ABSTRACT
In the Netherlands in the case of a wrongful conviction that has been corrected after successful revision proceedings, the former suspect has – in short – a claim for compensation for the damages incurred. This claim is governed by the Code of Criminal Procedure (CCP), but civil proceedings can be instituted for certain additional damages. For the damages incurred because the wrongfully convicted person underwent sanctions that involved the deprivation of liberty, a right to compensation exists. The amount of compensation depends on the principle of fairness. Beyond that scope, damages are only compensated if and insofar as it is deemed fair. Very little is known about the prevalence and extent of damages awarded. In several high-profile cases concerning miscarriages of justice, settlements on the damages have been reached out of court and these were not made public. In the future, if and when the new Code of Criminal Procedure is enacted (presumably 2026), this system will undergo some (minor) changes.
