Schadevergoeding als publieke genoegdoening: Naar een nieuwe benadering van de schadevergoedingsmaatregel

In this article, the authors argue that the compensation order in Dutch criminal law should not be understood primarily as a vehicle for civil compensation, but as a public response to a wrong: a violation of the legal order that requires public recognition. They demonstrate that both victims and perpetrators experience wrongs as a disruption, and that the imposed compensation order can be viewed in this light as a form of public satisfaction. Legal theory, including the work of Antony Duff, demonstrates that the measure fulfills an expressive function within the restoration of moral-legal relationships. This interpretation raises fundamental questions about the current dogmatic embedding and design of the compensation order within the criminal procedure.