(Crime) Victims’ Compensation: The Emergence of Convergence

Crime victims’ compensation has become a major issue within Dutch criminal policy. Legal procedures have been subject to change, leading towards the convergence of tort law and criminal law. Such a convergence calls for a reflection (on the application) of the core concepts of responsibility, accoun...

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Main Author: Renée S.B. Kool
Format: Article
Language:English
Published: Utrecht University School of Law 2014-07-01
Series:Utrecht Law Review
Subjects:
Online Access:http://www.utrechtlawreview.org/articles/10.18352/ulr.281/
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author Renée S.B. Kool
author_facet Renée S.B. Kool
author_sort Renée S.B. Kool
collection DOAJ
description Crime victims’ compensation has become a major issue within Dutch criminal policy. Legal procedures have been subject to change, leading towards the convergence of tort law and criminal law. Such a convergence calls for a reflection (on the application) of the core concepts of responsibility, accountability and liability. Moreover, the current pursuit of victims’ compensation affects procedural issues, specifically with regard to the issue of enforcement. Leaving aside the issue of the legitimacy of victims’ compensation, this convergence raises the question of how to preserve the delicate balance that flows from the use of the law as an instrument to preserve social order. The topical question is not whether convergence is occurring, but how we must deal with it in order to find a (new) equilibrium between the public interest and the interest of the individual who has experienced a harmful wrong.
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spelling doaj.art-dc2682aef9724cfd898bb911f4bb23ae2022-12-21T23:51:45ZengUtrecht University School of LawUtrecht Law Review1871-515X2014-07-01103142610.18352/ulr.281275(Crime) Victims’ Compensation: The Emergence of ConvergenceRenée S.B. Kool0Utrecht University School of LawCrime victims’ compensation has become a major issue within Dutch criminal policy. Legal procedures have been subject to change, leading towards the convergence of tort law and criminal law. Such a convergence calls for a reflection (on the application) of the core concepts of responsibility, accountability and liability. Moreover, the current pursuit of victims’ compensation affects procedural issues, specifically with regard to the issue of enforcement. Leaving aside the issue of the legitimacy of victims’ compensation, this convergence raises the question of how to preserve the delicate balance that flows from the use of the law as an instrument to preserve social order. The topical question is not whether convergence is occurring, but how we must deal with it in order to find a (new) equilibrium between the public interest and the interest of the individual who has experienced a harmful wrong.http://www.utrechtlawreview.org/articles/10.18352/ulr.281/victims’ compensationconvergencetort lawaccountability and liabilityenforcement
spellingShingle Renée S.B. Kool
(Crime) Victims’ Compensation: The Emergence of Convergence
Utrecht Law Review
victims’ compensation
convergence
tort law
accountability and liability
enforcement
title (Crime) Victims’ Compensation: The Emergence of Convergence
title_full (Crime) Victims’ Compensation: The Emergence of Convergence
title_fullStr (Crime) Victims’ Compensation: The Emergence of Convergence
title_full_unstemmed (Crime) Victims’ Compensation: The Emergence of Convergence
title_short (Crime) Victims’ Compensation: The Emergence of Convergence
title_sort crime victims compensation the emergence of convergence
topic victims’ compensation
convergence
tort law
accountability and liability
enforcement
url http://www.utrechtlawreview.org/articles/10.18352/ulr.281/
work_keys_str_mv AT reneesbkool crimevictimscompensationtheemergenceofconvergence