Compensation can be obtained for any type of crime that has caused physical injury or moral damage as a result of intentional acts that constitute either the actus reus of a crime or the crime of indecent assault or rape laid down by Articles 372 to 376 of the Criminal Code.
- physical injury/economic loss;
- moral damage.
A relative or dependant of a victim who has died as a result of intentional acts that constitute a crime and caused physical injury leading to the victim’s death and seriously affect their quality of life (mental suffering due to the loss of a loved one) can submit a claim for compensation to the Minister for Justice where effective and adequate compensation has not been obtained. Family members, spouses, unmarried partners, civil partners or people who are particularly close to the victim can obtain compensation, provided that they have suffered reparable harm. In principle, the degree of relationship is irrelevant as only the emotional and material life shared with the direct victim is taken into account. In practice, only family members, in particular the nuclear family, are regarded as indirect victims. The nuclear family is a family comprising two adults, whether or not married, with or without children.
A relative or dependant of a victim who has survived intentional acts that constitute a crime and caused physical injury leading to permanent disability or total incapacity for work for more than a month and seriously affect their quality of life can submit a claim for compensation to the Minister for Justice where effective and adequate compensation has not been obtained.
Only people who are legally resident in Luxembourg or nationals of a Member State of the European Union or the Council of Europe and who were, at the time of the crime, lawfully present in Luxembourg or victims of human trafficking can claim compensation. Otherwise, no compensation can be granted.
Anyone who legally and habitually resides in Luxembourg, but was the victim of a violent intentional crime in another Member State of the European Union, is entitled to claim compensation payable from the Luxembourg budget if they are not entitled to be compensated by the other State.
In accordance with the Law of 12 March 1984 on compensation for certain victims of physical injury, you must meet the following conditions:
No, the victim does not have to have reported the crime to the police to be able to claim compensation.
No, the decision on the award of compensation can be made by the Minister for Justice before the criminal proceedings have been decided.
If the offender has been identified and you sue them for damages as a civil party in the criminal proceedings, you must await the outcome of that claim. If the offender is insolvent, you can then submit a claim for compensation to the Minister for Justice.
The Minister for Justice can order full or partial repayment of the compensation or advance that you have been paid subsequently as effective compensation or damages for the injury.
Offender not identified
If the offender has not been identified, you can apply for compensation by sending your claim to the Ministry of Justice. This claim must be written in French, German or Luxemburgish and must indicate the date, place and exact nature of the acts of which you were the victim. Supporting documents for the acts and injury that you have suffered must be enclosed with this letter, in support of your claim. In addition, you must meet the conditions laid down by Article 1 of the Law of 12 March 1984 on compensation for certain victims of physical injury resulting from crime.
Offender not convicted
In order for you to be entitled to compensation, the offender must have been found guilty by a judgment that has become final. The Minister for Justice can, based on an opinion issued by the Victims Commission (Commission victime), order full or partial repayment of the compensation or advance. The Minister can make the same decision where an advance has been paid and it subsequently emerges that compensation was not warranted.
The claim must be submitted within two years of the date of the acts. If the offender is prosecuted, the time-limit is extended and expires two years after the final decision of the court hearing the criminal case. If, after a decision in the criminal proceedings has become final, you obtain a decision on your civil claim for damages, this deadline is extended and expires two years after the court decision on your claim for damages becomes final. However, if you are a minor, the limitation period does not start until the date on which you reach the age of majority if the acts are punishable by criminal penalties or provided for and punishable under Articles 372, 373, 375, 382‑1 and 382‑2, 400, 401bis, 402, 403 or 405 of the Criminal Code.
As an example, the compensation covers:
a) for the victim of the crime:
physical (non-psychological) injury:
psychological (moral) injury:
b) for beneficiaries or relatives of a victim:
physical (non-psychological) injury:
psychological injury:
The compensation is paid as a lump sum and not in the form of an annuity. However, if the need arises in duly substantiated cases, the Minister for Justice can award an advance to the claimant while the claim is being examined. In addition, if compensation has been paid to the victim and the injury subsequently worsens significantly, the victim can claim additional compensation within five years of the main compensation being paid.
Compensation can be refused or reduced on account of the victim’s behaviour at the time of the acts.
Any victim who has suffered an injury and meets the conditions of Article 1 of the Law of 12 March 1984 on compensation for certain victims of physical injury can claim compensation from the State, regardless of his or her financial situation, provided that effective and adequate compensation or damages have not been obtained.
Compensation can be refused or reduced in view of your relationship with the offender.
The Victims Commission states, in its opinion, whether the claim is justified and how much compensation should be awarded, which is based in particular on how seriously the claimant’s quality of life has been affected. The Minister for Justice then decides whether or not to award compensation and sets the amount.
The maximum amount of compensation that can be awarded by the Minister for Justice cannot exceed a ceiling set each year by Grand-Ducal Regulation. This ceiling was set at EUR 63 000 for 2017.
No specific form needs to be completed in Luxembourg by claimants for compensation. You only need to write a letter indicating the date, place and exact nature of the acts and enclose documents supporting the claim.
Compensation is payable by the State only if the victim cannot obtain effective and adequate compensation in another way, e.g. from the offender, social security or personal insurance. The Victims Commission may take account of any compensation received for your losses from other sources.
If the need arises in duly substantiated cases, the Minister for Justice can award an advance while the claim is being examined.
If compensation has been awarded and the injury subsequently worsens significantly, additional compensation can be claimed. This claim must be submitted within five years of the date on which the main compensation was paid.
This additional compensation cannot exceed the maximum of EUR 63 000 less the amount of compensation previously awarded.
Any supporting documents for the acts and injury that you have suffered must be enclosed with your letter, in support of your claim.
Non-exhaustive list:
No.
Luxembourg Ministry of Justice
13, rue Erasme
L-2934 Luxembourg
Tel.: (+352) 247 84527 / (+352) 247 84517
Fax: (+352) 26 68 48 61 / (+352) 22 52 96
Email: info@mj.public.lu
Website: http://www.mj.public.lu/
Luxembourg Ministry of Justice
13, rue Erasme
L-2934 Luxembourg
Tel.: (+352) 247 84527 / (+352) 247 84517
Fax: (+352) 26 68 48 61 / (+352) 22 52 96
Email: info@mj.public.lu
Website: http://www.mj.public.lu/
The Victims Commission must invite the victim to attend the hearing. If he or she attends, the Commission will listen to his or her account of the acts and the injury suffered. This hearing is not public and you can be assisted by a lawyer.
The Minister for Justice will decide within six months of your compensation claim being submitted.
If the victim is not satisfied with the decision of the Minister for Justice in terms of the principle or amount awarded, he or she can take legal action against the State, represented by the Minister for Justice. This action must be brought before the District Court (tribunal d’arrondissement) of Luxembourg or Diekirch, as the claimant chooses.
Information on the procedure for submitting a claim can be obtained from:
Ministry of Justice
13, rue Erasme
L-2934 Luxembourg
Tel.: (+352) 247 84527 / (+352) 247 84517
Fax: (+352) 26 68 48 61 / (+352) 22 52 96
Email: info@mj.public.lu
Website: http://www.mj.public.lu/
In addition, the Legal Reception and Information Service (Service d’Accueil et d’Information juridique) and the Victim Support Service (Service d’aide aux victimes) of the Central Social Assistance Service (Service central d’assistance sociale) offer help and advice with submitting claims.
Website:
http://www.mj.public.lu/services_citoyens/indemnisation/index.html
https://justice.public.lu/fr/aides-informations/assistance-sociale/scas-service-aide-victimes.html
Anyone who can prove that they do not have sufficient income can receive legal aid free of charge, under the conditions laid down by law. A lawyer can be appointed to offer you legal advice or represent you in court, with the costs being covered by the State. Anyone can consult the bodies offering legal information and advice or mediation. You can access the Legal Reception and Information Service to obtain any legal information free of charge.
- Service d’aide aux victimes (Victim Support Service), Service central d’assistance sociale (Central Social Assistance Service)
Bâtiment Plaza Liberty, Entrée A
12-18, rue Joseph Junck
L-1839 Luxembourg
Tel.: (+352) 47 58 21-627 / 628
Mobile: (+352) 621 32 65 95
Email: scas-sav@justice.etat.lu
- Service d’Accueil et d’Information juridique (Legal Reception and Information Service):
in Luxembourg,
Cité judiciaire – Bâtiment BC,
L-2080 Luxembourg
Tel.: (+352) 22 18 46
in Diekirch,
Justice de Paix,
L-9211 Diekirch
Tel.: (+352) 80 23 15
in Esch-sur-Alzette,
Justice de Paix,
L-4239 Esch-sur-Alzette
Tel.: (+352) 54 15 52
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