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State compensation can be claimed for all offences committed intentionally with violence against the person, and in any event for the unlawful intermediation and labour exploitation defined to in Article 603-bis of the Criminal Code, but excluding assault (percosse) and bodily harm (lesioni) as referred to in Articles 581 and 582 of the Code unless the aggravating circumstances provided for by Article 583 are present (i.e. if the offences result in the very serious consequences specifically enumerated).
Compensation can be claimed solely for medical and assistance costs, except in instances of sexual assault or homicide, in which case the victims are paid a fixed amount of compensation determined by a Ministerial Decree even if there are no medical and assistance costs to be paid.
The persons entitled to compensation are the victim, or, if the victim has died, any children and a cohabiting spouse not legally separated or cohabiting life partner, in shares corresponding to their respective rights of inheritance; or, in the absence of any of these persons, the victim’s relatives in the ascending line, provided that they were legal dependants of the victim at the time the offence was committed.
A person’s entitlement to compensation is limited in certain cases:
If the victim survives, the victim’s family members have the right to take action directly against the offender (Articles 2043 and 2059 of the Civil Code) for the indirect (non-material) damage they have suffered as a result of the injury inflicted on their relative; in this case, however, the law in force does not call for any compensation on the part of the State (Law No 122/2016, as amended by Law No 167/2017). The legislation on victims of violent crime provides benefits for such persons only where they are survivors of a primary victim who has died.
Compensation may be granted both to claimants who reside in an EU Member State other than Italy and to claimants who reside in Italy.
The victim may submit a claim for compensation in Italy to the Italian deciding authorities provided that the offence took place in Italy.
No, but the claim must be submitted within 60 days following an order finding that the offence was committed by a person or persons unknown (decisione che ha definito il giudizio per essere ignoto l'autore del reato), or following the last step in enforcement proceedings undertaken without success, or following the date that a criminal conviction becomes final.
Please see above:
The claim must be submitted within 60 days following an order finding that the offence was committed by a person or persons unknown, or following the last step in enforcement proceedings undertaken without success, or following the date that a criminal conviction becomes final.
As described above, the claim for compensation must be accompanied by documentation demonstrating that proceedings to recover damages from an offender have failed, or that the last step in enforcement proceedings was unsuccessful, or that the criminal conviction has become final.
The claim for compensation must be accompanied by a copy of a judgment convicting for one of the offences provided for by law, or by a copy of an order finding that the offence was committed by a person or persons unknown.
As stated above, the claim must be submitted within 60 days following an order finding that the offence was committed by a person or persons unknown, or following the last step in enforcement proceedings undertaken without success, or following the date that a criminal conviction becomes final.
For example, will the compensation cover:
- Material (non-psychological) damage:
- Psychological (moral) damage:
- Material (non-psychological) damage:
- Psychological damage:
Compensation is paid (subject to any more favourable measures that have already been put in place by other legal provisions for specific offences) to cover medical and assistance costs, except in instances of sexual assault or homicide, in which case the victims are awarded a fixed amount of compensation even if there are no medical and assistance costs to be paid.
In general, compensation is paid out as a single payment, by drawing on the Revolving Fund for the Support of Victims of Mafia-style Crime, Extortion, Usury and Intentional Violent Crime (Fondo di rotazione per la solidarieta' alle vittime dei reati di tipo mafioso, delle richieste estorsive, dell'usura e dei reati intenzionali violenti), which is managed by the Ministry of the Interior, but the amount paid must remain within the limits of the financing available in the current year.
In the event that there is insufficient financing available in the relevant year, those entitled to compensation can access the Fund for a proportion in that year, and in subsequent years for the remainder, which is distributed without any additional charges, interest or revaluations.
Compensation is paid out on the condition that the victim was not complicit, intentionally or by culpable negligence, in the commission of the offence or of other associated offences; that the victim has never been convicted, by a final judgment, of any of the offences referred to in Article 407(2)(a) of the Code of Criminal Procedure (wanton destruction, looting and mass murder, involvement in civil war, Mafia-style conspiracy, endangerment of public safety, homicide, robbery, extortion, kidnapping, terrorism, subversive conspiracy, armed conspiracy, possession of explosives, racketeering, drugs, enslavement, child prostitution and pornography, people trafficking, slavery, sexual assault, sexual acts with minors, sexual assault in a group) or of offences committed in breach of the legislation for the prevention of income tax and VAT evasion; and that at the time the claim is submitted the victim is not the subject of criminal proceedings for any of those offences.
The victim’s income has no bearing on their right to compensation.
Compensation is paid out on the condition that the victim has not in respect of the same offence received payments of any kind totalling more than €5 000.00 from any public or private source.
The compensation will correspond to the costs incurred, subject to the limits laid down by the relevant Law and the sums fixed by the Ministerial Decree implementing that Law.
The Decree of 31 August 2017 issued by the Ministry of the Interior (as provided for by Article 11(3) of Law No 122 of 7 July 2016) provides as follows:
The total amount of medical and assistance costs incurred must be indicated and documented.
Compensation is paid out on the condition that the victim has not in respect of the same offence received payments of any kind totalling more than €5 000.00 from any public or private source.
No.
No, although it may be possible to submit subsequent claims in the event of further medical costs being incurred; this will have to be assessed by the deciding authority.
The claim for compensation must be submitted by the interested party, or by the other entitled persons in the event that the victim of the offence has died, and must be submitted in person or by special power of attorney (a mezzo di procuratore speciale); to be admissible it must be accompanied by the following documents:
a) a copy of a judgment convicting for one of the offences listed in Article 11, or a copy of an order finding that the offence was committed by a person or persons unknown;
b) documentation demonstrating that enforcement proceedings have been brought for damages against the offender without success; this is not necessary where the offender remains unidentified, or the offender has applied for and been granted legal aid paid for by the State in criminal or civil proceedings in which the offender has been held liable;
c) a declaration in lieu of a sworn affidavit (dichiarazione sostitutiva dell'atto di notorietà) regarding the absence of any impediments;
d) a medical certificate showing the costs incurred for health-related services, or a death certificate for the victim of the offence.
No.
The Ministry of the Interior.
Ministero dell’Interno
Ufficio del Commissario di solidarietà per le vittime dei reati di tipo mafioso
Via Cavour, 6
Roma
No.
Once it has received the claim, the deciding authority in Italy must give a decision ‘without delay’.
There are no specific mechanisms in place; as the decision is an administrative one, it can be challenged in accordance with the standard rules applying to domestic administrative measures taken by the same authority.
The assisting authority provides all the necessary information; the assisting authority in Italy is the public prosecutor’s office (procura generale) at the court of appeal (corte d’appello) with jurisdiction in the claimant’s place of residence. The forms are attached to Ministerial Decree No 222 of 23 December 2008 laying down rules in accordance with Article 7 of Legislative Decree No 204 of 9 November 2007 implementing Directive 2004/80/EC relating to compensation to crime victims (Decreto 23 dicembre 2008, n. 222 “Regolamento ai sensi dell'articolo 7 del decreto legislativo 9 novembre 2007, n. 204, recante attuazione della direttiva 2004/80/CE relativa all'indennizzo delle vittime di reato”).
No.
No, this role is performed by the assisting authority.
Not to the knowledge of the office supplying this information.
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