Redress for tort related crime through criminal proceedings

Criminal justice proceedings / Criminal trial

Redress for tort related crime through criminal proceedings

A survey into theory and practice of the (Dutch) adhesion procedure (full text only available in Dutch)

Summary

The central research question is as follows: How is victim compensation currently organised as part of criminal proceedings in terms of judicial decision‐making and what are the outcomes?

This central question was divided into several sub‐questions:

  1. Which arrangements have been made to support the crime victim in lodging a civil claim in the context of the procedure under Section 51f DCCP?
  2. What is the number of claims filed on an annual basis and how does this relate to the total number of criminal cases handled annually?
  3. Based on the available data, which criteria apply regarding both the number and type of cases in which a civil claim is found to be admissible or inadmissible (wholly or partially)?
  4. Given that civil compensation appears to be feasible due to the nature of the case assessed, what considerations underlie the advice of the Prosecution Service and the court’s verdict, respectively?
  5. Have the bottlenecks found in 2007 been solved, and if so, to what extent? Have new problems occurred?
  6. What steps could be taken to promote the admissibility of civil claims which are presently found inadmissible (wholly or partially)? Which adaptations with regard to the assessment of the claim of the injured party would this require?

Index

 

Publication data

Author(s):
Kool, R.S.B., Backers, P., Emaus, J.M., Kristen, F.G.H., Pluimer, O.S., Uhm, D.P. van, Gelder, E.M. van
Organization(s):
University Utrecht - Utrecht Centre for Accountability and Liability Law (UCALL), WODC
Place of publication:
Utrecht
Publisher:
Ucall (Utrecht Centre for Accountability and Liability Law)
Year of publication:
2016

Order information

Address:
Universiteit Utrecht -Utrecht Centre for Accountability and Liability Law (Ucall)
Phone:
(0)30 – 253 7708
E-mailaddress:
UCALL@uu.nl
Website:
http://ucall.rebo.uu.nl