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

In cases of war, large-scale accidents, and crime, victims may suffer serious non-material damage. This article focuses on the compensation of non-material damage in both civil and criminal cases. Compared to other countries, Dutch courts do not honour such claims on a wide scale. The article discus...

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Bibliographic Details
Published in:International review of victimology 2002-01, Vol.9 (1), p.31-42
Main Author: Malsch, Marijke
Format: Article
Language:English
Subjects:
Compensation
Disasters
Justice
Netherlands
Serious crime
Wars
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Summary:In cases of war, large-scale accidents, and crime, victims may suffer serious non-material damage. This article focuses on the compensation of non-material damage in both civil and criminal cases. Compared to other countries, Dutch courts do not honour such claims on a wide scale. The article discusses court decisions concerning claims for non-material damage, both in the Netherlands and in other countries. The functions that compensation for non-material damage may have for the victim are explained. Theories about the goals of punishment and archetypal models of a criminal justice system form the background of this description. It is concluded that in the absence of more sophisticated methods of compensation or redress, a monetary compensation is to be made available for victims suffering from non-material damage.
ISSN:0269-7580
2047-9433
DOI:10.1177/026975800200900103