Schadefonds Geweldsmisdrijven

The Schadefonds Geweldsmisdrijven (hereafter: Schadefonds) makes a financial contribution (one-off compensation payment) to people who have become a victim of a violent crime resulting in serious psychological or physical injuries. This also applies to surviving relatives of victims of a violent crime and a wrongful death pursuant to article 320 Wetboek van Strafrecht BES (Criminal Code BES), and for close relatives of victims with serious and permanent injuries as a result of a violent crime. They could also be eligible for a compensation payment.

Aim of compensation payment

With the one-off compensation payment, the Schadefonds recognizes - on behalf of society from the part of the government – the injustice done to victims. In this way, the Schadefonds contributes to restoring confidence and does justice to victims and their loved ones.

When is a victim or surviving relative eligible for a financial contribution?

To be eligible for a compensation payment as a victim or surviving relative, the following legal criteria must be met:

It is likely that someone is a victim of a violent crime committed intentionally or of a wrongful death
As a result the victim has serious injuries or has died
The crime was committed in the Caribbean Netherlands after January 1^st, 2017
The victim or surviving relative had no part in the crime
The damage has not been compensated for in another way
The application was submitted within 10 years of the crime

When is a close relative eligible for a financial contribution?

In order to be eligible for a compensation payment as a close relative, the following legal criterial must be met:

It is likely that someone is a victim of a violent crime committed intentionally
As a result the victim has serious and permanent injuries
The crime was committed in the Caribbean Netherlands after January 1^st, 2019
The victim or close relative had no part in the crime
The damage has not been compensated for in another way
The application was submitted within 10 years of the crime

When is there a question of a violent crime committed intentionally?

Violence can consist of:

Psychical and psychological violence
Abuse
Act of violence in a public place
Threat of violence
Human trafficking
Stalking
Rape
Theft with violence, murder or manslaughter is always considered as a violent crime

In addition, if a victim is put under considerable psychological pressure, there can be a question of a violent crime. The violent aspect in this case could consist of creating a particular situation or abusing circumstances, for instance sexual crimes.

A considerable age difference, a relationship of authority or a dependent position in relation to the perpetrator are examples of circumstances which can be considered equivalent to violence.

Why does the Schadefonds need documents from the police and/or the Public Prosecution Service?

The crime and the facts, the reason and the circumstances of the crime must be clear from objective information. The Schadefonds assesses whether there is a question of victimhood, not capacity of being a perpetrator. For this purpose, the Schadefonds needs for instance information from the files of the police and/or Public Prosecution Service.

What documents can the Schadefonds request?

Official record of reporting to police
Account/master record of the official police report
Official police report of statements from suspect(s)
Official police report of statements from witness(es)
Official police report of findings (not official reports from the court session)
Official police report of investigation measures
Official police report of witness or expert hearings by the Judge of Instruction
Official police report of statements from experts and expert reports
Criminal injuries compensation form/damage statement form

Is it necessary that the perpetrator has been sentenced?

No, in order to be able to determine whether a violent crime committed intentionally or wrongful death is likely, it is not important whether the suspect has been arrested or sentenced. The likelihood test by the Schadefonds is a lower test than the test of legal and conclusive evidence. In addition, if the case has been closed due to insufficient evidence, the Schadefonds requires documents from the police and/or Public Prosecution Service, because it is then still possible that the victim has indeed a right to a compensation payment from the Schadefonds.

Are the police and the Public Prosecution Service obliged to provide information to the Schadefonds?

Yes, the provision of information is based on article 9 of the Wet schadefonds geweldsmisdrijven (Schadefonds Geweldsmisdrijven Act), on articles 6a:1 and 4:2, section 1, under a of the Besluit politiegegevens (Police Data Decree), article 13 of the Wet op de justitiële documentatie (Judicial Records Act) and on the Certificates of Good Conduct Act BES and article 10, subsection n, of the Regeling justitiële documentatie (Judicial Records Regulation) and Certificates of Good Conduct Act BES.

Are there agreements between the police, the Public Prosecution Service and the Schadefonds?

For the provision of information to the Schadefonds, covenants have been concluded with the police and the Public Prosecution Service. The covenants state that the Schadefonds sends a request for documents by e-mail. In the case of the police, this takes place via the Investigation department. The covenants have been drawn up in the interests of the applicant, because for the applicant it is necessary that the Schadefonds receives the documents as quickly and as fully as possible from the police and the Public Prosecution Service.

What happens if the applicant had a part in the violent crime?

The Schadefonds exists for the purpose of offering people, who through no fault of their own become a victim of violence, a compensation payment towards their damages. If the applicant had a part in the violence, in principle this compensation payment is not appropriate, because the payment is an expression of solidarity from society with the victim. The reason is that the compensation payment is financed from general funds. It is important that the police or the Public Prosecution Service precisely then provide documents. It is only if we can take cognizance of statements from other people than the applicant that we can gain a clear picture about the part that the applicant had in the whole.

What happens if the applicant has already had a damage compensation?

The Schadefonds makes a one-off compensation payment if the damage is not compensated for in another way, for instance by the perpetrator or insurance company. In order to assess whether the damage has already been compensated for in another way, the Schadefonds requires the damage statement form.

As an employee of the police or the Public Prosecution Service, what role can you play for victims?

You can refer victims to the Schadefonds. In addition, it is in the interests of the victim that you provide documents from the official report to the Schadefonds as soon as possible. The sooner the Schadefonds has the documents, the sooner the applicant will receive the decision and therefore the recognition of the injustice caused to him/her.

How can an application be submitted?

An application can be submitted in two ways:

The victim/surviving relative/close relative visits the Victim Assistance Office and together they will submit the application digitally.
The victim/surviving relative/close relative downloads an application form from the website, prints, completes and signs the form and sends it, along with a copy of his/her passport/identity card/driving licence and all the required documents, by post to the Schadefonds in the European Netherlands.

The Schadefonds advises to submit the application via the Victim Assitance Office, because the post from the Caribbean Netherlands to the European Netherlands is sometimes slow. The Victim Assitance Office can submit an application digitally to the Schadefonds without losing any time. Furthermore, the Victim Assitance Office has experience with completing application forms and knows exactly what is important for the Schadefonds. The Victim Assitance Office can also, on behalf of the Schadefonds, check the identity of the applicant by looking at their passport/identity card/driving licence on the spot.

More information

You will find more information about the Schadefonds on the website www.schadefondsCN.com