Commissioned by the Dutch Council for the Judiciary, Marnix Hebly, Associate Professor of Private Law at Erasmus School of Law, and Siewert Lindenbergh, Professor of Private Law at the same institution, have conducted research into how standardisation can contribute to better handling of compensation claims in criminal proceedings. The research resulted in the report Doen wat kan (Doing What’s Possible). The project was funded by the Ministry of Justice and Security.
The impetus for this research stems from the recommendations of the Committee for the Review of the Compensation System for Victims of Crime (the Donner Committee). This committee concluded that the handling of compensation claims within criminal proceedings requires improvement. In response, the former Minister for Legal Protection (now the State Secretary for Legal Protection) adopted ‘standardisation and norm-setting’ as the proposed course of action. This approach is expected to have a direct positive impact on legal certainty and consistency, and enjoys broad support among the relevant chain partners.
The role of norm-setting in the assessment of compensation claims
Against this background, the key question is how norm-setting could enhance the assessment of compensation claims in criminal proceedings. The basic principle is that the criminal court rules according to the standards of substantive civil compensation law, within the established civil legal framework. The researchers therefore identify the challenges that arise from dealing with civil law compensation claims within criminal proceedings, and explore how these might be alleviated through more precise norm-setting.
Towards a clearer framework for compensation in criminal law
The report culminates in eleven recommendations, focusing on three key areas: first, clarifying the substantive legal framework; second, improving the handling of compensation claims in criminal proceedings; and third, organising and making explicit what cannot be addressed within the criminal process. Further norm-setting in these three areas could significantly improve the way compensation claims are handled. Moreover, a structural clarification of what is and is not possible within the criminal process may contribute to a more balanced and sustainable victim policy.
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Bekijk het rapport hier.
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