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Compensation of Non-Material Damage in Civil and Criminal Law in the Netherlands

NCJ Number
197401
Journal
International Review of Victimology Volume: 9 Issue: 1 Dated: 2002 Pages: 31-42
Author(s)
Marijke Malsch
Date Published
2002
Length
12 pages
Annotation
This article details victims’ compensation for non-material damage caused by large-scale accidents and crime in the Netherlands.
Abstract
Focusing on victims’ compensation for non-material damage in civil and criminal cases, this article discusses victims’ compensation for non-material damage caused by accidents and crime in the Netherlands. Beginning with a discussion of the way the Dutch criminal justice system handles non-material damage and compensation awarded in sexual assault and traffic cases, the author describes non-material damage as physical harm, psychological pain, suffering, fear, and a loss of enjoyment of life. Focusing on intra-familial sexual abuse and miscellaneous other non-material damage claims filed by Dutch courts, this article contends that only direct crime victims can claim compensation for the non-material damages inflicted upon them. Although arguing that monetary compensation of non-material damage for victims of various crimes and traffic accidents is not perceived to be adequate by victims, the author maintains that such awards are necessary so that victims can regain trust in the legal order, which is often lost following a crime. The author concludes that it is important for the victims’ recovery process that Dutch courts begin honoring non-material damage claims more widely. Notes, references

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