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Compensation after acquittal

If you have been acquitted or if your criminal case ends definitively without the imposition of a penalty or measure (including dismissal), you may be eligible for compensation. This is also possible if your case has been dismissed by the public prosecutor. Your solicitor can submit a claim for compensation on your behalf to the court or court that has decided on your case. This is not always granted. For example, there are quite a few hurdles and the court can also reject the request if compensation is not 'reasonable and fair'. It is therefore wise to call in an expert lawyer.
 

Wrongful detention

If you have been insured for at least one day, you can request compensation on the basis of Article 89 of the Code of Criminal Procedure (Sv). You will not get this if you have only been held up for questioning at the police station (not even if there was a night in between, because that does not count). Judges in the Netherlands apply standard amounts for each day of wrongful detention. From 1 September 2008, this will be EUR 105 per day at the police station and/or during so-called restrictions and EUR 80 per day of stay in a Detention Centre. Only in very exceptional cases will this rule be deviated from. Your lawyer can inform you whether a higher reimbursement has a chance of success.
 

Loss of income and other costs

Loss of income and other costs may also sometimes be eligible for reimbursement. However, this does depend on your specific situation.
 

Counsellor costs

If you have paid your lawyer (yourself), it is also possible to ask for a reimbursement of those costs. This is regulated by art. 591a of the Code of Criminal Procedure (Sv).
 

Deadline

The request must be submitted within three months of the final conclusion of the case. So don't wait too long. If you have any doubts about the time limit, please call us for advice.

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