The role of victims’ lawyers in criminal proceedings in the Netherlands

Abstract

The role of the victim in the criminal trial process has evolved considerably in recent decades. On a European level, an important driver has been the EU Directive 2012/29/EU, according to which European countries are legally bound to afford certain rights to crime victims. In the Netherlands, the EU Directive has instigated several extensions of existing victims’ rights, and in the Code of Criminal Procedure a separate section has been devoted to the victim. The current study specifically addresses one of the victims’ rights, that is, the right to be legally represented. The Dutch government has financially invested in access to and specialization of victim lawyers in order to promote the realization of victims’ rights, specifically for victims of serious crimes and sex offences. The goal of the current study was to investigate the added value of victim lawyers and the extent to which they contribute to the fulfilment of victims’ rights in the criminal law process. A literature study was conducted to examine legislation pertaining to victims’ rights; a questionnaire study was conducted to investigate the perspective of victim lawyers ( n = 148); and interviews were conducted to examine the perspective of the police, Victim Support Netherlands, Public Prosecuting Service, and criminal courts ( n = 17). The results show that victim lawyers were important to the realization of victims’ rights. They were considered most necessary with respect to the right to claim compensation and with respect to the right to gain access to the case file. They were also required because victims’ rights have not yet been smoothly incorporated into legal practice. In addition, victim lawyers’ presence in the courtroom was considered important because it contributes to victims experiencing that they are taken seriously. It has been concluded that the support of victim lawyers is an important contribution to victim participation in criminal proceedings.

Victim participation in criminal justice: A quantitative systematic and critical literature review

“…where a victim was asked their views by the prosecutor), or where victims were an observer of proceedings ( n = 14). ‘Other’ participatory modes ( n = 15) included participation as a legal party with or without legal representation (Antonsdóttir, 2018; Killean and Moffett, 2017; Michel and Sikkink, 2013; Mohan, 2009), contacts with prosecutors and general experience (Carr et al, 2003; Cattaneo et al, 2009; Cerulli et al, 2014; Erez et al, 2014), parole submissions (Caplan, 2010; Young, 2016), intrinsic criminal justice actions (De Brouwer and Ruvebana, 2013; Dichter et al, 2011), cognitive assessment (López et al, 2016), adding documents to the court file (Elbers et al, 2022), and participating in groups designed to distribute land restitution and reparation (De Waardt and Weber, 2019).…”

“…The structures around victim participation have obvious overlaps with its resourcing , a concept that is not restricted to finance but constitutes the ways that materially enable victim participation. For example, the provision of legal representation (see Carroll, 2022; Elbers et al, 2022; Laugerud and Langballe, 2017) or victim advocacy (see Camacho and Alarid, 2008; Cattaneo et al, 2009; Michel and Sikkink, 2013), especially for those with limited capacity (López et al, 2016), are resources. The provision of routine information that informs and assists victims to know what is available, how and when is also a critical resource enabling participation (Carr et al, 2003; Mastrocinque, 2014).…”

“…Comparing victim participation in domestic adversarial and non-adversarial criminal procedure, Braun (2019) observes that participatory practices are present in both system types, albeit fragmented. Variation in victim participation roles in civil legal systems of European countries has also been noted (Elbers et al, 2022).…”

Transforming crime victims’ rights: from myth to reality

“…Victims were increasingly given "standing" to assert their rights in criminal processes (see later discussion) and the presence of legal counsel for victims in international trials has become (relatively) unremarkable (Killean & Moffett, 2017). Criminal justice institutions (including lawyers who practice within them) appear increasingly to have accepted that victims may furnish detail that is materially relevant to legal proceedings (Elbers et al, 2020).…”

“…For example, victims' attorneys have argued before the U.S. Supreme Court for a crime victims' right to restitution (Cassell & Marsh, 2015). Robust discussion continues about ways to expand independent legal representation of victims in criminal cases (Elbers et al, 2020;Reeves & Dunn, 2010).…”