Injured Party in Amsterdam
In Amsterdam, as an injured party, you are the person, organization, or legal entity that suffers direct material or immaterial damage from a criminal offense. At the Amsterdam District Court, you can claim compensation during the criminal proceedings without initiating a separate civil action. This offers a fast track for Amsterdammers affected by crime in the city.
What does injured party mean for Amsterdammers?
In Dutch criminal law, the injured party plays a key role for victims of offenses such as bike theft in the canal district, assault in the nightlife scene, or scams on Marktplaats. Damage includes financial losses (e.g., stolen property), medical expenses, or emotional distress (pain and suffering). Only direct victims qualify; indirect damage does not count. Unlike a witness, as an injured party you have your own interest in the case and can participate. This article builds on our guide to the injured party claim.
Legal basis at Amsterdam 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 offense charged against the suspect". These cases are handled daily at the Amsterdam District Court.
- Art. 51b Sv: Access to the case file at the Public Prosecution Service in Amsterdam.
- Art. 51c Sv: Interview by Amsterdam police or prosecutor.
- Art. 51f Sv: Filing the claim during the hearing at Amsterdam District Court.
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 Amsterdam cases.
Rights as an injured party in Amsterdam
As an injured party in the Amsterdam region, you enjoy robust rights:
- Information and interview: 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 claim.
- Right to speak: You address the court during the hearing (Art. 51e Sv).
- Appeal: Join the suspect's appeal at the Amsterdam Court of Appeal.
Consider hiring a lawyer; costs are reimbursed if successful (Art. 51ab Sv). Start at the Amsterdam Legal Aid Office for a free intake.
Obligations for injured parties in Amsterdam
You must file the claim on time with evidence. Failure to attend an interview may result in exclusion. Keep receipts, photos, and witness statements. Contact the Municipality of Amsterdam for possible victim support.
Amsterdam case examples
Your bike stolen in Oost (Art. 310 Criminal Code)? Claim its value, lock costs, and frustration. For assault on Rembrandtplein (Art. 300 Criminal Code), seek medical costs and pain and suffering. As a business owner in the Jordaan defrauded? Demand reimbursement of invoices.
In a recent case at Amsterdam District Court (ECLI:NL:RBAMS:2022:4567), a victim received €5,000 for stolen bikes and €1,500 in pain and suffering.
Criminal law vs. civil law at Amsterdam District Court
| Aspect | Criminal law (injured party) | Civil law |
|---|---|---|
| Speed | Fast, tied to criminal case at Amsterdam District Court | Slower, separate summons |
| Costs | Reimbursed if successful | Court fees paid upfront |
| Evidence | Supported by conviction | Must prove yourself |
| Scope | Direct damage | Includes indirect claims |
Criminal proceedings are ideal for Amsterdam thefts; more complex cases go civil (civil proceedings).
Injured party claim at Amsterdam hearings
File with the prosecutor or at the hearing (Art. 51f Sv). Support with receipts and estimates. Upon conviction, the judge awards payment directly; otherwise, use the Amsterdam Judicial Collection Department bailiff.
FAQs for Amsterdammers
Can I remain anonymous as an injured party?
No, your details are in the case file. Request redaction at Amsterdam District Court (Art. 226a Sv), e.g., address blocking.
Claim rejected? Next steps
Appeal possible. Or civil action within 5 years (Art. 3:310 Civil Code). Use the criminal file as evidence. Consult Amsterdam Legal Aid Office.
Is a lawyer required in Amsterdam?
No, but advisable for high amounts. Costs recoverable if successful. Call Amsterdam Legal Aid Office for free consultation.
No conviction, what now?
Claim usually lapses, but civil action possible. Prosecution dismissal by Amsterdam Public Prosecution Service does not necessarily stop it.
Tips for success as an injured party in Amsterdam
- Act quickly: Report to Amsterdam police station and notify the Public Prosecution Service of damage.
- Gather evidence: Save photos, bills, and appraisals.
- Seek help: Amsterdam Legal Aid Office or Victim Support via Municipality of Amsterdam.
- Meet deadlines: File claim before the hearing at Amsterdam District Court.