A woman who witnessed a violent stabbing in Groningen is entitled to compensation of one thousand euros.
The Public Prosecutor's Office North Netherlands supports her claim. According to a spokeswoman for OM in Groningen, this is a traumatic event and therefore shock damage, a concept that is under discussion in the legal community.
Victims of crime are entitled to compensation.
These are the actual damages suffered that are not compensated by insurance and immaterial damages (damages).
You don't get rich from damages: the amounts awarded are usually not very high, rather hundreds than thousands of euros.
Those who lose a loved one in a traffic accident may be eligible for affection damages.
For grief. Shock damage goes a few steps further: there had to be a "psychiatric syndrome" that also had to be determined by an expert - a doctor.
Recently, a police officer who shot a confused man during an arrest was awarded compensation of 250 euros.
The officer had argued that the decision to shoot had not left him cold.
He was bothered by it. Three officers also involved in the arrest also received 250 euros, to be paid by the man who was shot.
Suffering is worth money.
Opinions on whether this is a good development are divided. Opponents speak of a commodification of suffering.
The woman who - on May 1 this year - witnessed the stabbing is also a victim to some extent, according to the prosecution. The stabbing took place in her home, the man who was stabbed was her new boyfriend, the perpetrator her ex. Her nine-year-old son was also present in the residence. There was a disagreement about the visitation arrangement. After an earlier confrontation during the day, the ex forced his way into his ex's home at night.
Prosecutor Melanie Kompier: "It is not the case that anyone who witnesses a crime is eligible for compensation. But this is a specific and special case. The prosecutor has taken all aspects into consideration, including that the woman has already been threatened once by her ex. Finally, we support the claim because the requested amount of one thousand euros is not excessive.
Lawyer Lodwijk Rinsma - he is assisting the ex - believes the claim should not be granted. He says: "In principle it is possible, because whoever commits an unlawful act towards someone else is liable. But the legislator has attached conditions to it. One of them is that there must be a recognized psychiatric illness, and there is none of that here. So the court must reject the request.
The court will either do that or not on Aug. 29.
A sentence of four years' imprisonment, including eight months' probation, was demanded against the accused ex. The stabbed new boyfriend - he was hit in the neck region - claims 4,800 euros in material and immaterial damages.
UPDATE - Aug. 29, 2013 - ruling
The defendant was sentenced to four years in prison, one of which was suspended. To the victim he must pay slightly lower damages than were claimed. The ex will not receive shock damages. Not because she would not be entitled to it. The court does not reach a substantive assessment. but states that the claim for damages - civil law - is not simple in nature and therefore a disproportionate burden on the criminal trial. The ex (if she wishes) must now go to civil court.
