privaatreiimid

Privaatreiimid refers to private criminal proceedings in Dutch law. This mechanism allows individuals or legal entities to initiate criminal prosecution themselves when the public prosecutor decides not to pursue a case. It is an exception to the general rule that the Public Prosecution Service (Openbaar Ministerie) is responsible for initiating criminal proceedings.

There are two main types of privaatreiimid: the direct-conviction claim (rechtstreeks beroep tot de berechting) and the direct-summons claim (rechtstreeks dagvaarden). In the direct-conviction claim, a victim can directly summon the alleged perpetrator to appear before the criminal court. In the direct-summons claim, a victim can ask the court to order the alleged perpetrator to appear before the court.

The purpose of privaatreiimid is to provide a remedy for victims whose cases are not prosecuted by the Public Prosecution Service, for instance, due to lack of public interest or insufficient evidence in the eyes of the prosecution. It ensures that individuals have avenues to seek justice even when the state does not.

However, this procedure is subject to strict conditions and is not a substitute for a police investigation or a public prosecution. The court will review the case and determine if there are sufficient grounds for prosecution. If the court finds that the case lacks merit or is brought for improper purposes, it can dismiss the proceedings, and the initiating party may even be liable for costs. This makes privaatreiimid a complex and often last-resort option for private individuals seeking criminal accountability.