Joining the criminal procedure or filing a civil lawsuit?
March 6, 2025Author: Camiel Koster
What if you’ve fallen victim to fraud or theft? For example, a business partner has stolen from you, or a supplier has deceived you. You’ve reported the crime to the police, and the Public Prosecution Service has decided to open a criminal investigation into the suspect, who is now facing charges for fraud or embezzlement. Now, you’re faced with an important decision: Should you join the criminal case as an injured party to claim compensation, or is it wiser to file a civil lawsuit to hold the defendant liable and recover your lost money?
Joining the criminal procedure: no costs and the possibility of advance payment
As a victim, you have the option to join the criminal procedure as an injured party. This means you can claim your damages as part of the criminal case. If the suspect is found guilty, the criminal judge may also rule on your compensation claim. If the criminal proceedings have already started, this can provide a faster resolution for recovering your damages. The criminal judge can assess your claim for compensation within the same process. Additionally, you save the costs of initiating a separate civil lawsuit.
The main advantage is that the criminal judge has the authority to impose a compensation measure: the convicted defendant pays the compensation to the state, so you don’t have to take further action. You will receive your compensation from the state. Furthermore, the advance payment system applies, meaning you, as the victim, may receive (partial) compensation upfront, even if the defendant is financially unable to pay. If the defendant fails to comply with the compensation order, they can be sentenced to substitute detention, and the obligation to pay the compensation remains.
Drawbacks of the criminal procedure: evidence and possible acquittal
However, there are also some downsides. The criminal judge will only rule on your compensation claim if there is legally sufficient and convincing evidence that the defendant committed the alleged crime. The burden of proof lies with the Public Prosecution Service, and as the victim, you have no influence over this. If sufficient evidence exists and the defendant is convicted, the judge will evaluate your compensation claim. However, your claim must not unduly delay or complicate the criminal process, as the primary focus is on retribution, deterrence, and the protection of society.
If there is insufficient evidence, or if the criminal judge is not convinced of the defendant’s guilt, the case may end in acquittal. In that case, your compensation claim will be automatically dismissed, and you would need to file a civil lawsuit to recover your damages. This could require a lengthy process, which means patience is needed as a victim.
Filing a civil lawsuit: more control and a lower burden of proof
Alternatively, you can initiate a civil lawsuit. This means you would file a separate legal claim to recover your damages, apart from the criminal case. While this route may be more time-consuming and costly, it offers several advantages. In a civil lawsuit, the burden of proof is on you as the plaintiff, but the standard of proof is lower than in criminal law.
In civil cases, you only need to show that it is likely the defendant caused the damage, which is easier to prove compared to the higher standard of “beyond a reasonable doubt” in criminal law. A civil court is not bound by a criminal acquittal. It is possible that the criminal court finds insufficient evidence to convict the defendant, but the civil court may still determine that it is likely the defendant is responsible for the damages.
In addition, a civil lawsuit allows you to have greater control over the evidence you present. You can gather all necessary documents, financial records, and witness statements to support your claim. The focus is entirely on proving liability and the amount of damages, and the judge’s decision will depend on the evidence you provide.
Drawbacks of a civil lawsuit: costs and time
The biggest disadvantage of a civil lawsuit is that it is often time-consuming and expensive. It can take months or even years before you receive a judgment, and legal costs can add up. Additionally, you must consider the possibility that the defendant may be financially unable to pay the compensation, even if you win the case.
Conclusion
Choosing between joining the criminal procedure or filing a civil lawsuit depends on your priorities. Joining the criminal procedure may offer a quicker resolution with no upfront costs and the possibility of an advance payment, but it’s dependent on the strength of the evidence, and an acquittal could prevent compensation.
A civil lawsuit provides more control and a lower burden of proof, allowing you to pursue damages even if the criminal case fails. However, it can be time-consuming, costly, and there’s no guarantee the defendant can pay.
At BZSE we can advise you on your specific case.
More articles →
Joining the criminal procedure: no costs and the possibility of advance payment
As a victim, you have the option to join the criminal procedure as an injured party. This means you can claim your damages as part of the criminal case. If the suspect is found guilty, the criminal judge may also rule on your compensation claim. If the criminal proceedings have already started, this can provide a faster resolution for recovering your damages. The criminal judge can assess your claim for compensation within the same process. Additionally, you save the costs of initiating a separate civil lawsuit.
The main advantage is that the criminal judge has the authority to impose a compensation measure: the convicted defendant pays the compensation to the state, so you don’t have to take further action. You will receive your compensation from the state. Furthermore, the advance payment system applies, meaning you, as the victim, may receive (partial) compensation upfront, even if the defendant is financially unable to pay. If the defendant fails to comply with the compensation order, they can be sentenced to substitute detention, and the obligation to pay the compensation remains.
Drawbacks of the criminal procedure: evidence and possible acquittal
However, there are also some downsides. The criminal judge will only rule on your compensation claim if there is legally sufficient and convincing evidence that the defendant committed the alleged crime. The burden of proof lies with the Public Prosecution Service, and as the victim, you have no influence over this. If sufficient evidence exists and the defendant is convicted, the judge will evaluate your compensation claim. However, your claim must not unduly delay or complicate the criminal process, as the primary focus is on retribution, deterrence, and the protection of society.
If there is insufficient evidence, or if the criminal judge is not convinced of the defendant’s guilt, the case may end in acquittal. In that case, your compensation claim will be automatically dismissed, and you would need to file a civil lawsuit to recover your damages. This could require a lengthy process, which means patience is needed as a victim.
Filing a civil lawsuit: more control and a lower burden of proof
Alternatively, you can initiate a civil lawsuit. This means you would file a separate legal claim to recover your damages, apart from the criminal case. While this route may be more time-consuming and costly, it offers several advantages. In a civil lawsuit, the burden of proof is on you as the plaintiff, but the standard of proof is lower than in criminal law.
In civil cases, you only need to show that it is likely the defendant caused the damage, which is easier to prove compared to the higher standard of “beyond a reasonable doubt” in criminal law. A civil court is not bound by a criminal acquittal. It is possible that the criminal court finds insufficient evidence to convict the defendant, but the civil court may still determine that it is likely the defendant is responsible for the damages.
In addition, a civil lawsuit allows you to have greater control over the evidence you present. You can gather all necessary documents, financial records, and witness statements to support your claim. The focus is entirely on proving liability and the amount of damages, and the judge’s decision will depend on the evidence you provide.
Drawbacks of a civil lawsuit: costs and time
The biggest disadvantage of a civil lawsuit is that it is often time-consuming and expensive. It can take months or even years before you receive a judgment, and legal costs can add up. Additionally, you must consider the possibility that the defendant may be financially unable to pay the compensation, even if you win the case.
Conclusion
Choosing between joining the criminal procedure or filing a civil lawsuit depends on your priorities. Joining the criminal procedure may offer a quicker resolution with no upfront costs and the possibility of an advance payment, but it’s dependent on the strength of the evidence, and an acquittal could prevent compensation.
A civil lawsuit provides more control and a lower burden of proof, allowing you to pursue damages even if the criminal case fails. However, it can be time-consuming, costly, and there’s no guarantee the defendant can pay.
At BZSE we can advise you on your specific case.
More articles →
