Crime victims in Curaçao

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In the criminal legal system, the public prosecutor represents the government (society), and a defense attorney represents the perpetrator. But who represents the victim who was most harmed by the perpetrator’s behavior?

 

At LIF Legal, we can fill that role. Our Crime Victim Legal Service (CVLS) is committed to putting the victim first, looking out for the victim’s interests and making sure the victim’s voice is heard. Our legal support includes information and guidance in reporting the crime, assistance with navigating the criminal investigation process, and enforcing crime victim's rights throughout prosecutorial proceedings.

 

Victim’s rights

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According to the United Nation Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and according to the Criminal law of Curaçao, victims of crime have among others the following rights:

 

• The right to be reasonably protected from the perpetrator.
• The right to be reasonable and timely notice of any public proceeding involving the crime or of any release or escape of the perpetrator.
• The right to be reasonable heard at any public proceeding involving release, plea or sentencing.
• The right to consult with the public prosecutor in the case.
• The right to full and timely restitution and compensation as provided by law.
• The right to proceedings free from unreasonable delay.
• The right to be treated with fairness and with respect for the victim’s dignity and privacy.
• The right to be timely informed of non-prosecution or any plea agreement. 
• The right to complain at the judge in the event of non-prosecution or a late decision on a criminal prosecution as provided by law.
• The right to receive the necessary material, medical, psychological, and social assistance through governmental, voluntary, community-based and indigenous means.

 

The criminal procedure as injured party

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A victim can, according to articles 206 jo. 374 of the Curaçao Criminal Code, claim compensation in a criminal case up to a maximum amount of Naf. 50.000,-. This procedure prevents a separate civil procedure. The victim can claim forward (three days before court hearing) by filling out a form (at the Bureau Slachtofferhulp) or orally during the court hearing. Procedurally the prosecutor will put the claim forward on behalf of the victim and the judge will assess and handle the claim during the court hearing. If the criminal offense is declared legally and convincingly (beyond all reasonable doubt) proven and the perpetrator is guilty, then the judge will allow the claim and, in certain cases, order a compensation measure. If the judge does not order a compensation measure, then the victim must collect the compensation himself or with assistance of a bailiff. If the judge orders a compensation measure, then the Public Prosecutor Office will collect the compensation on behalf of the victim.

 

The civil procedure on the grounds of wrongful act

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A criminal conviction could serve as convincing evidence for a wrongful act, which is sufficient for a victim to start a civil procedure. Contradictory to joining a criminal procedure, the civil procedure has court fees, take more time, and the victim has potential bailiff costs when the perpetrator refuses to pay the granted compensation. However, the advantage of the civil procedure compared to the criminal procedure is the unlimited height of the claim. There is no maximum amount of Naf. 50.000,-.

 

Compensation fund for violent assaults 

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Contradictory to article 13 of the United Nation Declaration of Justice for Victims of Crime an Abuse of Power there is no fund in Curaçao from which the damage can be compensated. However, if the convicted person fails to pay, it is possible - according to article 1:78, paragraph 6, of the Curaçao Criminal Code - to receive compensation from the government for a maximum amount of Naf. 5.000,-.

 

For additional information about our Crime Victim Legal Service (CVLS), please call us at (+5999) 521- 7870 or email us at info@liflegal.com