(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, 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.