I am a surviving relative
Schadefonds Geweldsmisdrijven is for people who have lost their loved one as a result of violence or a wrongful death. Schadefonds applies the following conditions.
1. You are a surviving relative (pursuant to the Wet schadefonds geweldsmisdrijven (Violent Offences Compensation Fund Act)
As a surviving relative, you can submit an application if your spouse, (registered) partner, parent, child, brother or sister died as a result of violence or a wrongful death.
2A. The victim died as a result of a violent crime committed intentionally
As a surviving relative, you can submit an application if the victim died as a result of a so-called violent crime committed intentionally. A violent crime committed intentionally means that violence was used intentionally, such as murder and manslaughter.
Accidents do not fall under this. An example: someone bumps into the victim when in a hurry. As a result, he or she has a bad fall and dies. That is an accident, not a violent crime committed intentionally.
2B. The victim died as a result of a wrongful death
As a surviving relative, you can submit an application if the victim died as a result of a so-called wrongful death. For Schadefonds, surviving relatives who lost their loved one as the result of the following are eligible:
- wrongful death in traffic;
- wrongful death in a general sense.
For guilt in traffic situations (pursuant to article 320 Criminal Code BES (Wetboek van Strafrecht BES), it concerns the behaviour of the suspect. A single violation is often not sufficient to speak of guilt. For instance: if no right of way is given, that is often not sufficient to speak of guilt. If the suspect was also driving too fast and/or had consumed alcohol, this is more likely a case of wrongful death.
For guilt in a general sense in (pursuant to article 320 Criminal Code BES) it concerns the behaviour of the suspect,the event and the circumstances. Examples of guilt in a general sense could be:
- carbon monoxide poisoning;
- accidents with firearms;
- medical errors.
Real accidents are not sufficient to speak of wrongful death. For wrongful death, it must involve careless behaviour: the suspect could know that something could go wrong, but he continued regardless.
3. The violent crime or wrongful death took place in the Caribbean Netherlands
The violent crime or wrongful death must have taken place in the Caribbean Netherlands. If it took place on board a Caribbean Dutch ship or aircraft, you can also contact Schadefonds. Does the victim not live in the Caribbean Netherlands, but has died here as a result of the violent crime or wrongful death? You can also submit an application. Surviving relatives of victims of violent crimes or wrongful death which were committed in the European Netherlands are referred to the website www.schadefonds.nl.
4. You or the victim had no part in the crime
You can only receive a one-off compensation payment if you or the victim were not guilty of the crime. The reason is that your role and the role of the victim is also considered regarding what happened. If you or the victim had a part in the violent crime it is possible that you will not receive a payment. Examples are:
- if you or the victim were the first to use violence;
- if you and/or the victim were engaged in criminal activities (such as drug dealing).
5. Damage not compensated for in another way
You will only receive a compensation payment from the Schadefonds if the damage has not been compensated for by the perpetrator or an insurance company. In some cases, you almost always have the right to a damage compensation from the insurance company. You can read more about this under condition 1.
You can however contact the Schadefonds if you do not yet know whether you will receive money from other sources. If you finally still receive money from the perpetrator or the insurance company, you may have to pay back the compensation payment received from the Schadefonds.
In its decision, Schadefonds can also take account of the compensation that the perpetrator or insurance company must pay you. Then you will not need to pay back the compensation payment afterwards.