Expansion of Victims' Rights Act passed by Lower House of Parliament

Suspects of serious sexual offences and violent crimes will now be obliged to attend their court hearing and verdict. This will ensure that the victim or their surviving relatives are able to exercise their right to address the court in the presence of the suspect. The suspect's presence in court means they cannot avoid being confronted with the impact that the crime had on the victim or their surviving relatives. These new provisions have been incorporated into law as part of the Expansion of Victims' Rights Act, which was put forward by Minister for Legal Protection Sander Dekker and was passed today by the Lower House of Parliament.

'Suspects of serious crimes will no longer be able to choose whether or not to attend the court sessions. This is the very least you can do for the victim or their surviving relatives, as it gives them the opportunity to confront the suspect and tell him/her how the crime has affected their lives. The suspect's presence can also greatly help the people affected to process what happened and move on with their lives.'

said Minister Dekker.

Compulsory attendance for suspects

The obligation for suspects to attend court will also serve an important societal function, as the presence of the suspect clearly and visibly shows how justice is served in the event of serious crimes. Furthermore, it is important for the suspects themselves to witness what happens during the court sessions and hear what the parties involved have to say. The suspect's attendance also allows the judge and the public prosecutor to question the suspect in person, which allows them to gain a more accurate impression of who the suspect is and facilitates them in their efforts to determine the true sequence of events.

Right to be heard during hospital order extension hearings

In addition, the victims and their surviving relatives will be given the right to address the court during hearings held to determine whether to extend hospital orders. It is important that victims and their surviving relatives have direct contact with the judge and can explain why they need protection (e.g. an order prohibiting contact or an injunction to stay away). When a perpetrator returns to society, this can cause a great deal of anger, sadness and fear among victims or their surviving relatives, as they are once again confronted with what happened. By implementing a right to be heard, victims or their surviving relatives are able to state their opinion on any special conditions for the provisional termination of a hospital order with compulsory treatment.

Right to be heard to stepfamilies

Members of a deceased victim's stepfamily will also have the right to be heard during the court hearing. Previously, this was not the case. The new law recognises that more and more children are growing up in blended families.

Furthermore, the victim or their surviving relatives will now address the court at a fixed point in the proceedings, just before the public prosecutor states their demand. This will allow the prosecutor to take what they have to say into account when presenting the demand.

Expansion of the advance payment scheme

The advance payment scheme for victims and their surviving relatives will also be expanded. Currently, the scheme only applies to more serious offences. Under the new provisions, parties affected by minor offences will also be eligible for the scheme. This means that, if the offender does not pay the definitive amount of compensation ordered by the court within a period of eight months, the government will pay the amount in advance.