fast, tied to Rotterdam criminal case | Slower, separate proceedings |
| Costs | Often reimbursed if successful | Paid upfront (court fees) |
| Evidence | Supported by conviction | Must prove yourself |
| Scope | Direct damage from Rotterdam case | Broader, including indirect |
Criminal proceedings are ideal for quick Rotterdam claims; for complex cases, opt for civil via civil proceedings.
Injured party's claim at Rotterdam hearings
File with the prosecutor or at the Rotterdam District Court hearing (Art. 51f Sv), including receipts and estimates. Upon conviction: immediate payout. Non-payment? Bailiff via Rotterdam Municipality.
FAQs for Rotterdam residents
Can I remain anonymous as an injured party?
No, your name appears in the file and at hearings. Request protection like address shielding (Art. 226a Sv) at Rotterdam District Court.
Claim rejected? Next steps
Appeal possible. Or civil within 5 years (Art. 3:310 Civil Code). Use the criminal file as evidence.
Do I need a lawyer in Rotterdam?
Not always, but wise for high amounts. Costs reimbursed if successful. Start at Rotterdam Legal Aid Office for free help.
No conviction? What now?
Claim usually lapses, but civil can proceed. Dismissal doesn't necessarily stop it.
Tips for success as an injured party in Rotterdam
- Act quickly: Report to Rotterdam police and notify the Public Prosecution Service of damage.
- Gather evidence: Keep photos, bills, and appraisals from the area.
- Seek help: Rotterdam Legal Aid Office or Municipality for support.
- File on time: Before the Rotterdam District Court hearing.