“Victims’ participation rights in the post-sentencing phase: The Netherlands in comparative perspective”

Alice K. Bosma,Marc S. Groenhuijsen,Max de Vries

doi:10.1177/20322844211008232

Alice K. Bosma, Marc S. Groenhuijsen + Show 1 more

Open Access

https://doi.org/10.1177/20322844211008232

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Abstract

Victims’ rights have proliferated rapidly over the past decades. However, the development of rights in the post-sentencing phase has lagged behind. In this article, we argue that victims’ rights may contribute to the acknowledgement of victims, something that victimological research suggests is important for victims’ well-being at every stage of criminal proceedings. We review a new Dutch law and a legislative proposal aiming to improve victims’ rights in the post-sentencing phase in relation to conditional release from prison and conditional discharge from forensic psychiatric hospital. More specifically, we compare these (proposed) victims’ participatory rights with those existing in the Canadian, Belgian and German framework. We argue for a strengthened position of the victim in the post-sentencing phase. We close by showing that the practical effectiveness of these proposed rights is put at risk by COVID-19 and states’ response to the same.

Highlights

Victims’ rights have proliferated rapidly over the past decades
The idea is that by hearing the victim, secondary victimisation – that is, a negative reaction that is experienced as a further violation of legitimate rights following from the primary victimisation – can be avoided, enhancing the victims’ dignity, and their perception of trust and legitimacy towards the criminal justice authorities.[4]
The goal of victim acknowledgement was still pursued through obligations of respectful treatment, but, in addition, victims could play a more visible and active role in the trial phase of the criminal proceedings, most notably by claiming damages.[8]

Summary

Introduction

Victims’ rights have proliferated rapidly over the past decades. In the European context, the socalled Victims’ Rights Directive[1] required Member States to enact and implement a broad range of victims’ rights.[2]. Since 2011, the state executes court-awarded compensation from the offender, and in serious cases, the state even makes advance payments to the victim This development has introduced victims’ rights into the last stage of criminal justice proceedings: the post-sentencing phase. In the post-sentencing phase, rights are sparse: protection orders and compensation via advance payments out, but other rights are either poorly implemented or do not exist at all This is not unlike developments in other European countries.[9] In the Netherlands, two legislative proposals relating victim participation, both dating to 2018, have sparked public debate. We close this article with some remarks related to the limited attention to victims in the light of the COVID-19 crisis

The importance of victim acknowledgement

Acknowledgement by being heard

Acknowledgement in various phases of the criminal justice system

The Netherlands

Conditional Discharge from a Forensic Psychiatric Hospital