If my claim is to be considered in this country

Compensation schemes available in EU countries

Article 12 of the Compensation Directive requires that each EU country sets up a national scheme of compensation to all victims of violent intentional crime. According to this law all victims of violent intentional crime have access to a national compensation scheme from the country on whose territory the crime was committed.

Here you find information about the compensation scheme(s) available in the EU countries.

Some of the countries also provide access to compensation to its own nationals if the crime took place abroad. This aspect is not currently covered by the EU rules.

According to the Compensation Directive you can claim compensation from the EU country in which the crime was committed if you live in this State (national case) or if you live in another EU country (cross border case).

Therefore you are advised to look at the information of the country in which the crime was committed.

Please select the relevant country's flag to obtain detailed national information.

Last update: 17/10/2019

This page is maintained by the European Commission. The information on this page does not necessarily reflect the official position of the European Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice with regard to copyright rules for European pages.

If my claim is to be considered in this country - Belgium

For victims of terrorism, please refer to the section further down this page by clicking here.

Which type of crime can I get compensation for?

The Commission for financial assistance to victims of intentional acts of violence (Commission pour l’aide financière aux victimes d’actes intentionnels de violence) can grant financial assistance to victims (and to close relatives of victims) of an intentional act of violence that has occurred in Belgium.

For victims of terrorism, please refer to the specific information below.

Which type of injury can I get compensation for?

The types of injury considered by the Commission differ depending on the category of victim:

A. Direct victims – people who have suffered a physical and/or mental injury as a direct result of an intentional act of violence in Belgium.

For direct victims, the Commission may consider:

  • temporary and permanent disabilities;
  • non-material damage;
  • loss of earnings;
  • disfigurement;
  • loss of school years (academic failures);
  • medical costs;
  • costs of proceedings (including procedural compensation) up to a maximum of €6 000;
  • material costs (maximum: €1 250).

B. Indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has died as a result of an intentional act of violence.

For this category of victim, the Commission may consider:

  • non-material damage;
  • medical costs of close relatives;
  • funeral costs (up to a maximum of €6 000/death);
  • costs of proceedings;
  • loss of maintenance for close relatives who depended financially on the victim before his or her death;
  • loss of school years.

C. Indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has been seriously injured as a result of an intentional act of violence.

For this category of victim, the Commission may consider:

  • non-material damage;
  • medical costs of close relatives;
  • costs of proceedings.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, close relatives (heirs) up to the second degree and relatives by marriage up to the second degree of a victim who has died as a direct result of an intentional act of violence can get financial assistance.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Yes, close relatives (heirs) up to the second degree and relatives by marriage up to the second degree of a victim who has not died but has been seriously injured as a direct result of an intentional act of violence can get financial assistance.

Can I get compensation if I'm not a national of an EU country?

Yes. The Commission can grant financial assistance regardless of your nationality or legal/illegal status in Belgium.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

No, the Commission can grant financial assistance only for acts that have occurred in Belgium.

However, there is one exception: in the case of acts of terrorism committed abroad where the victims are Belgian nationals or have their habitual residence in Belgium (see ‘victims of terrorism’ section).

Do I have to have reported the crime to the police first. to be able to claim compensation?

Yes, the crime must have been reported to the police. The Law of 1 August 1985, which regulates the Commission, also requires you to have sued for damages in criminal proceedings.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

The main financial assistance granted by the State can be claimed only at the end of the legal proceedings and based on the final decision made by the courts.

However, emergency assistance can be granted, under certain conditions, before the end of the legal proceedings.

Do I have to first seek compensation from the offender – if they have been identified?

Yes. The victim must sue the offender for damages in criminal proceedings, if the offender has been identified, as the Commission’s assistance is an alternative form of compensation that is only granted as a last resort.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

If the offender has not been identified by the end of the legal proceedings or if the case is closed without further action due to the offenders not having been identified, a victim can request financial assistance from the Commission. In such cases, the victim must have at least formally reported the crime (to the police or the public prosecutor’s office).

Is there a time limit within which I have to claim compensation?

A claim for the main financial assistance must be submitted within three years of the final court decision made in the case or within three years of a decision to close the case without further action due to the offenders not having been identified.

Which losses and expenses are covered by the compensation?

For direct victims, the Commission may consider:

  • temporary and permanent disabilities;
  • non-material damage;
  • loss of earnings;
  • disfigurement;
  • loss of school years (academic failures);
  • medical costs;
  • costs of proceedings (including procedural compensation) up to a maximum of €6 000;
  • material costs (maximum: €1 250).

For indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has died as a result of an intentional act of violence –

the Commission may consider:

  • non-material damage;
  • medical costs of close relatives;
  • funeral costs (up to a maximum of €6 000/death);
  • costs of proceedings;
  • loss of maintenance for close relatives who depended financially on the victim before his or her death;
  • loss of school years.

For indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has been seriously injured as a result of an intentional act of violence –

  • the Commission can consider:
  • non-material damage;
  • medical costs of close relatives;
  • costs of proceedings.

Is the compensation paid out in a single payment or monthly instalments?

The Commission’s financial assistance is paid out in a single payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The Commission can take into account the behaviour of the direct victim of the intentional act of violence at the time of that act and the fact that the victim contributed to his or her injury.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation is not taken into account.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

The Commission takes account of compensation paid by the offender and any payments made by mutual benefit organisations or insurance companies (principle of subsidiarity).

How will the compensation be calculated?

The Commission, which is an administrative tribunal, grants the financial assistance on the basis of fairness.

Is there a minimum/maximum amount that can be awarded?

Minimum amount: €500

Maximum amount of the main assistance (and full assistance): €125 000

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

This is not required.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes, the Commission’s assistance is based on the principle of subsidiarity. Compensation paid by insurance companies (and also by the offender) is therefore taken into account.

Can I get an advance on the compensation? If so, under what conditions?

Emergency assistance can be granted, even where a court decision has not been made in the case. In accordance with its case-law, the Commission can grant emergency assistance solely for medical costs (minimum of €500) that are payable by the victim (after any insurance companies have made or refused to make their contribution).

The emergency assistance is limited to €30 000.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

Additional (financial) assistance can be requested if the injury worsens in the 10 years after the main assistance was granted, except where the victim has already received the maximum amount of assistance from the Belgian State (€125 000). The victim must prove (through detailed medical documents) that his or her injury has worsened.

What supporting documents do I need to include with my claim?

  • claim form (fr Word(39 Kb)frnl Word(35 Kb)nl);
  • copy of the police report + detailed description of the act;
  • copy of the claim for damages in the criminal proceedings;
  • copy of all judgments made in the case;
  • copy of the medical reports describing the physical and/or mental consequences of the act; copy of the evidence of medical costs/material costs/costs of proceedings not covered by insurance;
  • evidence of the loss of earnings;
  • in the event of death, copy of the death certificate;
  • for the close relatives of a victim, an official certificate of household composition issued by the Registry Office (Etat civil);
  • evidence of funeral costs (in the case of the direct victim’s death);
  • evidence of academic failure;
  • evidence of compensation paid by the offender or the offender’s insolvency;
  • evidence of payments made by insurance companies.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Commission for financial assistance to victims of intentional acts of violence and voluntary rescuers (COMMISSION POUR L’AIDE FINANCIERE AUX VICTIMES D’ACTES INTENTIONNELS DE VIOLENCE ET AUX SAUVETEURS OCCASIONNELS), which is part of the Federal Public Service for Justice (SPF JUSTICE).

Where do I send the claim (in national cases)?

Claims (consisting of claim forms and supporting documents) must be posted in duplicate to (postal address):

Commission pour l’aide financière aux victimes d’actes intentionnels de violence
SPF Justice
Boulevard de Waterloo 115
1000 BRUXELLES

Do I need to be present during the procedure and/or when my claim is being decided?

No. You do not need to be present during Commission hearings when your claim is being decided.

How long does it take (approximately) to receive a decision from the authority on a claim for compensation?

Around 18 months for the main assistance.

If I’m not satisfied with the authority’s decision, how can I challenge it?

The Commission’s decision is not open to appeal. Only an action for annulment can be brought before the Belgian Council of State (Conseil d’Etat).

Where can I get the necessary forms and other information on how to claim?

From the Link opens in new windowCommission’s website or by telephone.

Is there a special helpline or website I can use?

Link opens in new windowCommission pour l’aide financière aux victimes d’actes intentionnels de violence et aux sauveteurs occasionnels

Tel.: +32 2 542 72 07, +32 2 542 72 08, +32 2 542 72 44

Email address: Link opens in new windowcommission.victimes@just.fgov.be

Can I get legal aid (help from a lawyer) when preparing the claim?

Not through the Commission.

Legal aid can be requested (under certain conditions) from the bar association in the judicial district where the act occurred or where the victim is resident.

Are there any victim support organisations that can help me claim compensation?

There are victim support services that can help victims to claim financial assistance from the Commission.

Victim support is provided by the communities and regions of Belgium.

For more information (in particular on the various services authorised to provide assistance):

Wallonia-Brussels Federation: Link opens in new windowhttp://www.victimes.cfwb.be/

Flanders: Link opens in new windowhttps://www.slachtofferzorg.be/

-------------------

For victims of terrorism:

Which type of crime can I get compensation for?

The Commission for financial assistance to victims of intentional acts of violence (Commission pour l’aide financière aux victimes d’actes intentionnels de violence) can grant financial assistance to victims (and to close relatives of victims) of an act of terrorism. The cases of victims of terrorism are managed by the Commission’s Terrorism Division.

Which type of injury can I get compensation for?

The types of injury considered by the Commission differ depending on the category of victim:

A. Direct victims – people who have suffered a physical and/or mental injury as a direct result of an intentional act of violence in Belgium.

For direct victims, the Commission may consider:

  • temporary and permanent disabilities;
  • non-material damage;
  • loss of earnings;
  • disfigurement;
  • loss of school years (academic failures);
  • medical costs;
  • costs of proceedings (including procedural compensation) up to a maximum of €6 000;
  • material costs (maximum: €1 250).

B. Indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has died as a result of an intentional act of violence.

For this category of victim, the Commission may consider:

  • non-material damage;
  • medical costs of close relatives;
  • funeral costs (up to a maximum of €6 000/death);
  • costs of proceedings;
  • loss of maintenance for close relatives who depended financially on the victim before his or her death;
  • loss of school years.

C. Indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has been seriously injured as a result of an intentional act of violence.

For this category of victim, the Commission may consider:

  • non-material damage;
  • medical costs of close relatives;
  • costs of proceedings.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, close relatives (heirs) up to the second degree and relatives by marriage up to the second degree of a victim who has died as a direct result of an act of terrorism can get financial assistance.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Yes, close relatives (heirs) up to the second degree and relatives by marriage up to the second degree of a victim who has not died but has been seriously injured as a direct result of an act of terrorism can get financial assistance.

Can I get compensation if I'm not a national of an EU country?

Yes. The Commission can grant financial assistance regardless of your nationality or legal/illegal status in Belgium.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

The Commission’s Terrorism Division can grant financial assistance in the case of acts of terrorism committed abroad where the victims are Belgian nationals or have their habitual residence in Belgium. However, such acts must be recognised as acts of terrorism by the Belgian Federal Government through a Royal Decree.

Do I have to have reported the crime to the police first. to be able to claim compensation?

No, but it is in the interests of the victim or his or her close relatives to register as a victim (of the act of terrorism) with the police or federal public prosecutor’s office.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No.

Do I have to first seek compensation from the offender – if they have been identified?

No.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes. The financial assistance granted by the Commission to victims of acts of terrorism is independent of any legal proceedings.

Is there a time limit within which I have to claim compensation?

A claim for financial assistance due to acts of terrorism must be submitted to the Commission within three years of the entry into force of the Royal Decree recognising those acts as acts of terrorism.

Which losses and expenses are covered by the compensation?

For direct victims, the Commission may consider:

  • temporary and permanent disabilities;
  • non-material damage;
  • loss of earnings;
  • disfigurement;
  • loss of school years (academic failures);
  • medical costs;
  • costs of proceedings (including procedural compensation) up to a maximum of €6 000;
  • material costs (maximum: €1 250).

For indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has died as a result of an intentional act of violence –

the Commission may consider:

  • non-material damage;
  • medical costs of close relatives;
  • funeral costs (up to a maximum of €6 000/death);
  • costs of proceedings;
  • loss of maintenance for close relatives who depended financially on the victim before his or her death;
  • loss of school years.

For indirect victims – heirs up to the second degree and relatives by marriage up to the second degree of a victim who has been seriously injured as a result of an intentional act of violence –

the Commission may consider:

  • non-material damage;
  • medical costs of close relatives;
  • costs of proceedings.

It should be noted that the financial assistance procedure for victims of terrorism will be changed during 2018.

Is the compensation paid out in a single payment or monthly instalments?

The Commission’s financial assistance is paid out in a single payment, although the victim may receive an advance as well as the main financial assistance.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The Commission can take into account the behaviour of the direct victim of the intentional act of violence at the time of that act and the fact that the victim contributed to his or her injury.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation is not taken into account.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

The Commission takes account of compensation paid by the offender and any payments made by mutual benefit organisations or insurance companies (principle of subsidiarity).

How will the compensation be calculated?

The Commission, which is an administrative tribunal, grants the financial assistance on the basis of fairness.

Is there a minimum/maximum amount that can be awarded?

Minimum amount: €500
Maximum amount of the advance: €30 000
Maximum amount of the main assistance (and full assistance): €125 000

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

This is not required.

Will any compensation I receive from other sources for my loss (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes, the Commission’s assistance is based on the principle of subsidiarity. Compensation paid by insurance companies (and also by the offender) is therefore taken into account.

Can I get an advance on the compensation? If so, under what conditions?

An advance can be paid to victims of terrorism. Emergency assistance can be granted to victims of terrorism who have been hospitalised and to the close relatives of a victim who has died as a result of the act of terrorism.

Emergency assistance is limited to €30 000.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

Additional (financial) assistance can be requested if the injury worsens in the 10 years after the main assistance was granted, except where the victim has already received the maximum amount of assistance from the Belgian State (€125 000). The victim must prove (through detailed medical documents) that his or her injury has worsened.

What supporting documents do I need to include with my claim?

  • specific claim form for victims of terrorism (fr Word(73 Kb)frnl Word(66 Kb)nl or en Word(67 Kb)en);
  • copy of the police report + detailed description of the act;
  • copy of the medical reports describing the physical and/or mental consequences of the acts;
  • copy of the evidence of medical costs/material costs/costs of proceedings not covered by insurance;
  • evidence of the loss of earnings;
  • in the event of death, copy of the death certificate;
  • for the close relatives of a victim, an official certificate of household composition issued by the Registry Office (Etat civil);
  • evidence of funeral costs (in the case of the direct victim’s death);
  • evidence of academic failure;
  • evidence of payments made by insurance companies.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Commission for financial assistance to victims of intentional acts of violence and voluntary rescuers – Terrorism Division (COMMISSION POUR L’AIDE FINANCIERE AUX VICTIMES D’ACTES INTENTIONNELS DE VIOLENCE ET AUX SAUVETEURS OCCASIONNELS – DIVISION TERRORISME).

Where do I send the claim (in national cases)?

Claims (consisting of claim forms and supporting documents) can be emailed or posted to:

Postal Address:
Commission pour l’aide financière aux victimes d’actes intentionnels de violence – Division Terrorisme
SPF Justice
Boulevard de Waterloo 115
1000 BRUXELLES
Email Address: Link opens in new windowterrorvictims@just.fgov.be

Do I need to be present during the procedure and/or when my claim is being decided?

No. You do not need to be present during Commission hearings when your claim is being decided.

How long does it take (approximately) to receive a decision from the authority on a claim for compensation?

For the advance, the decision is made within four to six weeks of the claim being submitted, if this is complete.

For the main assistance, the Commission will examine the claim only after any insurance companies have made their payments, based on the long-term consequences for victims.

If I’m not satisfied with the authority’s decision, how can I challenge it?

The Commission’s decision is not open to appeal. Only an action for annulment can be brought before the Belgian Council of State (Conseil d’Etat).

Where can I get the necessary forms and other information on how to claim?

Link opens in new windowCommission pour l’aide financière aux victimes d’actes intentionnels de violence – Division Terrorisme
Email Address: Link opens in new windowterrorvictims@just.fgov.be

Is there a special helpline or website I can use?

Link opens in new windowCommission pour l'aide financière aux victimes d'actes intentionnels de violence – Division Terrorisme
Email Address: Link opens in new windowterrorvictims@just.fgov.be
Tel.: +32 471 123 124

Can I get legal aid (help from a lawyer) when preparing the claim?

No.

Are there any victim support organisations that can help me claim compensation?

There are victim support services that can help victims to claim financial assistance from the Commission.

Victim support is provided by the communities and regions of Belgium.

For more information (in particular on the various services approved to provide assistance):

Wallonia-Brussels Federation: Link opens in new windowhttp://www.victimes.cfwb.be/

Flanders: Link opens in new windowhttps://www.slachtofferzorg.be/

Last update: 10/12/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Bulgaria

Which type of crime can I get compensation for?

In the Republic of Bulgaria, you can receive compensation from the state for material damage sustained as a direct result of the following crimes:

  • terrorism; murder; attempted murder; intentional grievous bodily harm; molestation; rape; trafficking in human beings;
  • offences committed upon the order or decision of an organised criminal group;
  • other violent intentional crime which has caused, as intrinsic consequences, death or grievous bodily harm.

Which type of injury can I get compensation for?

See the answer to the first question.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Where the victim has died as a result of a crime, the right to compensation accrues to the victim’s successors or partner/cohabitee.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

No, you cannot. The victim’s successors or partner/cohabitee can get compensation only if the victim has died as a result of a crime.

Can I get compensation if I’m not a national of an EU country?

Compensation can be awarded to foreign nationals in cases provided for in an international agreement to which the Republic of Bulgaria is party.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

No, you cannot. The compensation is paid by the competent authority of the Member State in which the crime was committed.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, you do. No compensation is provided when the victim has not reported the crime to the competent authorities, unless the victim was not able to do so for legitimate reasons.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

Yes, you do. Crime victims are entitled to claim compensation once criminal proceedings have been concluded by a final decision of the judicial authorities, namely:

  • a criminal conviction, including where the case has been heard in the defendant’s absence;
  • an out-of-court settlement agreement;
  • a decision by the Public Prosecutor’s Office or the competent court terminating the criminal proceedings, excluding cases terminated on the grounds of Article 24(1) subparagraphs 1, 7, 8a, and 9 of the Criminal Procedure Code (Nakazatelno-protsesualen kodeks);
  • a decision by the Public Prosecutor’s Office or competent court suspending criminal proceedings because the offender has not been identified.

Do I first have to seek compensation from the offender – if they have been identified?

While there is no such requirement, compensation will not be provided if the victim has otherwise been compensated.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

See the answer to the question: ‘Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?’.

Is there a time limit within which I have to claim compensation?

Applications for compensation have to be submitted no more than one year after the date on which the relevant decision of the judicial authority becomes final.

Which losses and expenses are covered by the compensation?

The compensation covers, jointly and severally, material damage sustained as a direct result of the crime, including:

  • treatment costs, excluding costs paid from the budget of the National Health Insurance Fund;
  • loss of earnings;
  • legal costs;
  • loss of means of subsistence;
  • funeral costs;
  • other material damage.

Victims have to submit the relevant documents proving all material damage claimed.

Is the compensation paid out in a single payment or monthly instalments?

Crime victims are entitled to a single compensation payment from the state.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Compensation will not be provided in cases where:

  • the victim was convicted of a crime listed in the answer to the first question in the five-year period before submitting the application for compensation;
  • the offence was committed under extreme emotional disturbance caused by an illegal action of the victim which resulted in, or may have resulted in, severe consequences for the offender or offender’s relatives;
  • the offence was committed while overstepping the limits of legitimate self-defence.
  • If the victim has contributed to the criminal outcome, the amount of compensation which would otherwise have been payable will be reduced.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

All crime victims have the same rights. The victim’s financial situation has no bearing on claiming compensation from the state.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

Compensation will be provided by the state for crimes committed after 30 June 2005 that fall within the categories specified in the answer to the first question.

How will the compensation be calculated?

Victims have to submit the relevant documents proving all material damage claimed.

Is there a minimum/maximum amount that can be awarded?

The compensation payable by the state is a cash amount which may not exceed BGN 10 000. When compensation is awarded for the maintenance of dependants under the age of 18 who are successors of a person who has died as a result of a crime, the compensation for each dependant can amount to no more than BGN 10 000.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes, you are. In the application for compensation, the victim has to specify the amount of compensation and material damage claimed.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes, it will.

Can I get an advance on the compensation? If so, under what conditions?

No, you cannot.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

No, you cannot.

What supporting documents do I need to include with my claim?

  • a copy of the decision of the judicial authority concerned and the statement of reasons for it in the case of a conviction;
  • an extract from a judicial record if the person is not a Bulgarian national;
  • a copy of an identity document;
  • an attestation of the current domicile of the person entitled to compensation in Bulgaria;
  • a document on legal representation, guardianship or custodianship;
  • a certificate of succession if the person entitled to compensation is the child, parent or spouse of a victim who has died as a result of a crime;
  • certified copies of documents supporting expenses, such as medical costs (excluding costs covered by the National Health Insurance Fund), funeral costs, etc.;
  • a document certifying earnings received by the victim under employment relationships or equivalent arrangements for a six-month period before the date of the crime;
  • a court statement of expenses incurred in relation to the legal proceedings;
  • documents proving other material damage;
  • a statement that the victim has not otherwise been compensated for the material damage sustained as a result of the crime.

Are there administrative or other charges to be paid when the claim is received and processed?

No, there are not.

Which authority decides on compensation claims (in national cases)?

The National Council for Assistance and Compensation to Victims of Crime at the Ministry of Justice of the Republic of Bulgaria.

Where do I send the claim (in national cases)?

MINISTRY OF JUSTICE OF THE REPUBLIC OF BULGARIA

National Council for Assistance and Compensation to Victims of Crime

Address: Slavyanska 1, 1040 Sofia, Republic of Bulgaria

Web: Link opens in new windowhttp://www.compensation.bg

Do I need to be present during the procedure and/or when my claim is being decided?

No, you do not.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The application for compensation is reviewed no more than one month after the date on which it was received. If necessary, this time limit can be extended by up to three months.

If I'm not satisfied with the authority’s decision, how can I challenge it?

Decisions of the National Council for Assistance and Compensation to Victims of Crime cannot be challenged.

Where can I get the necessary forms and other information on how to claim?

The standard application form for compensation is available from the National Council for Assistance and Compensation to Victims of Crime, provincial governors, investigators, and victim support organisations. An electronic application form for compensation is available on the website of the National Council: Link opens in new windowhttp://www.compensation.bg.

Is there a special helpline or website I can use?

Please refer to the website of the National Council for Assistance and Compensation to Victims of Crime: Link opens in new windowhttp://www.compensation.bg.

Can I get legal aid (help from a lawyer) when preparing the claim?

Victim support organisations provide practical assistance to crime victims, including help with preparing the application for compensation.

Are there any victim support organisations that can help me claim compensation?

Yes. The Bulgarian Association of Victim Support Organisations.

Tel. +359 29819300

Last update: 03/10/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Czech Republic

Which type of crime can I get compensation for?

The Czech Republic will provide financial assistance to the victims of crimes that have suffered damage to health and to the survivors of the victims who have died as a result of the crime. Furthermore, persons entitled to financial assistance include victims of sexual crimes against human dignity and abused children.

Which type of injury can I get compensation for?

Financial assistance serves to overcome the deteriorated social situation resulting from the crime; it does not replace the obligation of the offender to compensate for the damage caused to the victim.

Survivors receive the financial assistance as a lump sum; victims who have suffered damage to health may also seek lump sum assistance (its amount depending on the severity of the consequences caused) or may claim reimbursement of the costs of treatment or compensation for lost earnings. Victims of sexual crimes against human dignity or abused children may seek reimbursement of the cost of therapy to alleviate the non-material injury suffered.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, the survivors of victims who died as a result of a crime have the right to financial assistance if the survivor is the deceased’s parent, spouse, registered partner, child or sibling and lived in a common household with the deceased at the time of death, or if the survivor is a person to whom the deceased provided or was obliged to provide maintenance.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

In this case, you do not have the right to financial assistance.

Can I get compensation if I'm not a national of an EU country?

You can, if you are a permanent resident of or are legally resident in another EU Member State and have become a victim of a crime committed in the Czech Republic, or if you are legally resident in the Czech Republic for more than 90 days and have become the victim of a crime committed here, if you have applied for international protection in the Czech Republic or have been granted asylum or subsidiary protection, or, where relevant, under the conditions laid down in an international treaty.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

If you are a citizen of the Czech Republic, you are entitled to financial assistance from the Czech Republic, regardless of the country in which the crime you were the victim of was committed.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, this is required.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

It is not necessary to await the outcome of the investigation; financial assistance can be provided if existing investigation of law enforcement authorities shows that there is no doubt that a crime has been committed and that legal conditions for the entitlement to financial assistance have been fulfilled.

Do I have to first seek compensation from the offender – if they have been identified?

If you do not claim damages against the offender, financial assistance may be reduced or even not awarded.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

In this case it is necessary to distinguish whether the offender is unknown or if the person prosecuted for the crime has not been found guilty, even though it is obvious that the crime has occurred (that is, the crime was committed, but it could have been committed by someone else). In this case, you have the right to financial assistance. However, if the offender has been acquitted because the prosecuted act is not a crime at all, you cannot have the right to financial assistance. A claim is primarily assessed on the basis of materials collected by law enforcement authorities; your task is to demonstrate the amount of injury caused and, if applicable, of any damage that may be considered (treatment costs and lost earnings).

Is there a time limit within which I have to claim compensation?

The claim must be filed within two years from the time you learned of the damage, but not later than 5 years from the date of the crime. Upon the expiration of one of these time limits, the right to the assistance ceases to exist.

Which losses and expenses are covered by the compensation?

(a) For victims of crime:

– material (non-psychological) injury:

  • healthcare costs related to injuries (medical treatment – outpatient and hospital care, convalescence) – YES
  • additional needs or costs resulting from injuries (i.e. care and assistance, temporary and permanent care, long-term rehabilitation, home adjustments, special aids, etc.)
  • in the case of expenditure directly related to the correction of health, then yes (special aids, medical care or rehabilitation)
  • injuries with permanent consequences (e.g. invalidity and other permanent disabilities)
    • lost profits during and after medical care (including lost profits and loss of ability to earn or reduced means of subsistence, etc.) – YES
    • loss of opportunity – NO
    • costs associated with judicial proceedings relating to the event giving rise to the damage in question, such as legal fees, court fees) – NO
    • compensation for stolen or damaged personal property – NO
    • Others – NO

– psychological (moral) injury:

  • pain and suffering of the victim – NO

(b) In the case of authorised persons or relatives of the victim:

– material (non-psychological) injury:

  • funeral costs – NO
  • costs of health care (e.g. therapy of a family member, outpatient and hospital care, rehabilitation) – NO
  • loss of means of subsistence or loss of opportunities – NO

– psychological harm:

  • pain and suffering of relatives or authorised persons / compensation for survivors if the victim has died – NO

Is the compensation paid out in a single payment or monthly instalments?

Financial assistance is paid as a one-off payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Your criminal history is not decisive for your right to financial assistance; however, if you do not cooperate with the law enforcement authorities on solving the crime, you cannot be granted financial assistance. You will also not be granted assistance if you participated in the crime as an accomplice.

If you do not provide the necessary cooperation in the financial assistance procedure, the procedure may be terminated or your claim may be rejected.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Only if it is obvious that your social situation has not deteriorated as a result of the crime, you may not be granted financial assistance.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

If you have contributed to the injury in any way, financial assistance may be reduced or not granted at all.

How is compensation calculated?

Victims who have suffered a minor health injury may claim a lump sum assistance of CZK 10 000.

Victims who have suffered a severe health injury may claim a lump sum assistance of CZK 50 000.

Instead of a lump-sum assistance, victims who have suffered a health injury may request financial assistance of up to CZK 200 000, equivalent to the proven treatment costs and/or lost earnings.

The survivors are entitled to financial assistance paid as a lump sum of CZK 200 000, except for siblings, who are entitled to assistance of CZK 175 000.

Is there a minimum/maximum amount that can be awarded?

As a victim of a crime that has suffered damage to health or as a survivor, you can be granted up to CZK 200 000; in addition, in case of death, total financial assistance granted to all survivors may not exceed CZK 600 000, and if there are more survivors, the assistance granted shall be proportionately reduced so as not to exceed the maximum amount of the financial assistance.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Only in the case of an insurance covering the offender’s obligation to compensate for the damage caused, which, under Czech law, is practically possible in the case of traffic and occupational accidents.

Can I get an advance on the compensation? If so, under what conditions?

Advance payments for financial assistance are not provided.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

Yes, to the maximum allowable amount of financial assistance.

What supporting documents do I need to include with my claim?

  • power of attorney, proof of a family relationship with the victim
  • victim’s death certificate
  • a copy of the police report
  • a copy of the court decision
  • health documentation
  • hospital bills or bills for related expenses
  • bills for treatment costs
  • receipt documents

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

Ministry of Justice.

Where do I send the claim (in national cases)?

Ministry of Justice.

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The claim should be decided within 3 months.

If I'm not satisfied with the authority’s decision, how can I challenge it?

By bringing administrative action in court.

Where can I get the necessary forms and other information on how to claim?

On the website of the Ministry of Justice, from NGOs focusing on victims of crime, and from the Probation and Mediation Service.

Is there a special helpline or website I can use?

No.

Can I get legal aid (help from a lawyer) when preparing the claim?

Yes, but at your own expense.

Are there any victim support organisations that can help me claim compensation?

The largest is Bílý kruh bezpečí (White Circle of Safety); the Probation and Mediation Service of the Czech Republic also helps victims.

Last update: 11/12/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Denmark

Which type of crime can I get compensation for?

The State provides compensation and damages to the claimant in the event of a violation of the Danish Penal Code or "Act on residence, prohibition of residence and expulsion" which has resulted in personal injury or death. This follows from the Act on Compensation to Victims. Violation of special legislation, including the Road Traffic Act, the Military Penal Code and statutory orders, cannot form the basis for awarding compensation and damages under the Act on Compensation to Victims. The Danish Criminal Injuries Compensation Board makes an independent assessment of whether an incident is covered by the Act on Compensation to Victims. However, the police's assessment of the incident usually provides a guide for the assessment by the Danish Criminal Injuries Compensation Board. No compensation or damages are granted if the action is not punishable on account of, for example, self-defence, jus necessitatis or consent.

Which type of injury can I get compensation for?

The main scope of the Act is personal injury, as compensation for damage to property is only granted to a limited extent. Personal injury is understood to refer to both physical injuries and psychological injuries.

In principle, compensation is only paid to the direct claimant affected by the criminal offence. However, you may have been so close to the event that you can obtain compensation and damages under the Act on Compensation to Victims, even though you cannot really be regarded as having been wronged. There is also the possibility, as a relative, of receiving compensation for funeral expenses, loss of the principal earner, etc., cf. below.

In the event of personal injury, compensation and damages can be granted for:

  • Recuperation expenses
  • Lost earnings
  • Pain and suffering
  • Permanent injury
  • Loss of earning capacity
  • Tort
  • Compensation for gross violation
  • Other losses (such as prolongation of training or need for special aids)
  • Legal expenses

If the claimant dies, there is the possibility of compensation for:

  • Funeral expenses
  • Loss of principal earner
  • Transitional amount for surviving spouse/cohabitant
  • Allowance for survivors

In situations where there has also been damage to property, compensation is paid for clothing and personal belongings that the victim was wearing or had on them when the personal injury occurred, as well as compensation for property damage caused by certain committed individuals, such as convicts.

There is no compensation for pecuniary loss, as a result of fraud for example. Similarly, no compensation is paid for privation, operating losses, lost profits, and the like.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes. As mentioned above, compensation and damages can be paid in the event of the death of the injured party.

Compensation for funeral expenses is payable to the person who has paid for the funeral, regardless of whether this person is a relative or not.

Compensation for loss of a principal earner is provided to the spouse/cohabiting partner and surviving children, for whom the deceased was the principal earner.

If the deceased does not leave a spouse/cohabitant, a transitional allowance may be awarded to another survivor if supported by special circumstances. This could be a brother or sister who for many years had lived together and shared a household with the deceased.

In addition, an allowance can be granted to survivors to whom the deceased was particularly close. As a starting point, this allowance is granted to a spouse, cohabitant, minors and the parents of the latter.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Parents can be reimbursed for expenses for medical visits in connection with visits to their own injured children.

For children and adolescents, it can be crucial for an improvement to their state of health that their mother or father is present in the hospital or participates in rehabilitation. In such special cases, the mother's or father's loss of income may be covered in whole or in part.

Can I get compensation if I'm not a national of an EU country?

Yes. The Act on Compensation to Victims contains no requirement for citizenship or residence to obtain compensation, only that the criminal incident occurred in Denmark. If the conditions of the Act are otherwise fulfilled, it is irrelevant whether the claimant is a foreigner resident in Denmark, is merely a tourist or is briefly resident on Danish territory.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

Generally speaking, no. However, there is a limited possibility of obtaining compensation from the Danish Criminal Injuries Compensation Board even if the personal injury has arisen as a result of a criminal offence committed abroad. Compensation is provided only if it is reasonable to provide it. The possibility of granting compensation is intended to be narrow in scope and is only used in special cases when supported by specific circumstances.

In special cases, compensation is paid for injury caused by acts committed outside Denmark if the claimant is domiciled in Denmark, has Danish nationality, or at the time of the offence was posted to represent Denmark overseas. Compensation and damages are paid for injuries that occur when a person of Danish nationality or domiciled in Denmark assaults abroad another person of Danish nationality or domiciled in Denmark. However, only when the injury occurs within a closed Danish environment, such as in connection with a school trip. If it is coincidence that both victim and perpetrator have connections with Denmark, no compensation is granted.

Compensation may also be granted when such acts have been committed against a claimant resident in Denmark and on business outside Denmark. This includes only short-term professional work abroad in circumstances where it cannot be expected that the claimant or the employer will have taken out private insurance to cover the injury. The injury must have occurred during working hours.

Study and internships abroad are not considered to be occupational activities.

An applicant who is a minor residing abroad due to his or her parents' professional activities can obtain compensation and damages. Here, emphasis will be placed on the parents' circumstances.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, it is a fundamental condition for obtaining compensation from the State that the criminal offence have been reported to the police within 72 hours.

Notification means a request to the police to investigate a case. In more serious cases, it will rarely be necessary to make an explicit request for investigation, but in less serious cases it will generally be necessary. The fact that the police have been present and perhaps have also spoken to the injured party will therefore not always suffice for the crime to be considered to have been reported.

It is possible to dispense with the notification deadline in certain circumstances. For example, the Danish Criminal Injuries Compensation Board almost always dispenses with the requirement for notification to the police within 72 hours if, despite the late notification, the offender is successfully arrested and prosecuted.

According to the law, fear of retaliation is not a valid reason to refrain from making a police report within 72 hours.

The deadline of 72 hours is lifted in relation to cases of rape, incest, serious sexual offences against children and certain sexual offences committed against a person under the age of 18. The amendment to the law concerns only the 72-hour deadline, and it is still assumed to be a condition that the criminal offence be reported to the police. The deadline has been abolished with effect for injuries caused by criminal offences committed after 1 April 2016.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

Administrative processing

The application for compensation must be submitted to the police in the police district where notification of the offence has taken place. The application shall be forwarded by the police to the Danish Criminal Injuries Compensation Board.

If the case is still being processed by the police, the prosecutor or the courts, the police will only submit the application to the Danish Criminal Injuries Compensation Board at the end of the case. However, the case can be dealt with by the Danish Criminal Injuries Compensation Board before it has been finalised by the police, the public prosecutor's office or the courts in certain circumstances.

The latter only occurs in very rare cases and usually only in connection with very serious offences, typically homicides, where for the sake of the survivors there may be a special need to decide on the claim for compensation or part of it, even if the case has not yet been completed by the police or by the courts.

No matter how serious a case is, the Danish Criminal Injuries Compensation Board cannot deal with it until the case is closed by the police or by the courts if there is any doubt at all as to whether a criminal offence has been committed, whether there are objective grounds for impunity or whether there may be grounds to reduce compensation due to the fault of the claimant.

Court proceedings

The applicant's claim for compensation must be made during criminal proceedings at the courts. In this case, the judge may choose to examine the merits of the claim or postpone it for examination by the Danish Criminal Injuries Complaints Board or under a civil action. This may depend on whether the perpetrator disputes the claim or not.

If the claim has been dealt with by the courts during the criminal proceedings, the applicant may also send the application to the Danish Criminal Injuries Compensation Board.

Do I have to first seek compensation from the offender – if they have been identified?

Compensation is not awarded by the Danish Criminal Injuries Compensation Board if the applicant's damages are reimbursed by the perpetrator or covered by an insurance policy or other benefits that are in the nature of compensation for damages. The Danish Criminal Injuries Compensation Board does not make a decision until it is established whether the damages are covered from elsewhere.

It is not a condition that an attempt first be made to recover the damages from the perpetrator or that the perpetrator have been identified.

If the offender has not been identified or convicted, can I still qualify for compensation?

Yes. Even if a criminal case cannot be pursued because the perpetrator is unknown or cannot be found, compensation can be provided by the State. However, it is still a condition that the other statutory conditions be fulfilled.

In these cases, the Danish Criminal Injuries Compensation Board shall make an independent assessment as to whether a personal injury has been caused by a criminal offence.

Is there a time limit within which I have to claim compensation?

The Danish Criminal Compensation Board cannot process an application filed more than 2 years after the offence was committed, unless there are special reasons for this. If a judgement has been given in the case, the deadline runs from when the criminal conviction has been completed. If the police have investigated the case and no criminal case has subsequently been pursued, the deadline runs from the time of the police's decision to cease the investigation.

The Danish Criminal Injuries Compensation Board may also not process an application if the latter has previously dealt with claims for damages from the same applicant for the same offence, and the new claim is made more than 2 years after the applicant realised or should have realised the existence of this claim, unless there are special reasons for doing so.

The police have an obligation to provide guidance to a claimant regarding access to compensation under the Act on Compensation to Victims. If the police have not complied with this obligation, the Danish Criminal Injuries Compensation Board will usually disregard the 2-year deadline.

If the applicant was a minor when the offence was committed, the Danish Criminal Injuries Compensation Board will be more likely to disregard the deadline.

Which losses and expenses are covered by the compensation?

  • (a) For the victim of the offence:
    • Material (non-psychological) damage:
      • medical costs of injury (medical treatment - ambulant and hospital treatment, recovery). YES
      • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education, physiotherapy, adaptation of housing, special aids, etc.). YES
      • permanent injury (e.g. invalidity and other permanent handicaps) YES
      • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.). YES
      • loss of opportunity NO
      • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs. YES in some cases In special cases, the Danish Criminal Injuries Compensation Board may decide that the claimant must, in whole or in part, have paid the expenses which he or she has incurred in connection with the Board’s handling of the case. The claimant will never have to pay any legal costs in connection with the criminal case itself, as it is brought by the police.
      • compensation for stolen or damaged personal property YES Compensation is paid for clothing and personal belongings that the victim was wearing or had on them when the personal injury occurred.
    • Psychological (moral) damage:
      • pain and suffering of the victim YES See above for other items for which compensation or damages can be received.
  • (b) For entitled people or relatives of a victim:
    • Material (non-psychological) damage:
      • funeral costs YES
      • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation) NO
      • loss of maintenance or of opportunity YES/NO Compensation is paid for loss of the principal earner. See details above.
    • Psychological damage:
      • pain and suffering of relatives or entitled people/compensation to survivors if the victim died. NO/YES No compensation if granted for pain and suffering for relatives and others. However, a transitional amount can be granted. See above for a more detailed description.

Is the compensation paid out in a single payment or monthly instalments?

Compensation and reimbursement awarded by the Board will be paid approximately 14 days after the Board's decision. The payout is processed by the police in the police district where the crime was reported.

The payment is made in one amount for the claims that have been approved by the individual decision.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

General compensation regulations under Danish law apply correspondingly to applications for compensation and reimbursement for victims in the event of crime, including the regulations regarding reduction and cancellation of the compensation due to the claimant’s participation in the harm or acceptance of the risk of injury. Acceptance of risk can, for example, apply to injuries caused in relation to biker/gang conflicts.

If an injured party does not sufficiently contribute to the investigation of the case, the right to compensation may lapse. This applies, for example, if the injured party refuses to give an explanation to the police or to the court.

The compensation can also be reduced or cancelled if the applicant fails to meet his/her standard loss limitation obligations. This means that the person who has suffered injury as a result of someone else's wrongful conduct has an obligation, as far as possible, to limit his or her loss as a result of the injury.

No emphasis is ever placed on the applicant's criminal record when the application is processed. The Danish Criminal Injuries Compensation Board is not in the habit of obtaining criminal records.

If an applicant does not respond to the Danish Criminal Injuries Compensation Board's request for submission of documentation for the requested claim, this may affect the compensation awarded. It is the applicant's duty to document his or her claims satisfactorily.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

An application can be given priority if you have, for example, been summoned to appear before the bailiff’s court, if there is information available regarding a foreclosure, or if you have received letters from the bank about non-payment of regular expenses.

For applications for lost earnings, the Danish Criminal Injuries Compensation Board is aware that the applicant's source of income has decreased, so there is a focus on these cases.

Other than the above, priority is not given to a case solely on the basis of the applicant's financial situation.

The applicant's financial situation does not otherwise have any bearing on the possibility of obtaining compensation or the amount of compensation.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

Compensation or damages are not granted if the applicant's damages are paid by the perpetrator or are covered by insurance benefits or other benefits that are in the nature of actual compensation.

The applicant must have contributed, as best as he or she could and to the extent necessary, to the police's investigation of the case. Deliberate concealment of information or a similar reluctance to assist in the investigation of the case usually results in no compensation being awarded.

It is also a condition for obtaining compensation from the State that the applicant, during a possible criminal case against the offender, have applied for compensation or has taken a position on it in court.

In accordance with the general regulations of tort law, there must be a causal connection between the criminal offence committed and the harm.

How will the compensation be calculated?

Compensation is calculated in accordance with the individual claim and on the basis of the amount applied for. If you, as the applicant, have documented your claim sufficiently, the damages will be calculated in accordance with the loss suffered. The Danish Criminal Injuries Compensation Board calculates the loss for each compensation claim based on applicable rules (for example, lost earnings are calculated as the difference between the expected income and the actual income during the period applied for). If you have only provided documentation for parts of your claim, compensation will only be paid for the documented amount. In some cases, the Danish Criminal Injuries Compensation Board’s calculation of the claim will be an estimated amount. This can happen in cases where you have not been able to calculate your claim yourself.

Compensation is calculated on a tariff basis. Several of these rates are adjusted once a year on 1 January. Amongst other things, compensation for pain and suffering is paid at a rate of DKK 200 (2018) per sick day. Permanent injury is calculated in degrees of injury, and compensation is paid per degree of injury, which is DKK 8,790 (2018) per degree. Compensation for tort and gross violation is calculated on the basis of the gravity and the nature of the assault that the victim has been exposed to, including which criminal offence is involved.

Is there a minimum/maximum amount that can be awarded?

There is no overall limit on how much can be paid in compensation and damages. At present, Denmark does not have a minimum limit for amounts that can be awarded in compensation and damages. However, there is a maximum amount for some items for which compensation can be paid. See the list below in this respect:

  • Pain and suffering DKK 76 500 (2018)
  • Permanent injury DKK 879 000 (2018)
  • Loss of earning capacity DKK 9 227 500 (2018)
  • Transitional amount DKK 165 500 (2018)
  • Damage to property DKK 132 000 (2018)

Damages for permanent injury can, in exceptional cases, be assessed at 120 per cent, in accordance with which the maximum amount is DKK 1 054 000 (2018).

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

It is not expected that a total amount should be calculated for all the claims applied for. It is expected that, besides the individual items for which compensation can be paid, you will enter the amount for which you are seeking compensation. However, it is not a condition for receiving compensation that all claims are calculated.

See the front page of the application form for how lost earnings are calculated. As an applicant or potential applicant, you are always welcome to contact the Board for information on how to calculate and document your claims for damages. You can also obtain guidance regarding which factors are emphasised in relation to the individual items for which compensation can be paid.

There is no expectation that compensation for psychological harm will be calculated, as the damages will be calculated on a tariff basis in relation to the extent of the harm.

Will any compensation I receive for my loss from other sources (such as my employer's or a private insurance scheme) be deducted from compensation paid by the authority/body?

The Danish Criminal Injuries Compensation Board does not pay compensation if the applicant's damages are reimbursed by the perpetrator or are covered by an insurance policy or other benefits that are in the nature of actual damages. As a matter of principle therefore, it is not a question of whether, for example, the insurance payment is deducted when the Danish Criminal Injuries Compensation Board processes the claim, but more a question of who should pay the compensation. If it is found that the insurance company has refused to pay compensation, the case can be taken into consideration by the Danish Criminal Injuries Compensation Board.

If the applicant has taken out a private accident insurance policy and has received invalidity compensation or compensation for permanent injury, this will not result in a reduction or cancellation of compensation for permanent injury or compensation for loss of earning capacity. Nor, if the claimant has received social benefits from the public on account of the harm (such as a pension, wage subsidy or the like), will the compensation will be reduced.

If the claimant has taken out insurance with a health insurance company, the treatment expenses will not be reimbursed to the extent that the expenses are reimbursed by the insurance policy. Furthermore, no compensation is granted to the extent that the treatment can be performed free of charge via public health insurance or via other public services.

In connection with work injuries, the Danish Criminal Injuries Compensation Board can only pay compensation for pain and suffering, compensation for lost earnings and differential claims, as well as compensation for tort and gross violation, since all other items, including compensation for recuperation expenses, etc., are covered through the employer's statutory work injury insurance.

Can I get an advance on the compensation? If so, under what conditions?

The fundamental position is that compensation and damages are not paid in advance, but only upon final processing of the claim.

The Danish Criminal Injuries Compensation Board has a policy in some cases of paying out compensation on account for permanent injury. The fundamental position is that the Danish Criminal Injuries Compensation Board will wait for Labour Market Insurance (Erhvervssikring) to make a pronouncement on the degree of compensation, but if it is considered probable that the applicant has incurred a substantial permanent injury solely as a result of the injury, the Danish Criminal Injuries Compensation Board may award damages on account.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health, etc.) after the main decision?

Yes. If it is found, following a decision by the Danish Criminal Injuries Compensation Board, that the injury becomes worse and this results in further losses, these losses can be processed by the Danish Criminal Injuries Compensation Board. It should be mentioned in this respect that there is a deadline of 2 years for submitting the claim to the Danish Criminal Injuries Compensation Board. The 2-year deadline is calculated from the time when the claimant knew or should have known that the harm had caused further losses.

Compensation for future recuperation costs and other future losses as a result of harm is set at a capital amount. If the applicant has therefore already received compensation for future recuperation expenses, etc., the applicant cannot at a later date be allowed to have the case taken up again solely for the purpose of receiving additional compensation for recuperation expenses and other losses.

What supporting documents do I need to include with my claim?

There are no requirements for the applicant to submit supporting documents together with the application. The application is submitted to the Danish Criminal Injuries Compensation Board via the police, which sends the documents from the criminal case files.

If the Danish Criminal Injuries Compensation Board finds that the application is covered by the Victim Compensation Act, the Board will continue to consider the claims submitted. When processing these, the Board often needs different documentation depending on the claims for which the applicant has applied for compensation. It can expedite case processing if the applicant submits, together with the application form, documentation for the claims submitted. It would also be beneficial for the applicant to submit, along with the application, any refusal from his/her insurance company to pay compensation for the damages.

For example, documentation can consist of receipts for expenses incurred in connection with breach of the Danish Penal Code. In addition, medical records and medical certificates are often used in relation to determining the extent of the injury. Regarding lost earnings and loss of earning capacity, the applicant should submit documentation in relation to his/her earnings both before and after the injury in the form of payslips, annual statements and, if applicable, a salary declaration from his/her employer. In some cases, the municipal files are also used.

In cases where the Danish Criminal Injuries Compensation Board considers that additional documentation is necessary for processing the case, the Board will draw the applicant's attention to this and request submission of such documentation.

Are there administrative or other charges to be paid when the claim is received and processed?

No. The Danish Criminal Injuries Compensation Board’s handling of the case is free for the applicant.

Which authority decides on compensation claims (in national cases)?

In Denmark, a decision is made on compensation and damages for victims of crime by a board set up by the Minister of Justice. This authority is called the Danish Criminal Injuries Compensation Board.

Decisions can also be made by the Danish courts either during a criminal case or in a later civil case, for example if the Danish Criminal Injuries Compensation Board's decision is brought before the courts.

Where do I send the claim (in national cases)?

The application must be sent to the police responsible for where the criminal offence was reported. The police then send the case to the Danish Criminal Injuries Compensation Board together with the criminal case files.

If you already have a case being considered by the Board, you must submit a hard copy of the application to the Danish Criminal Injuries Compensation Board at the following address: Toldboden 2, 2. sal, DK-8800 Viborg, or digitally to Link opens in new windowerstatningsnaevnet@erstatningsnaevnet.dk.

Do I need to be present during the procedure and/or when my claim is being decided?

Administrative processing

The Danish Criminal Injuries Compensation Board deals with the applications on a written basis. The decision is made in writing and either a hard copy is sent to the applicant or a copy is sent digitally. The applicant need not therefore be present during the proceedings.

Court proceedings

If the claim is dealt with by the courts during the criminal proceedings or later by an action against the Danish Criminal Injuries Compensation Board, the applicant has the opportunity to be present during the main hearing. Here, it is not a requirement that the applicant be present if the applicant is represented by a lawyer and is not summoned to testify in court.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The case processing time for the Danish Criminal Injuries Compensation Board can vary considerably from case to case. This is due amongst other things - depending on the specific circumstances of the case - to the possible need to obtain additional information from agencies such as the police, doctors or other authorities; likewise, in cases involving permanent injury or loss of earning capacity, there may be a need to submit the case to Labour Market Insurance, a step that may extend the processing time.

More than 50% of the new cases received by the Danish Criminal Injuries Compensation Board are processed within 50 days in accordance with a particularly rapid procedure used in uncomplicated cases. These include cases where a final judgement has been made regarding both the question of guilt and the amount of compensation.

If the case cannot be settled in accordance with this especially rapid procedure, the ordinary case processing time for the Danish Criminal Injuries Compensation Board is currently up to 18 months from when the Board receives a new application for compensation.

You can expedite the handling of your case by submitting evidence of your claims to the Board. The documentation may consist of, for example, receipts for the purchase of medication, a medical certificate for the period of illness or a declaration from your employer regarding lost income as a result of the injury.

If I'm not satisfied with the authority's decision, how can I challenge it?

The Danish Criminal Injuries Compensation Board’s decision cannot be appealed to other administrative authorities. If you want to change the decision, you must first contact the Danish Criminal Injuries Compensation Board and explain why you disagree with the decision. The Board will then assess whether there is a basis for reopening the examination of the case. The criterion is usually that the applicant has presented new and relevant information that is important for the outcome of the case.

If the Danish Criminal Injuries Compensation Board upholds its decision, you can have the Danish Criminal Injuries Compensation Board’s decision reviewed by the courts.

There is also the option of appealing to the Parliamentary Ombudsman.

Where can I get the necessary forms and other information on how to claim?

Forms and information on how to apply for compensation and damages can be found on the Link opens in new windowDanish Criminal Injuries Compensation Board's website.

Is there a special helpline or website I can use?

Claimants who have questions regarding compensation for victims of crime can contact the Danish Criminal Injuries Compensation Board on telephone number: + 45 33 92 33 34 during the hours of 10.00 am – 03.00 pm Monday to Thursday, and 10.00 am – 02.00 pm on Fridays.

Can I get legal aid (help from a lawyer) when preparing the claim?

Yes. As the wronged party during a criminal case, you may under certain conditions have the right to have a lawyer ad litem appointed. It is the lawyer ad litem’s task to assist with making claims for damages in both criminal proceedings and to the Danish Criminal Injuries Compensation Board.

The Danish Criminal Injuries Compensation Board cannot appoint a lawyer for the applicant. The appointment is made by the court in the court district where the criminal offence has been committed.

In addition, various legal aid organisations exist in Denmark.

Are there any victim support organisations that can help me claim compensation?

Last update: 01/10/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

The language version you are now viewing is currently being prepared by our translators.
Please note that the following languages have already been translated.

If my claim is to be considered in this country - Germany

Which type of crime can I get compensation for?

In accordance with the Victim Compensation Act (Opferentschädigungsgesetz – OEG), compensation is paid to victims of intentional unlawful attacks and their surviving relatives.

Which type of injury can I get compensation for?

In accordance with the OEG, the amount of compensation granted depends on the extent of the damage caused to health and the economic and health-related consequences thereof. However, the damage to health must be long-term in nature (i.e. must last for longer than six months). Compensation is generally paid on a monthly basis as long as all conditions are met.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Compensation is also paid to the surviving relatives of a victim. Surviving relatives are the victim’s spouse and children and, in exceptional cases, his/her parents.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

The relatives of a victim who has survived may, under certain circumstances, obtain medical treatment and maintenance payments.

Can I get compensation if I’m not a national of an EU country?

Under the OEG, the amount of compensation that foreign citizens may receive depends on their residency status. Citizens of EU Member States and foreign citizens who have been legally resident in Germany for at least three years will receive the same benefits as German citizens. The amount of compensation available to other foreign citizens is lower.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

According to Section 3a of the OEG, victims of a violent crime committed abroad may also be granted compensation. However, this is in the form of a one-off payment, and not a regular benefit. Furthermore, this payment is subsidiary to payments from other bodies.

Do I have to have reported the crime to the police first to be able to claim compensation?

According to the OEG, applicants have a duty to cooperate, as do applicants for social benefits. First and foremost, this means providing an account of all the circumstances which could help clarify the facts of the case. This generally means that the offender must be reported to the police.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, the competent authorities generally decide independently on claims made under the OEG. However, in some cases it may be necessary to await the outcome of police investigations or criminal proceedings.

Do I have to first seek compensation from the offender – if they have been identified?

No, compensation is paid under the OEG regardless of whether the offender has been identified.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes, compensation is available regardless of whether the offender has been identified or convicted. To support your claim, you should present all documents that could help clarify the facts of the case and determine the extent of damage caused.

Is there a time limit within which I have to claim compensation?

No, the is no time limit according to the OEG. However, compensation payments can only be made retroactively for a period of one year prior to the claim being made.

Which losses and expenses are covered by the compensation?

The compensation covers, for example:

a) for the victim of an offence:

- material (non-psychological) damage:

  • medical costs of injury (ambulant and hospital treatment, rehabilitation)
  • additional needs or costs arising from injury (e.g. care and assistance, temporary and permanent treatment, prolonged physiotherapy, adaptation of housing, special aids, etc.)
  • permanent injury (e.g. invalidity or other permanent handicaps)
    • loss of earnings during medical treatment (including lost earnings and loss of ability to earn or diminished maintenance, etc.)
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident causing the damage, e.g. legal fees and court costs)
    • compensation for stolen or damaged personal property
    • other

- psychological (moral) damage:

  • pain and suffering of the victim

b) for entitled people or relatives of a victim:

- material (non-psychological) damage:

  • funeral costs
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
  • loss of maintenance or of opportunity

- psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

Victim compensation includes monthly pensions to compensate for the economic and health-related consequences of the damage to the victim’s health, medical treatment and care benefits. Compensation for pain and suffering (Schmerzensgeld) is not paid.

Compensation for survivors includes monthly pensions for widows/widowers, orphans and, where applicable, parents, medical treatment and care benefits.

Is the compensation paid out in a single payment or monthly instalments?

Pension payments to victims and surviving relatives to compensate for the economic and health-related consequences of damage to health are paid on a monthly basis as long as all the requisite conditions are met. Other benefits are paid if and when there is a need for them.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

If the injured party caused the injury himself/herself or if it would be unfair to pay compensation for other reasons, particularly because of the victim’s own behaviour, then compensation will be denied. However, the mere existence of a criminal record is not enough to warrant such a decision. Claimants have an obligation to help as much as possible to clarify the facts of the case. If they do not fulfil this obligation, compensation may be denied, either in full or partially.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

According to the OEG, compensation is paid regardless of the injured party’s income or wealth. The financial situation of the injured party may only have an impact on the amount of compensation granted in order to compensate for economic damage, or in the case of care benefits.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

No, under the OEG, only the outlined criteria can affect the likelihood of receiving compensation and/or the amount.

How will the compensation be calculated?

Pension payments to compensate for the consequences of health-related damage are calculated according to the extent of these consequences. Pension payments to compensate for the consequences of economic damage are based on the economic disadvantages incurred.

Is there a minimum/maximum amount that can be awarded?

No.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No (see response to previous question).

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Pension payments to compensate for the consequences of health-related damage are made regardless of whether you receive payments from other private or public bodies. However, these payments may be taken into account when calculating payments to compensate for the consequences of economic damage.

Can I get an advance on the compensation? If so under what conditions?

Advance payments are not possible under the OEG. Payments to cover medical treatment may, however, be made before a decision has been taken on the compensation claim.

Can I get complementary or additional compensation (following a change in circumstances or worsening health, etc.) after the main decision?

In the case of worsening health, an ‘aggravation claim’ (Verschlimmerungsantrag) can always be made in order to request the recalculation of the compensation amount. Changes in income can always be taken into account in the calculation of compensation for the consequences of economic damage.

What supporting documents do I need to include with my claim?

You should include all documents which will help to clarify the facts of the case and determine the damage caused.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The authorities that are competent according to the law of each Land.

Where do I send the claim (in national cases)?

The claim can be sent to all social security offices. It will then be forwarded to the competent authority.

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

There is no definitive answer to this question. The duration of the procedure depends, in particular, on how easy or difficult it is to clarify the facts of the case and whether it is necessary to obtain medical reports.

If I’m not satisfied with the authority’s decision, how can I challenge it?

An appeal may be lodged against the decision. If the competent authority does not come to another decision as a result of the appeal procedure, a complaint may be filed with the Social Court (Sozialgericht).

Where can I get the necessary forms and other information on how to claim?

This information can be found in various places, as both the Federal Government and the Länder provide it in the relevant places. See, for example, the website of the Federal Ministry of Labour and Social Affairs: Link opens in new windowhttp://www.bmas.de/DE/Themen/Soziale-Sicherung/Soziale-Entschaedigung/Opferentschaedigungsrecht/oeg.html or the online database for victims of crime: Link opens in new windowhttps://www.odabs.org/

Is there a special helpline or website I can use?

There are a number of Federal Government and Länder websites where information on victim compensation can be found, e.g. on the website of the Federal Ministry of Labour and Social Affairs: Link opens in new windowhttp://www.bmas.de/DE/Themen/Soziale-Sicherung/Soziale-Entschaedigung/Opferentschaedigungsrecht/oeg.html or Link opens in new windowhttps://www.odabs.org/ .

Can I get legal aid (help from a lawyer) when preparing the claim?

Legal expenses are not regarded as compensation and therefore cannot be refunded under the OEG.

Are there any victim support organisations that can help me claim compensation?

Yes, there are a number of regional and national victim support organisations. The biggest nationwide organisation is ‘der Weisse Ring’.

Last update: 11/12/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Estonia

Which type of crime can I get compensation for?

Compensation may be paid to victims of violent crimes and to dependants of such victims. A violent crime is an act punishable under criminal procedure which is committed directly against the life or health of a person and as a result of which the injured person dies or sustains serious damage to his or her health or a health disorder that lasts for at least four months.

Which type of injury can I get compensation for?

You are entitled to compensation if a violent crime has resulted in serious damage to your health or a health disorder that lasts for at least four months.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Compensation of 448 euros is paid to the person bearing the expenses of the funeral of a victim of a violent crime. Note that the person who bears the funeral expenses need not be a relative or dependant of the victim.

The dependants of a victim who has died as a result of a violent crime are entitled to State compensation payable to victims of crimes.

Dependants include the following persons:

  • the victim’s children under the age of 18;
  • the victim’s children aged 18-24 children enrolled in full-time studies;
  • the victim’s widow or widower whose work ability has diminished;
  • the victim’s widow or widower of pensionable age;
  • the victim’s parent of pensionable age;
  • the victim’s parent whose work ability has diminished;
  • the victim’s widow who is pregnant and not employed;
  • a parent or guardian of the victim’s child under three years of age who is not employed.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

You are entitled to compensation if, as a result of a violent crime, the victim has sustained serious damage to his or her health or a health disorder that lasts for at least four months.

The following persons are entitled to compensation:

  • the victim’s children under the age of 18;
  • the victim’s children aged 18-24 enrolled in full-time studies;
  • the victim’s widow or widower whose work ability has diminished;
  • the victim’s widow or widower of pensionable age;
  • the victim’s parent of pensionable age;
  • the victim’s parent whose work ability has diminished;
  • the victim’s widow who is pregnant and not employed;
  • a parent or guardian of the victim’s child under three years of age who is not employed.

Can I get compensation if I'm not a national of an EU country?

In Estonia, the right to compensation is not linked to nationality.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

Compensation is paid by the competent authority of the country in which the crime took place. Compensation is paid in accordance with the laws of the country concerned.

In order to claim compensation, you can turn to:

  • the competent authority of the country concerned or the competent authority of your country of residence;
  • in Estonia, the competent authority is the Social Insurance Board, which will forward your application, along with supporting documents, to the competent authority of the other country.

Do I have to have reported the crime to the police first, to be able to claim compensation?

A violent crime must be reported to the police within 15 calendar days of the day on which the crime was committed.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

It is not necessary to wait for the outcome of the proceedings to claim compensation; it is sufficient to have reported the crime to the police and for criminal proceedings to have commenced. Compensation can be claimed within three years of the crime being committed.

Do I have to first seek compensation from the offender – if they have been identified)?

There is no requirement to first seek compensation from the offender. When compensation is granted, the right to claim is transferred to the Social Insurance Board and we raise the claim against the person who caused the damage (the perpetrator of the crime) by recourse action.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You are entitled to compensation even if the person who caused the damage has not been identified or judicial proceedings have not yet been concluded.

To obtain State compensation payable to victims of crimes, certification of the launching of criminal proceedings issued by an investigative body is required.

Expense receipts need to be submitted if you are applying for the reimbursement of medical treatment expenses or for a death grant.

Is there a time limit within which I must claim compensation?

Applications for compensation can be submitted within three years of the date of a crime or of becoming aware of the crime being committed.

Which losses and expenses are covered by the compensation?

The compensation covers:

– material (non-psychological) damage:

  • medical costs of injury (medical treatment – out-patient and hospital treatment, recovery)
  • additional needs or costs arising from injury (e.g. care and assistance, temporary and permanent treatment, prolonged physiotherapy, adaptation of housing, special aids)
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during and after medical treatment (e.g. lost earnings and loss of ability to earn or diminished maintenance)
    • compensation for damaged clothes and aids (e.g. compensation for glasses, reimbursement of the costs of new clothes)

– material (non-psychological) damage:

  1. funeral costs
  2. loss of maintenance or of opportunity

– psychological damage:

  • pain and suffering of relatives or persons entitled to compensation/compensation to survivors if the victim died

The family members of a victim can obtain psychological counselling. To obtain compensation for psychological help, it is necessary to contact a victim support service provider, who will then prepare the application to be signed. A police certificate is also required, confirming that proceedings have been opened and that you are a victim or the legal representative of a victim. The victim support service provider will help you in obtaining a police certificate.

You will be informed of the granting of compensation for psychological help within 10 working days. Thereafter it is possible to turn to a psychologist. The amount of compensation per person is the minimum monthly wage (470 euros in 2017).

Is the compensation paid out in a single payment or monthly instalments?

Dependants are paid compensation in monthly instalments. Medical expenses are reimbursed as a lump sum on the basis of expense receipts.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Compensation is not paid if:

  1. the victim caused or facilitated the committing of the crime or the occurrence of the damage through his or her intentional or reckless behaviour;
  2. the victim fails to give notice of the crime within 15 days despite being capable of doing so, and the police have not become aware of the crime in any other way;
  3. the victim has been convicted of committing a violent crime of violence or on the basis of Section 255(1) or 256(1) of the Penal Code and their criminal record has not been deleted from the criminal records database pursuant to the Criminal Records Database Act;
  4. payment of compensation would be unfair or unjustified for other reasons.

In addition, compensation may be refused if the applicant has refused to cooperate with law enforcement authorities in ascertaining the facts relating to the criminal offence, identifying or apprehending the offender or proving the damage.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation does not affect the granting or payment of compensation.

Are there any other criteria which could affect my chance of receiving compensation and/or the amount?

Any amounts which an injured person receives or is entitled to receive as on the basis of damage resulting from a violent crime from a source other than the person liable for the damage caused by the crime are deducted from the damage serving as the basis for determining the amount of compensation, including the work ability allowance paid to the victim. In determining the amount of the compensation, any amounts paid to the applicant by the person liable for the damage caused by the crime before the granting of the compensation are taken into account.

How will the compensation be calculated?

Calculation of compensation for partial or no work ability

The amount of the compensation is calculated on the basis of the average income per calendar day. Income, taxed with social tax, earned during the six months prior to the crime is taken into account.

Calculation of damage resulting from partial or no work ability

The average income per calendar day is multiplied by thirty, and the pension for incapacity for work or work ability allowance granted to the person is deducted from the result of the multiplication. The compensation covers 80 % of the lost income. Data on average income is obtained from the Tax and Customs Board.

Calculation of compensation for provider’s death

1. The victim’s average income per calendar day is multiplied by thirty, and the survivor's pension granted to the person is deducted from the result of the multiplication.

2. A percentage of the amount arrived at is calculated in accordance with the number of dependants:

  • 75 % in the case of one dependant
  • 85 % in the case of two dependants
  • 100 % in the case of three or more dependants

80 % of the calculated amount is compensated.

Is there a minimum/maximum amount that can be awarded?

There is no minimum amount; compensation is paid as long as the entitled person qualifies for compensation or up to the limit of 9590 euros.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No amount needs to be indicated on the claim form.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes.

Can I get an advance on the compensation? If so, under what conditions?

Advance compensation can be claimed by persons in a difficult economic situation, if they are entitled to compensation but the granting thereof is postponed.

Advance payment of up to 640 euros is made on the basis of the relevant application.

If the advance payment exceeds the amount of compensation subsequently granted, the overpaid amount will be recovered.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health) after the main decision?

You have the right to submit additional invoices for medical treatment expenses.

What supporting documents do I need to include with my claim?

Certificate from an investigative body

Invoices for funeral expenses

Invoices for medical treatment expenses, receipts for medicinal products, etc.

Victim’s death certificate

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Social Insurance Board.

Where do I send the claim (in national cases)?

Options for submitting applications:

  • Applications can also be sent by post to Põllu 1A, 50303, Tartu.
  • Applications can also be submitted at a customer service office of the Social Insurance Board.

Do I need to be present during the procedure and/or when my claim is being decided?

You do not need to be present.

How long does it take (approximately) to obtain a decision on a claim for compensation from the authority?

A decision will be made within 30 days of the receipt of the last document.

If I am not satisfied with the authority’s decision, how can I challenge it?

A challenge can be filed against the decision within 30 days of receipt thereof. Alternatively, a complaint can be lodged with an administrative court under the procedure provided for in the Code of Administrative Court Procedure.

Where can I get the necessary forms and other information on how to claim?

Application forms and information on applying for compensation can be found on the Link opens in new windowwebsite of the Social Insurance Board.

Is there a special helpline or website I can use?

Victim support providers can also be contacted by telephone. Their contact details can be found on the Link opens in new windowwebsite of the Social Insurance Board.

Can I get legal aid (help from a lawyer) when preparing the claim?

Yes.

Are there any victim support organisations that can help me claim compensation?

Victim support providers also assist in claiming compensation.

Last update: 04/01/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Greece

Which type of crime can I get compensation for?

Greek legislation on the compensation of victims of violent crime includes the following crimes committed in Greece:

Crimes of intentional violence, and the crimes referred to in the following Articles of the Criminal Code: Articles 323 (trafficking in slaves), 323A (human trafficking), 323B (arranging travel for the purpose of participating in acts of sexual intercourse or other indecent acts involving a minor (sex tourism)), 336 (rape of a minor), 339(1) and (4) (corruption of a minor), 342(1) and (2) (sexual abuse of children), 348A (child pornography), 348Β (soliciting children for sexual purposes), 348C (pornographic representations of minors), 349 (procuring prostitution), 351 (trafficking for sexual exploitation) and 351A (indecent acts involving a minor for payment).

Which type of injury can I get compensation for?

For any offence committed intentionally, using physical violence or the threat of physical violence, and resulting in the death or a severe physical or mental condition of the victim; and for any offence committed intentionally, using physical violence or the threat of physical violence, and punishable by a longer term of imprisonment (kátheirxi).

Since 1 January 2010 employees of detention facilities who are victims of intentional violence which has caused them disability or serious deformity, and which was committed in Greece, are granted uninterrupted paid sick leave until the relevant medical committee advises that they are fit for work.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Compensation is available for members of the victim’s family, that is, a spouse, a person living with the victim in a steady and continuous relationship of heterosexual or homosexual commitment, a fiancé, relatives by blood or by marriage in the direct line, adoptive parents and adopted children, siblings, spouses or fiancés of siblings, and dependants of the victim in addition to his or her dependent children and parents.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

In this case, only the person directly injured, i.e. the victim himself or herself, is entitled to compensation.

Can I get compensation if I’m not a national of an EU country?

The Greek Compensation Authority (Archí Apozimíosis) compensates victims of crimes of intentional violence if the act is committed in Greece and the victim’s place of residence (katoikía) or habitual residence (siníthi diamoní) is in Greece or in the territory of another EU Member State. No distinction is made between EU and non-EU nationals.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

If the crime was committed in another EU country, victims whose place of residence or habitual residence is in Greece are entitled only to submit an application to the Greek Assisting Authority (Archí Syndromís) for reasonable and appropriate compensation to be provided by the compensation authority of the EU Member State concerned, in accordance with the specific conditions laid down by the law of that State.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, to the public prosecutor or the police within five days, because otherwise it may not be possible to locate the offender. If reasons of force majeure have prevented you from reporting the criminal offence committed against you, the five-day time-limit starts to run once those reasons cease to apply.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

Yes, because your entitlement to compensation begins (a) in the event that the offender has not got the resources necessary to compensate you, when a final sentence is imposed; (b) in the event that the identity of the offender cannot be ascertained, when the case file is archived in the record of unknown offenders; or (c) in the event that the offender cannot be prosecuted or sentenced, when the case file is archived by an act of the competent public prosecutor, or by a final decision not to proceed to trial, or by a final acquittal, or by the final closure of the case in any other way.

Do I have to first seek compensation from the offender – if they have been identified?

Yes, because in the cases referred to in points (a) and (c) above (i.e. where the offender has not got the resources necessary to compensate you, or the offender cannot be prosecuted or sentenced) the victim can submit an application for compensation of this kind only if he or she is unable in any way to satisfy his or her claim for compensation against the offender as determined by a final judgment.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes, you can claim compensation from the Compensation Authority if the identity of the offender cannot be ascertained, once the case file has been archived in the record of unknown offenders.

Is there a time limit within which I have to claim compensation?

A claim for compensation has to be filed with the Compensation Authority by the entitled person or by his or her representative within a limited period of one year from the date on which the claim arose.

Which losses and expenses are covered by the compensation?

(a) For the victim of the offence:

Material (non-psychological) damage:

  • medical costs of injury (medical treatment — out-patient and hospital treatment, rehabilitation)
  • loss of earnings during medical treatment and thereafter (including lost earnings, loss or diminution of capacity to earn a livelihood, etc.)

Psychological (moral) damage

  • mental and psychological support
  • change of environment and address (removal and purchase of essential consumer items)

(b) For relatives of the victim or other persons entitled by reason of their relationship to the victim:

Material (non-psychological) damage:

  • funeral costs
  • medical costs (e.g. therapy for a family member, out-patient and hospital treatment, rehabilitation)
  • loss of support or prospects.

Is the compensation paid out in a single payment or monthly instalments?

In a single payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

In determining the amount of compensation account will be taken of any wrongful act on your part.

In addition, if during the criminal proceedings you have failed to cooperate with the authorities by unjustifiably failing to assist them, especially if you have refused to testify or have concealed or failed to produce material evidence, thus making it more difficult to identify the offender, you are not entitled to compensation.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your entitlement to compensation or the amount you may receive are not affected by your financial situation.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

You are not entitled to compensation in the following cases: if the act took place between members of a criminal organisation, a gang or a terrorist group; (b) if you intentionally failed to report within five days the offence committed against you, making it more difficult to identify the offender (but if reasons of force majeure prevented you from reporting the offence committed against you, the five-day time-limit starts to run once those reasons cease to apply); (c) if, during the criminal proceedings, you have unjustifiably refused to assist the authorities, especially if you have refused to testify or have concealed or failed to produce material evidence, thus making it more difficult to identify the offender; and (d) in any other case where in view of the particular circumstances your claim for compensation constitutes an abuse of rights.

In determining the amount of compensation account will be taken of any wrongful act on your part, any costs incurred by the Greek State for your hospitalisation, and any other sums you have received from the offender, from social security services or from any another source.

How will the compensation be calculated?

The amount of compensation will be determined in accordance with Greek law, subject to any more specific provisions.

Is there a minimum/maximum amount that can be awarded?

No.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes, the application form contains a specific field to be completed.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes, in your application form you must indicate the amount of compensation you are claiming and any other compensation you have received so that account can be taken of any costs incurred by the Greek State for your hospitalisation and any other sums you have received from the offender, from social security services or from any another source.

You will also be asked to provide details of the situation resulting from the damage. This means that you will be asked to declare and produce all evidence of medical expenses, hospital fees or funeral expenses and of any loss or reduction of your income, any increase in your expenses or any incapacity to carry on an occupation as a result of the damage caused by the alleged crime.

Can I get an advance on the compensation? If so, under what conditions?

No.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

The Compensation Authority has not made express provision for complementary or additional compensation. However, Greek law does provide for such a possibility in the event of a change in circumstances or deterioration of the victim’s health.

What supporting documents do I need to include with my claim?

The following supporting documents are required, depending on the case:

  • Identity card or passport or certificate of marital status
  • Residence permit or acknowledgment of receipt of an application for renewal of residence permit
  • Proper proof of payment of funeral expenses and medical expenses
  • Death certificate of the victim or medical certificates showing the type of damage, the duration of disability, the nature of any health consequences and any permanent disability and the degree of any such disability
  • Income in the year before the application was submitted and in the year before the incident (tax assessment from the competent tax authority or declaration of income submitted by you or your life partner, a partner in a civil partnership, or any other person permanently living with you)
  • Certificate of submission of a complaint/report of offence(s)
  • A copy of the relevant final court judgments or orders or a certificate that the case has been closed
  • Certificate of payment or non-payment of related sums from other sources (employer’s insurance fund, private insurance company)
  • Any other document that is relevant or constitutes proof of loss, reduction of your income, increase in your expenses, or incapacity to carry on an occupation.

Are there administrative or other charges to be paid when the claim is received and processed?

Yes, EUR 100 before the case is examined by the Compensation Authority, failing which the application will be rejected.

Which authority decides on compensation claims (in national cases)?

The Compensation Authority.

Where do I send the claim (in national cases)?

To the Assisting Authority or directly to the Secretary of the Compensation Authority.

Do I need to be present during the procedure and/or when my claim is being decided?

Not necessarily. If necessary, you will be requested to present yourself.

If your place of residence or your habitual residence is in the territory of another Member State, the Greek Compensation Authority will ask the relevant assisting authority to interview you in accordance with the law of that state and to send it a report. The Greek Compensation Authority may also conduct a hearing itself, by telephone or videoconference, in accordance with Greek law, in cooperation with the relevant assisting authority. In that case, the Greek Compensation Authority cannot oblige the applicant to be heard.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The Compensation Authority must examine the case within three months of the date on which the application is lodged, and must give its final decision within three months of the date of assessment of the application.

If I’m not satisfied with the authority’s decision, how can I challenge it?

Both the applicant and the Greek State are entitled to lodge an appeal against the decision of the Compensation Authority before the Administrative Court of First Instance (Dioikitikó Protodikeío). The deadline is four months.

Where can I get the necessary forms and other information on how to claim?

Link opens in new windowhttp://www.ministryofjustice.gr/site/LinkClick.aspx?fileticket=PqM22gvCCCg%3d&tabid=151

Is there a special helpline or website I can use?

There is no special helpline for claiming compensation. Link opens in new windowhttp://www.ministryofjustice.gr/site/en/HellenicCompensationAuthority.aspx

Can I get legal aid (help from a lawyer) when preparing the claim?

For cross-border disputes, legal aid is provided in civil (or commercial) cases if your residence or habitual residence is in another EU Member State. Legal aid may also take the form of the appointment of a lawyer to provide legal advice with a view to settling the dispute before it is brought to court. Persons who have their residence or habitual residence in Greece but seek legal aid for a trial or procedural step in another EU Member State are also eligible for the services of a lawyer pending receipt of an application for the provision of legal aid by the competent authority of the foreign Member State.

Are there any victim support organisations that can help me claim compensation?

Link opens in new windowResearch Centre for Gender Equality (KEThI)

Link opens in new windowNational Centre for Social Solidarity (ΕΚΚΑ)

Secretariat-General for Gender Equality (Genikí Grammateía Isótitas ton Fýlon):

Link opens in new windowGreek Council for Refugees (Ellinikó Symvoúlio gia tous Prósfyges)

Link opens in new windowAmnesty International – Greek Section

Link opens in new windowHellenic Police – Cyber-crime

Last update: 20/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Spain

Which type of crime can I get compensation for?

In Spanish law, the normal procedure for claiming compensation for damage and injury suffered is criminal proceedings, in which civil liabilities are analysed together with criminal ones. For that reason, the local criminal court (Juzgado de Instrucción) offers civil action to a person who has been harmed, so that they can state whether they wish to make a claim during the criminal proceedings or reserve the right to claim for the injury suffered through civil proceedings.

If they state that they wish to claim in the criminal proceedings, the injured party can either opt for civil action taken in their name by the public prosecutor (this will also happen if they do not state a preference) or, if they wish, attend in person (through a lawyer and the public prosecutor).

If they choose to claim for damages outside the criminal proceedings, the injured party needs to begin civil proceedings under the rules of these proceedings.

In cross-border situations, for example where the offence was committed in a different Member State from that where the victim lives, damages may be claimed under national law against the perpetrator of the crime before the criminal court judging the case.

Spanish law lays down specific compensation schemes for violent crimes, sexual offences and terrorism offences.

Which type of injury can I get compensation for?

For violent crimes and sexual offences committed in Spain and resulting in death, serious physical injuries or harm to physical or mental health, Spain has a system of aid for this kind of wilful (intentional) and violent crime. Aid is also awarded to victims of sexual offences even when these crimes are committed without violence.

In general, the financial aid provided for in law can be accessed if at the time of the crime:

  • the victim is Spanish or a national of another EU Member State;
  • although not Spanish or a national of another EU Member State, the victim is habitually resident in Spain.
  • the victim is a national of another State that grants similar aid to Spaniards within its own territory.

In the event of death, the abovementioned nationality or residence requirements apply to the beneficiaries, not to the deceased.

In the event of serious bodily injury or serious harm to physical or mental health, the direct victims, i.e. those who suffered the injuries or harm, will be the beneficiaries.

Injuries giving entitlement to financial aid are those which prejudice physical integrity or physical or mental health and which cause the victim temporary incapacity lasting more than six months, or at least 33 % permanent disability.

For terrorism offences, there are several kinds of State aid intended for victims of terrorism to compensate them for the harm caused by these kinds of crime. A direct connection between the terrorist act and the harm suffered is required.

The following damage and injuries are eligible for compensation:

  • Bodily injuries, both physical and mental, as well as expenses for medical treatment, prostheses and surgery.
  • These expenses will be paid to the person affected only if they are not totally or partially covered by the public or private welfare system that applies to them.
  • Material damage caused to the homes of natural persons or those occurring in commercial and industrial establishments, headquarters of political parties, trade unions and social organisations.
  • The costs of temporary accommodation while repair work is carried out on the habitual residences of natural persons.
  • Damage caused to private vehicles, as well as that suffered by vehicles used for the land transport of people or goods, except publicly-owned vehicles.

With the exception of bodily injury, compensation for the abovementioned harm will be secondary to that established for the same circumstances by any other public body, or to those arising from insurance contracts. In these cases, compensation will represent the difference between that paid by the abovementioned public administrations or insurance agencies and the officially conducted valuation.

The amount of compensation will be determined according to the harm that occurs (severity of the injuries and type of disability they cause, death, etc.).

Other aid:

  • for study: where a terrorist act results in personal injuries of particular significance to a student, their parents or guardians, or these injuries render them unfit for the exercise of their regular profession;
  • immediate psychological and psycho-pedagogical assistance, both for victims and their relatives;
  • extraordinary and exceptional aid to mitigate situations of personal or family need of victims who are either not covered at all or covered in a markedly insufficient way by ordinary aid.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

In the case of violent crimes and sexual offences that directly result in the death of the victim, indirect victims can be beneficiaries if, at the time the crime was committed, the victim was Spanish or a national of any other EU Member State or, if this is not the case, was ordinarily resident in Spain or a national of another State that awards similar aid to Spaniards in its territory.

Beneficiaries as indirect victims would be the following:

  • The spouse of the deceased, if they were not legally separated, or the person who lived with the deceased on a permanent basis in a relationship akin to marriage for at least two years before the death, unless they had children together, in which case mere cohabitation would suffice.
  • Anyone convicted of intentional homicide in any of its forms, where the deceased was their spouse or person with whom they were or had been connected in a similar stable relationship, is excluded from being a beneficiary.
  • The child of a deceased person, who was dependent on that person and lived with them, assuming that children who are minors or disabled adults are financially dependent.
  • The parent of a deceased person, who was financially dependent on that person, so long as there is nobody in the abovementioned situations.
  • The parents of minors who die as a direct consequence of a crime are also considered indirect victims for the purposes of the financial aid provided for by Spanish law.

In the event of the death of a minor or disabled person as a direct consequence of a crime, the parents or guardians of the minor or disabled person will only be entitled to aid consisting of compensation for the funeral expenses they have actually paid, up to the legally established limit.

In cases of sexual offences that cause harm to the victim’s mental health, the amount of aid will cover the costs of the therapeutic treatment freely chosen by the victim, with a maximum established by law.

In the case of terrorism offences, if these have led to the death of the direct victim, the following can be beneficiaries of the aid:

  • the spouse of the deceased;
  • an unmarried partner with whom the deceased had lived for at least two years;
  • an unmarried partner with whom the deceased had children;
  • the parents of the deceased person if they depended financially on that person; in the absence of parents and in this order, the grandchildren, siblings and grandparents of the deceased, who were financially dependent on that person;
  • if there are none of the above persons, children and, if there are none, parents who were not financially dependent on the deceased.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

In the case of violent or sexual offences that have caused the victim serious physical injuries or serious harm to their physical or mental health, only direct victims have the right to compensation, i.e. those who have suffered the injuries or harm. Indirect victims can be beneficiaries of aid only in the case of the death of a direct victim, in the cases laid down by law and provided the requirements laid down by law are met.

In the case of terrorism offences, the following are considered entitled to the legally regulated rights and benefits:

  • the deceased, or those who have suffered physical and/or mental harm as a result of the terrorist act;
  • persons who suffer material damage, if they are not considered to be victims of acts of terrorism or entitled to aid, benefits or compensation for another reason;
  • persons who, in the case of the death of the victim and under the terms and in the order of preference laid down by the law, may be entitled to the aid or rights because of kinship (family members), cohabitation or a dependent relationship with the deceased;
  • persons who show evidence of having suffered direct and repeated threats or coercion from a terrorist organisation;
  • wounded persons who have suffered different degrees of disabling injuries, to the second degree of consanguinity;
  • persons who have been the object of terrorist attacks but have been unharmed are entitled to medals and honours, but not to any financial compensation.

Can I get compensation if I’m not a national of an EU country?

In the case of violent crimes or sexual offences:

Yes, if the State of which the victim is a national grants similar aid to Spaniards in its territory. This practice of recognition, in which the applicable legislation in the State of which the victim is a national is invoked, must be evidenced and constitutes one of the documents that must accompany the application for definitive aid for temporary incapacity or disabling injuries, for example. The Spanish administration will verify the content and validity of the foreign law invoked and determine if it can be applied to each specific case.

In the case of terrorism offences, in order for the aid scheme, benefits and compensation provided for by Spanish legislation to apply, the terrorist acts must have been committed in Spanish territory or under Spanish jurisdiction and occurred after 1 January 1960.

If a victim suffers the consequences of a terrorist act committed in Spanish territory or under Spanish jurisdiction after 1 January 1960, they have the right to access the aid provided for by law, regardless of their nationality.

The aid scheme provided for by Spanish legislation also applies to the following cases:

Spanish nationals who are victims abroad of groups that habitually operate in Spain, or of terrorist acts against the Spanish State or Spanish interests;

Spanish victims of terrorist acts committed outside national territory that are not included in the paragraph above;

Participants in peace and security operations forming part of Spanish contingents abroad that are the object of a terrorist attack.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

In the case of violent crimes and sexual offences, the provisions of Spanish legislation apply to the provisional and final procedures for processing and providing the aid to direct and indirect victims of crimes provided for by law, if the crime is committed in Spain and the applicant for aid is habitually resident in another EU Member State.

In such cases, if the application for public aid provided for in Spanish legislation is made via the assisting authorities of the State in which the applicant habitually resides, the deciding authority in Spain (i.e. the Directorate-General for Personnel and State Pension Costs (Dirección General de Costes de Personal y Pensiones Publicas) of the Ministry of Finance and Public Administration (Ministerio de Hacienda y Función Pública)) must notify the applicant and the assisting authority of:

  • the receipt of the State aid claim, the body investigating the case, the deadline for settling the case and, if possible, the anticipated date by which the decision will be taken;
  • the decision closing the case.

In addition, as the decision-making body, the Directorate-General for Personnel and State Pension Costs, may obtain the cooperation of the assisting authority of the State in which the aid applicant habitually resides, in order to hold a hearing with the applicant or with any other person it considers necessary.

To that end, it may ask the assisting authority to provide whatever is needed for the investigating body to directly carry out the hearing, in particular by telephone or videoconferencing, with the person to be heard, if they agree to this or

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, in the case of violent crimes and sexual offences, although there is the possibility that the criminal proceedings may have been started by the competent authorities of their own motion, with no need for reporting to the police.

As a general rule, granting of the aid is conditional upon a legal ruling ending the criminal proceedings, against which no further remedy is available. While criminal proceedings are ongoing, the legislation provides for the granting of interim aid to address the precarious financial situations of victims of crime or their beneficiaries. Interim aid may be applied for once the victim has reported the events to the competent authorities or when the criminal proceedings have been initiated by the competent bodies without the need for a report.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

In the case of violent crimes and sexual offences, to submit the claim for financial aid, you must attach to the claim a copy of the legal ruling ending the criminal proceedings and against which no further remedy is available, whether it is a judgment, a judgment in absentia, a decision to close the case due to the death of the accused, or a decision to dismiss the case.

In the case of terrorism offences, it is a requirement for the granting of the aid and benefits provided for in Spanish legislation that either the victim has been granted the right to be compensated by way of civil liability for the acts and their consequences that can be compensated for by virtue of a judgment against which no further remedy is available, or although such a judgment has not been issued, the appropriate legal investigation has been carried out or the criminal proceedings for the prosecution of the crimes have been initiated.

Do I have to first seek compensation from the offender – if they have been identified?

In the case of violent crimes and sexual offences, to submit the claim for financial aid, you must attach to the claim a copy of the legal ruling ending the criminal proceedings and against which no further remedy is available, whether it is a judgment, a judgment in absentia, a decision to close the case due to the death of the offender, or a decision to dismiss the case.

This requirement means that, if you are going to claim financial aid, you need to begin legal proceedings against the person allegedly responsible for the crime.

In the case of terrorism offences, it is a requirement for the granting of the aid and benefits provided for in Spanish legislation that either the victim has been granted the right to be compensated by way of civil liability for the events and their consequences that can be compensated for by virtue of a judgment against which no further remedy is available, or although such a judgment has not been issued, the appropriate legal investigation has been carried out or the criminal proceedings for the prosecution of the crimes have been initiated.

Consequently, it is necessary for criminal proceedings to have started or at least for the appropriate judicial investigation to have been carried out, in order to apply for the aid and benefits provided for in law.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to support my claim?

In the case of violent crimes and sexual offences, if the offender has not been identified it would not be possible to apply for compensation, since one of the requirements is a copy of the legal ruling against the alleged offender ending the criminal proceedings and against which no further remedy is available. If the criminal proceedings have yet to be ended - i.e. a legal ruling ending the criminal proceedings and against which no further remedy is available has not yet been issued - interim aid may be applied for, provided that evidence is provided of the precarious financial situation of the victim or his or her beneficiaries.

If the alleged offender does not appear in court, the relevant judgment in absentia must be included in the aid application.

One of the documents that must be submitted with applications for interim aid is a report from the public prosecutor’s office indicating that there is prima facie evidence for assuming that the death, injuries or harm were caused by a violent and wilful (intentional) act.

In the case of terrorism offences, the aid and benefits provided for in Spanish legislation may be applied for if the appropriate legal investigations have been carried out or the criminal proceedings for the judgment of the crimes have been initiated.

Is there a time limit within which I have to claim compensation?

In the case of violent crimes and sexual offences, the time limit for claiming the aid is generally one year from when the crime was committed.

In the case of terrorism offences, the time limit for submitting applications for compensation for personal injury or material damages is generally one year from the date on which the harm occurred.

Which losses and expenses are covered by the compensation?

(a) for the crime victim

- Material damage

In the case of violent crimes and sexual offences, aid is granted in the event of death, serious physical injury or serious harm to physical or mental health.

Serious injury is considered to be that which affects bodily integrity or physical or mental health, and which temporarily or permanently incapacitates the person who has suffered it.

Physical injury or harm to physical or mental health would need to be sufficiently serious to declare permanent disablement or a situation of temporary incapacity lasting more than six months, in accordance with Spanish social security legislation. Permanent incapacity must involve at least 33 % incapacity.

In the case of terrorism offences, ordinary aid covers the following contingencies:

  • Death: the removal, funeral, burial and/or cremation costs of persons killed as a result of a terrorist attack who are not covered by an insurance policy are paid to beneficiaries by the State, up to a legally established limit.

In addition, in applicable cases, beneficiaries have the right to:

  • extraordinary payment of any amount ordered in a judgment against which no further remedy is available for civil liability for physical or psychological damage arising from the events;
  • payment for material damage;
  • aid for medical treatment, and additional health and psychosocial care;
  • educational aid;
  • aid in connection with housing;
  • extraordinary aid for situations of need;
  • decorations awarded by the Royal Order of Civil Recognition of Victims of Terrorism (Real Orden de Reconocimiento Civil a las Víctimas del Terrorismo).
  • Personal injury:

Persons who have suffered physical injury are entitled to compensation for spending on medical treatment, prostheses and surgical interventions connected to the terrorist action, if the need for them is demonstrated and it is not covered by any public or private welfare system covering these persons.

The following situations are distinguished:

  • severe disability;
  • permanent incapacity for any occupation;
  • permanent incapacity for one’s normal occupation;
  • partial permanent incapacity: for these situations, fixed financial compensation is laid down.

In addition, in applicable cases, beneficiaries have the right to:

  • Extraordinary payment of any amount ordered in a judgment against which no further remedy is available for civil liability for physical or psychological damage arising from the events.
  • payment for material damage;
  • aid for medical treatment, and additional health and psychosocial care; educational aid;
  • aid in connection with housing;
  • extraordinary aid for situations of need;
  • decorations awarded by the Royal Order of Civil Recognition of Victims of Terrorism (Real Orden de Reconocimiento Civil a las Víctimas del Terrorismo).
  • Non-disabling permanent injuries: in this case, cover varies according to the assessment of the harm performed in accordance with the system set up for victims of traffic accidents using the scale resulting from the application of the social security legislation on the amounts of compensation for permanent injury, mutilation and deformation and non-disabling injuries caused by an accident at work or an occupational disease.

As regards assessing compensation for after-effects, including physical, intellectual, sensory and organic impairments and cosmetic damage arising from an injury and remaining once the healing process is over, the system set up for victims of traffic accidents includes expenditure on future healthcare, prosthesis, rehabilitation at home and in clinics, and costs incurred due to the loss of personal independence, among other things.

It also includes temporary incapacity, which a victim might experience while receiving healthcare and unable to perform their occupational or normal activities.

Similarly, victims of terrorism affected by permanent non-disabling injuries are entitled, where applicable, to:

  • Extraordinary payment of any amount ordered in a judgment against which no further remedy is available for civil liability for physical or psychological damage arising from the events.
  • payment for material damage;
  • aid for medical treatment, and additional health and psychosocial care;
  • exemption from academic fees;
  • aid in connection with housing;
  • extraordinary aid for situations of need;
  • decorations awarded by the Royal Order of Civil Recognition of Victims of Terrorism (Real Orden de Reconocimiento Civil a las Víctimas del Terrorismo).
  • Temporary incapacity: For these purposes, a victim is understood to be in a situation of temporary incapacity while they are receiving healthcare and unable to perform their occupational or normal activities.

In addition, in appropriate cases, victims are also entitled to additional aid granted for those affected by permanent disablement or permanent non-disabling injuries, except for educational aid.

  • Kidnapping: compensation for this includes fixed financial compensation and compensation for personal injury that the act of kidnapping may have caused you.

Similarly, beneficiaries may be compensated for personal injury that the act of kidnapping may have caused them, together with other types of aid, such as:

  • extraordinary payment of any amount ordered in a judgment against which no further remedy is available for civil liability for physical or psychological damage arising from the events;
  • payment for material damage;
  • aid for medical treatment, and additional health and psychosocial care;
  • aid in connection with housing;
  • extraordinary aid for situations of need;
  • decorations awarded by the Royal Order of Civil Recognition of Victims of Terrorism (Real Orden de Reconocimiento Civil a las Víctimas del Terrorismo).
  • Material damage: this aid is secondary to any other aid granted by public authorities or arising from insurance contracts, and is reduced by the amounts received from these.

Damage caused to publicly-owned assets cannot be compensated for.

Beneficiaries are entitled to:

Compensation for damage to housing:

  • For habitual residences of natural persons, where habitual residence is generally understood to mean the building that constitutes the residence of a person or family unit for at least six months of the year, compensation can be paid for damage to the structure, equipment and furniture which it is necessary to replace in order to restore it to the former conditions of habitability, with the exception of certain elements.
  • For non-habitual residences, compensation comprises 50 % of the damage up to the limit for housing specified by the applicable legislation.

Temporary accommodation:

  • If affected persons have to temporarily leave their home as a result of a terrorist attack while repair work is carried out, the Ministry of the Interior may contribute to defraying the expenses arising from temporary accommodation.

Compensation for damage to commercial or industrial establishments:

  • Compensation includes the value of repairs needed to resume operations in such establishments, including damaged furniture and equipment, up to the limit of compensation fixed by the applicable legislation.

Compensation for damage to vehicles:

  • Damage caused to private vehicles, as well as that suffered by vehicles used for the land transport of people or goods, can be compensated for.
  • It is essential that, at the time of the incident, the compulsory insurance policy for the vehicle is up to date, if such insurance is required by specific legislation.
  • Compensation will include the expenses necessary for repair, and aid is also available if the vehicle is destroyed.
  • Educational aid: Study aid is granted if a terrorist act results in injuries for the student, their widow or widower, unmarried partner or the children of the deceased person or for their parents, siblings or guardians, which incapacitate them from performing their usual occupation, with the requirements laid down in the applicable legislation.

Responsibility for compensation to victims of terrorist attacks is taken by the State, which in exceptional cases will pay the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping.

- Psychological damage

In the case of violent crimes and sexual offences, if the crime has caused harm to the victim’s mental health (psychological damage), the amount of aid will defray the costs of any therapeutic treatment freely chosen by the victim, by the maximum amount specified by Spanish legislation.

In the case of terrorism offences, with regard to the psychological harm, victims of terrorist attacks will immediately receive, free of charge, the psychological and psychiatric assistance necessary to meet their needs for care for as long as this is clinically judged to be necessary for their fastest and most effective recovery.

This aid extends to direct victims themselves and also to those threatened and their families or those with whom they cohabit.

(b) Rights of persons or relatives of victims

- Material damage

In the case of violent crimes and sexual offences, parents of a minor who dies as a result of a crime are considered to be beneficiaries as indirect victims.

In such cases, aid is limited to compensation for funeral expenses that the parents or guardians of the deceased child may actually have paid, within the limits laid down by Spanish legislation.

Expenses related to the wake, removal, burial or cremation are considered to be funeral expenses eligible for compensation.

In the case of terrorism offences, the State will pay the removal, funeral, burial and/or cremation costs of persons killed as a result of a terrorist attack who are not covered by an insurance policy, up to a limit set by the applicable legislation.

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

In the case of terrorism offences, the aid provided for with regard to psychological and psychiatric assistance for the direct victims of terrorist acts also extends to family members and persons with whom they cohabit, who may suffer psychological effects arising from the terrorist acts which manifest themselves later: they are entitled to funding of the cost of psychological attention, following prescription by a medical practitioner, up to a limit determined for individualised treatment.

Is the compensation paid out in a single payment or monthly instalments?

In the case of violent crimes and sexual offences, in general the amount of aid cannot ever exceed the compensation set in the judgement.

The amount of aid will be determined by applying a set of rules, providing it does not exceed the amount specified in the judgment:

  • in the case of temporary incapacity, once the first six months have passed, an amount equivalent to twice the current daily Public Multiple Purpose Income Index (Indicador Público de Renta de Efectos Múltiples (IPREM)) will be received while the person affected remains incapacitated, with the relevant monthly payments being made during that period.

The IPREM is an index that is fixed annually and used to determine the amount of certain benefits or the threshold for accessing certain benefits, entitlements or public services.

  • In the case of disabling injuries, the maximum amount to be received is linked to the current monthly IPREM on the date that the injuries or harm affect the person’s health and will depend on the level of disablement:
    • For partial permanent incapacity: 40 monthly instalments.
    • For permanent incapacity for one’s normal occupation: 60 monthly instalments.
    • For permanent incapacity for any occupation: 90 monthly instalments.
    • For severe disablement: 130 monthly instalments.
  • In the case of death, the maximum aid to be received is 120 monthly instalments of the IPREM in force on the date of death.

The amount of aid for funeral expenses granted to the parents or guardians of a minor or a disabled adult who dies as a direct consequence of a crime will defray the costs actually paid up to a maximum of five monthly instalments of the IPREM in force on the date of death.

Payment of the amount of aid granted for therapeutic treatment expenses for sexual offences that have caused harm to the mental health of victims will be made in accordance with the following criteria:

  • If the application for aid is made before treatment is started, payment of an amount based on a monthly instalment of the IPREM may be agreed. If that amount is not enough to pay for the treatment, at the request of the person concerned, the excess expenses can be met by a single payment or by successive payments until the end of treatment or, if applicable, until the set maximum amount is reached.
  • If the aid is applied for once treatment has begun, the expenditure accounted for by the person concerned will be paid together with future expenditure for the same purpose, until the end of treatment or, if applicable, until the set maximum amount is reached.
  • If at the time of the application it is demonstrated that the treatment has ended, the aid will be paid in a single payment, for the amount of the expenditure accounted for, up to the maximum amount permitted. If treatment demonstrably needs to be resumed and the maximum amount has not been reached, it will be possible to make payment for the resulting new expenditure.

Interim aid may also be granted before the legal ruling ending criminal proceedings against which no further remedy is available is handed down, provided the precarious financial situation in which you as victim or your beneficiaries were left has been demonstrated. This aid may be provided via a single payment or regular payments.

In the case of terrorism offences:

  • In the case of death, aid will be provided in a single payment in accordance with the legally-established amounts.

For the removal, funeral, burial and/or cremation costs of persons killed as a result of a terrorist attack who are not covered by an insurance policy, a single payment is made up to a legally established limit.

  • In the case of personal injury: For severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation and partial permanent incapacity, aid is paid as a single payment in accordance with the legally established amounts.

For compensation of permanent non-disabling injuries, compensation is either made in a single payment or monthly instalments, depending on the scale set out.

  • For temporary incapacity, there is a limit of 18 monthly instalments for compensation.
  • For kidnapping, in addition to a single payment, as compensation for the personal injury caused to the victim by the kidnapping, aid based on the number of days of kidnapping will be paid up to the limit for partial permanent incapacity.
  • In the case of material damage: this aid is secondary to any other aid granted by public authorities or arising from insurance contracts, and is reduced by the amounts received from these.

Damage caused to publicly-owned assets cannot be compensated for.

Generally speaking, payment is made as a single payment of the amounts specified by the applicable legislation, with the exception of aid for temporary accommodation: this is provided in monthly payments, with aid being calculated on a daily basis if the accommodation is in a hotel, and on a monthly basis if housing is being rented.

Beneficiaries are entitled to:

Compensation for damage to housing:

  • For habitual residences of natural persons, where habitual residence is generally understood to mean the building that constitutes the residence of a person or family unit for at least six months of the year, compensation can be paid for damage to the structure, equipment and furniture which it is necessary to replace in order to restore it to the former conditions of habitability, with the exception of certain elements.
  • For non-habitual residences, compensation includes 50 % of the damage up to the limit for housing specified by the applicable legislation.

Temporary accommodation:

  • If affected persons have to temporarily leave their home as a result of a terrorist attack while repair work is carried out, the Ministry of the Interior may contribute to defraying the expenses arising from temporary accommodation.

Compensation for damage to commercial or industrial establishments:

  • Compensation includes the value of repairs needed to resume operations in such establishments, including damaged furniture and equipment, up to the limit of compensation set by the applicable legislation.

Compensation for damage to vehicles:

  • Damage caused to private vehicles, as well as that suffered by vehicles used for the land transport of people or goods, can be compensated for.
  • It is essential that, at the time of the incident, the compulsory insurance policy for the vehicle is up to date, if such insurance is required by specific legislation.
  • Compensation will include the expenses necessary for repair, and aid is also available if the vehicle is destroyed.
  • Educational aid: Study aid is granted if a terrorist act results in injuries for the student, their widow or widower, unmarried partner or the children of the deceased person or for their parents, siblings or guardians, which incapacitate them from performing their usual occupation, with the requirements laid down in the applicable legislation.

The system of payments by instalments will be applied to cases of temporary incapacity and disabling injuries caused by terrorist attacks within the scope laid down by Spanish legislation.

For cases in which, due to the severity of the injuries suffered, it is reasonable to assume that total permanent incapacity for one’s normal occupation, permanent incapacity for any occupation, or severe disability of the victim will later be declared, payment by instalments may be made up to the legally established limit.

In exceptional cases, the State will take responsibility for paying the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping. This extraordinary aid normally takes the form of a single payment, except for non-disabling permanent injuries and kidnapping.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

In the case of violent crimes and sexual offences, public aid may be refused or its amount reduced if total or partial granting would be inequitable or contrary to public order in the following circumstances declared by judgment:

  • if the beneficiary’s behaviour had contributed directly or indirectly to the commission of the crime or to a worsening of their injuries;
  • if the beneficiary has links to the perpetrator or belongs to an organisation devoted to violent crime.

If a person who died as a result of the crime falls under one of the abovementioned reasons for refusal or limitation of aid, beneficiaries may access the aid on the basis of being indirect victims, if they are in financial distress.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

In the case of violent crimes and sexual offences, your financial situation is taken into account in determining the amount of aid to be granted, since the following weightings are applied:

  • incomes of any kind received on an annualised basis by the beneficiary or jointly by all the beneficiaries (in the case of aid following death), in accordance with the relevant scale;
  • incomes of any kind received on an annualised basis by the victim on the date that the injuries or harm affected their health (aid for disabling injuries), in accordance with the relevant scale.

Your financial situation is also taken into account to determine whether you as beneficiary are in a situation of financial dependence that might result in granting of the relevant aid. If your situation is financially precarious, in accordance with the relevant legislation, interim aid may be granted before a legal ruling ends the criminal proceedings and against which no further remedy is available.

In the case of terrorism offences, in order to establish entitlement to compensation for death, the financial dependence of the beneficiary on the deceased at the point of death due to the terrorist act is taken into account, using annual income of any kind received by them.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

No.

How will the compensation be calculated?

In the case of violent crimes and sexual offences, the amount of aid cannot ever exceed the compensation set in the judgment. The exact amount is determined by applying a series of rules:

  • In the case of temporary incapacity, once the first six months have passed, an amount equivalent to twice the current daily Public Multiple Purpose Income Index (Indicador Público de Renta de Efectos Múltiples (IPREM)) will be received while the person affected remains incapacitated, with the relevant monthly payments being made during that period.
  • In the case of disabling injuries, the maximum amount to be received is linked to the current monthly IPREM on the date that the injuries or harm affect the person’s health and will depend on the level of disablement:
    • For partial permanent incapacity: 40 monthly instalments.
    • For permanent incapacity for one’s own job: 60 monthly instalments.
    • For permanent incapacity for any occupation: 90 monthly instalments.
    • For severe disablement: 130 monthly instalments.

To determine the amount of aid to be received in these cases, the following correction factors are successively applied to the maximum amounts of each relevant aid:

  • incomes of any kind received on an annualised basis by the victim on the date that the injuries or harm affected their health, according to the following scale:
    • incomes below the IPREM in force on that date: correction factor = 1;
    • between 101 % and 200 % of said IPREM: correction factor = 0.90;
    • between 201 % and 350 % of said IPREM: correction factor = 0.80;
    • over 350 % of said IPREM: correction factor = 0.70.
  • the number of persons depending financially on the victim on the date of the injury, in accordance with the criteria laid down by the applicable legislation, if they live with the victim and at the victim’s expense, and provided they do not receive incomes of any kind exceeding, on an annualised basis, 150 % of the annualised IPREM in force on the date of the injury, in accordance with the following scale:
    • for 4 or more dependants, a correction factor of 1 is applied;
    • for 3 dependants, a correction factor of 0.95 is applied;
    • for 2 dependants, a correction factor of 0.90 is applied;
    • for 1 dependant, a correction factor of 0.85 is applied;
    • if there are no dependants, a correction factor of 0.80 is applied.
    • In the case of death, the maximum aid to be received is 120 monthly instalments of the IPREM in force on the date the death occurred.

To determine the amount of aid to be received in this case, the following correction factors are successively applied to the maximum amounts of each relevant aid:

  • annualised incomes of any kind being received on the date of the victim’s death by the beneficiary or jointly by all the beneficiaries (if there are more than one), according to the following scale:
    • incomes below the IPREM in force on that date: correction factor = 1;
    • between 101 % and 200 % of said IPREM: correction factor = 0.90;
    • between 201 % and 350 % of said IPREM: correction factor = 0.80;
    • over 350 % of said IPREM: correction factor = 0.70.
  • the number of persons who at the time of the victim’s death depended financially on them or on any beneficiaries. Those specified by the applicable legislation will be counted as beneficiaries, provided the following conditions are met by each of them:
    • that at the time of the victim’s death they lived with them or with any beneficiaries, at the expense of the victim or the beneficiaries; and
    • that they do not receive incomes of any kind which when annualised exceed 150 % of the annualised IPREM in force at the time of the victim’s death, in accordance with the following scale:
      • for 4 or more dependants, a correction factor of 1 is applied;
      • for 3 dependants, a correction factor of 0.95 is applied;
      • for 2 dependants, a correction factor of 0.90 is applied;
      • for 1 dependant, a correction factor of 0.85 is applied;

The amount of aid for funeral expenses granted to the parents or guardians of a minor or a disabled adult who dies as a direct consequence of a crime will defray the costs actually paid up to a maximum of five monthly instalments of the IPREM in force on the date of the death.

In the case of sexual offences causing harm to the mental health of the victim, the amount of aid will defray the expenditure on therapeutic treatment freely chosen by the victim, up to a limit of five monthly instalments of the IPREM in force on the date of the issuing of the forensic medical report substantiating the harm to the mental health of the victim which can be treated therapeutically.

Interim aid may be granted before the legal ruling ending criminal proceedings against which no further remedy is available is handed down, provided the precarious financial situation in which you as victim or your beneficiaries were left has been demonstrated.

In the case of terrorism offences:

  • In the case of death, aid will be provided in a single payment in accordance with the legally established amounts.

Beneficiaries of this compensation will be entitled to an increase in aid by a fixed amount of twenty monthly payments of the IPREM in force on the date of the terrorist act, for each of the children or minors covered that depended financially on the victim at the time of the death.

It is considered that a person depends financially on the deceased person if, at the time of death, they lived totally or partially at the expense of that person and they did not receive on an annualised basis income of any kind exceeding 150 % of the annualised IPREM in force at that time.

Aid is also granted for the costs of removal, funeral and burial and/or cremation of persons who have died as a result of a terrorist attack and who are not covered by an insurance policy, up to the legally-established limit. The costs will be met following submission of the relevant invoices. It will be necessary to accompany them with the insurance policy covering these costs, or with an affidavit declaring the absence of such insurance.

  • In the case of personal injury: For severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation and partial permanent incapacity, aid is paid as a single payment in accordance with the legally established amounts.

For compensation of permanent non-disabling injuries, compensation is either made in a single payment or monthly instalments, depending on the scale set out.

Beneficiaries will be entitled to the aid to the aid provided and to an increase of said aid by a fixed amount of 20 monthly payments of the relevant IPREM for each of the children or minors covered that depended financially on the victim at the time of the terrorist act that caused the injury.

  • For temporary incapacity, compensation corresponding to twice the relevant IPREM for the period of temporary incapacity, up to a limit of 18 monthly instalments, will be paid.
  • For kidnapping, victims will be compensated with the legally established amount for the kidnapping. In addition, as compensation for any personal injury caused to the victim by the kidnapping, aid equivalent to three times the daily IPREM for each day the kidnapping lasted will be paid, up to the compensation limit set for partial permanent incapacity.
  • Material damage: this aid is secondary to any other aid granted by public authorities or arising from insurance contracts, and is reduced by the amounts received from these.

Combined together, the compensations cannot ever exceed the value of the damage caused.

Damage caused to publicly-owned assets cannot be compensated for.

Beneficiaries are entitled to:

compensation for damage to housing:

  • For habitual residences of natural persons, compensation can be paid for damage to the structure, equipment and furniture which it is necessary to replace in order to restore it to the former conditions of habitability, with the exception of certain luxury elements.
  • For non-habitual residences, compensation comprises 50 % of the damage up to the limit for housing specified by the applicable legislation.

temporary accommodation:

  • If, as a result of a terrorist attack, affected persons have to temporarily leave their home while repair work is carried out, the Ministry of the Interior may contribute to defraying the expenses arising from temporary accommodation, by paying aid calculated on a daily basis if the accommodation is in a hotel, and on a monthly basis if housing is being rented.

compensation for damage to commercial or industrial establishments:

  • Compensation includes the value of repairs needed to resume operations in such establishments, including damaged furniture and equipment, up to the limit of compensation set by the applicable legislation.

compensation for damage to vehicles:

  • Damage caused to private vehicles, as well as that suffered by vehicles used for the land transport of people or goods, can be compensated for.
  • It is essential that, at the time of the incident, the compulsory insurance policy for the vehicle is up to date, if such insurance is required by specific legislation.
  • Compensation will include the amount or spending necessary for repair.
  • Educational aid: Study aid is granted if a terrorist act results in personal injuries for the student, their widow or widower, unmarried partner or the children of the deceased or for their parents, siblings or guardians, which incapacitate them from performing their usual occupation, with the requirements laid down in the applicable legislation.

In order to benefit from the aid, you cannot already have, or meet the legal requirements to obtain, a qualification of the same level or higher than the studies for which the aid is requested.

For language teaching and baccalaureate or equivalent or higher-level studies, the academic requirements for enrolment and achieved study content laid down in Spanish legislation on bursaries and study aid will apply.

However, for the calculation of the minimum academic achievement required of the beneficiaries of study aid, the Ministry of the Interior will apply a correction factor of 0.60 to students with specific educational support needs who require adaptation of the curriculum or increased time to undertaken their studies because of physical or mental incapacity.

In exceptional cases, the State will take responsibility for paying the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping.

The amount of compensation will be determined as follows:

  • If there is a judgment against which no further remedy is available granting compensation due to civil liability, either for death or for physical or mental injury causing any of the abovementioned contingencies, a single payment of aid will be made at the legally specified amount.
  • If the judgment against which no further remedy is available does not grant or permit the granting of any amount due to civil liability for physical or mental injury, aid will be paid in a single payment for all the contingencies except for the following:
    • Non-disabling permanent injuries: in this case, cover varies according to the assessment of the harm performed in accordance with the system set up for victims of traffic accidents using the scale resulting from the application of the social security legislation on the amounts of compensation for permanent injury, mutilation and deformation and non-disabling injuries caused by an accident at work or an occupational disease.
    • Kidnapping: aid equivalent to three times the daily Public Multiple Purpose Income Index (IPREM) will be paid for each day the kidnapping lasts, up to the limit of compensation set for partial permanent incapacity.

Is there a minimum/maximum amount that can be awarded?

In the case of violent crimes and sexual offences, in general the amount of aid cannot ever exceed the compensation set in the judgment.

The amount of aid will be determined by applying a set of rules, providing it does not exceed the amount specified in the judgment:

  • In the case of temporary incapacity, once the first six months have passed, an amount equivalent to twice the current daily Public Multiple Purpose Income Index (IPREM) will be received while the person affected remains incapacitated, with the relevant monthly payments being made during that period.
  • In the case of disabling injuries, the maximum amount to be received is linked to the current monthly IPREM on the date that the injuries or harm affect the person’s health and will depend on the level of disablement:
    • For partial permanent incapacity: 40 monthly instalments.
    • For permanent incapacity for one’s normal occupation: 60 monthly instalments.
    • For permanent incapacity for any occupation: 90 monthly instalments.
    • For severe disablement: 130 monthly instalments.
  • In the case of death, the maximum aid to be received is 120 monthly instalments of the IPREM in force on the date the death occurred.

The amount of aid for funeral expenses granted to the parents or guardians of a minor or a disabled adult who dies as a direct consequence of a crime will defray the costs actually paid up to a maximum of five monthly instalments of the IPREM in force on the date of the death.

Payment of the amount of aid granted for therapeutic treatment expenses for sexual offences that have caused harm to the mental health of victims will be made in accordance with the following criteria:

  • If the application for aid is made before treatment is started, payment of an amount based on a monthly instalment of the IPREM may be agreed. If that amount is not enough to pay for the treatment, at the request of the person concerned the excess expenses can be met by a single payment or by successive payments until the end of treatment or, if applicable, until the set maximum amount is reached.
  • If the aid is applied for once treatment has begun, the expenditure accounted for by the person concerned will be paid together with future expenditure for the same purpose, until the end of treatment or, if applicable, until the set maximum amount is reached.
  • If at the time of the application it is demonstrated that the treatment has ended, the aid will be paid in a single payment, for the amount of the expenditure accounted for, up to the maximum amount permitted. If treatment needs to be resumed and the maximum amount has not been reached, it will be possible to make payment for the resulting new expenditure.

Interim aid may also be granted before the legal ruling ending criminal proceedings against which no further remedy is available is handed down, provided the precarious financial situation in which you as victim or your beneficiaries were left has been demonstrated. This aid may be provided through a single payment or through regular payments.

In the case of terrorism offences:

  • In the case of death, the amount of compensation will be EUR 250 000, which will be increased by a fixed amount of 20 monthly payments of the IPREM in force on the date of the terrorist act, for each of the children or minors covered that depended financially on the victim at the time of death.

For the removal, funeral, burial and/or cremation costs of persons deceased as a result of a terrorist attack who are not covered by an insurance policy, a single payment is made up to a limit of EUR 6 000.

  • In the case of personal injury: For severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation and partial permanent incapacity, aid is paid as a single payment in accordance with the legally established amounts.
    • Severe disability: EUR 500 000.
    • Permanent incapacity for any occupation: EUR 180 000.
    • Permanent incapacity for one’s normal occupation: EUR 100 000.
    • Partial permanent incapacity: EUR 75 000.
  • For compensation of permanent non-disabling injuries, compensation is either made in a single payment or monthly instalments, depending on the scale set out and with the same limit as for partial permanent incapacity (EUR 75 000).
  • For temporary incapacity, compensation is paid corresponding to twice the relevant IPREM for the period that the victim is temporarily incapacitated, up to a limit of 18 monthly instalments.
  • For kidnapping, a single payment of EUR 12 000 will be paid for the kidnapping plus three times the daily IPREM for each day the kidnapping lasted, up to the limit for partial permanent incapacity (EUR 75 000).
  • In the case of material damage: this aid is secondary to any other aid granted by public authorities or arising from insurance contracts, and is reduced by the amounts received from these.

Damage caused to publicly-owned assets cannot be compensated for.

Generally speaking, payment is made as a single payment of the amounts specified by the applicable legislation, with the exception of aid for temporary accommodation: this is provided in monthly payments, with aid being calculated on a daily basis if the accommodation is in a hotel, and on a monthly basis if housing is being rented.

Beneficiaries are entitled to:

Compensation for damage to housing:

  • For habitual residences of natural persons, where habitual residence is generally understood to mean the building that constitutes the residence of a person or family unit for at least six months of the year, compensation can be paid for damage to the structure, equipment and furniture which it is necessary to replace in order to restore it to the former conditions of habitability, with the exception of certain elements.
  • For non-habitual residences, compensation comprises 50 % of the damage up to the limit for housing specified by the applicable legislation.

Temporary accommodation:

  • If affected persons have to temporarily leave their home as a result of a terrorist attack while repair work is carried out, the Ministry of the Interior may contribute to defraying the expenses arising from temporary accommodation.

Compensation for damage to commercial or industrial establishments:

  • Compensation includes the value of repairs needed to resume operations in such establishments, including damaged furniture and equipment, up to the limit of compensation set by the applicable legislation.

Compensation for damage to vehicles:

  • Damage caused to private vehicles, as well as that suffered by vehicles used for the land transport of people or goods, can be compensated for.
  • It is essential that at the time of the incident, the compulsory insurance policy for the vehicle is up to date, if such insurance is required by specific legislation.
  • Compensation will include the expenses necessary for repair, and aid is also available if the vehicle is destroyed.
  • Educational aid: Study aid is granted if a terrorist act results in personal injuries for the student, their widow or widower, unmarried partner or the children of the deceased or for their parents, siblings or guardians, which incapacitate them from performing their usual occupation, with the requirements laid down in the applicable legislation.

The system of payments by instalments will be applied to cases of temporary incapacity and disabling injuries caused by terrorist attacks within the scope laid down by Spanish legislation.

For cases in which, due to the severity of the injuries suffered, it is reasonable to assume that permanent incapacity for one’s normal occupation, permanent incapacity for any occupation or severe disablement of the victim will later be declared, payment by instalments may be made up to EUR 18 030.36.

In exceptional cases, the State will take responsibility for paying the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping.

The amount of compensation will be determined as follows:

  • If there is a judgment against which no further remedy is available, which grants compensation due to civil liability, either for death or for physical or mental injury causing any of the abovementioned contingencies, the amount set in the judgment will be paid up to the following limits:
    • Death: EUR 500 000.
    • Severe disability: EUR 750 000.
    • Permanent incapacity for any occupation: EUR 300 000.
    • Permanent incapacity for one’s normal occupation: EUR 200 000.
    • Partial permanent incapacity: EUR 125 000.
    • Non-disabling permanent injuries: EUR 100 000.
    • Kidnapping: EUR 125 000.
  • If the judgment against which no further remedy is available does not grant or permit the granting of any amount due to civil liability for physical or mental injury, the following amounts will be paid:
    • Death: EUR 250 000.
    • Severe disability: EUR 500 000.
    • Permanent incapacity for any occupation: EUR 180 000.
    • Permanent incapacity for one’s normal occupation: EUR 100 000.
    • Partial permanent incapacity: EUR 75 000.
  • Non-disabling permanent injuries: in this case, cover varies according to the assessment of the harm performed in accordance with the system set up for victims of traffic accidents using the scale resulting from the application of the social security legislation on the amounts of compensation for permanent injury, mutilation and deformation and non-disabling injuries caused by an accident at work or an occupational disease.
  • Kidnapping: Aid equivalent to three times the daily Public Multiple Purpose Income Index (IPREM) will be paid for each day the kidnapping lasts, up to the limit of compensation set for partial permanent incapacity.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

In the case of violent crimes and sexual offences, generally speaking, receiving legally regulated aid is not compatible with receiving compensation for injuries and damage caused by the crime which is laid down by a judgment.

However, it is possible for all or part of the legally regulated aid to be paid if the offender has been declared partially insolvent; but the amount received from both sources cannot ever be more than that set in the judicial decision.

Hence, the aid provided for in Spanish legislation is incompatible with:

  • Financial compensation that the beneficiary is entitled to from an insurance system, unless the amount of compensation from a privately contracted insurance is less than that set by the judgment.
  • In the case of the temporary incapacity of the victim, aid is incompatible with any allowance that might be paid for such incapacity in a public social security scheme. This incompatibility will be considered to exist where the Spanish regulated aid and the compensation or financial aid to which the beneficiary is entitled via a private insurance system cover the same risks and situations of need.

In spite of the above, possible payment of the legally regulated aid may be appropriate for a beneficiary of a private insurance if the amount of compensation received from the insurance is less than that set in the judgment, provided the difference to be paid does not exceed the set scale.

In the case of injury or harm causing the permanent incapacity or death of the victim, receipt of the aid will be compatible with receipt of any public pension that the beneficiary has a right to receive.

Aid for permanent incapacity is incompatible with that for temporary incapacity.

In the case of terrorism offences, with regard to the material damage caused to victims as a result of this kind of crime, compensation for this kind of harm will be secondary to that granted by the public authorities or arising from insurance contracts, and will be reduced by the amount received from these sources.

With regard to damage to vehicles, the damage caused to private vehicles can be compensated for as well as that suffered by the users of land transport for persons or goods, except those in public ownership, provided that at the time of the incident the compulsory insurance policy for the vehicle is up to date, if such insurance is required by specific legislation. This compensation is secondary to any other compensation granted by public authorities or arising from insurance contracts, and is reduced by the amounts of such compensation.

With regard to the costs of removal, funeral, burial and/or cremation of persons who have died as a result of a terrorist attack, payment will be made by the Spanish Central Government provided the recipients are not covered by an insurance policy, up to the legally established limit. It will be necessary to accompany the relevant invoices with the insurance policy covering these costs, or with an affidavit declaring the absence of such insurance.

Can I get an advance on the compensation? If so, under what conditions?

Yes.

In the case of violent crimes and sexual offences, interim aid may be granted before the legal ruling ending the criminal proceedings against which no further remedy is available is handed down, so long as the precarious financial situation in which the victim or their beneficiaries were left has been demonstrated. The financial situation of a victim or the beneficiaries will be considered to be precarious if, on the date on which aid is applied for, neither the victims nor the beneficiaries are receiving annualised incomes of any kind greater than the annualised Public Multiple Purpose Index (IPREM) in force at the time of the application.

In any event, for the granting of such interim aid, it must be demonstrated that the applicant meets the requirements laid down by the applicable legislation for being a beneficiary of the relevant definitive aid.

In the case of terrorism offences, the Ministry of the Interior may pay an amount in advance, up to the legally established limit, pending receipt of the definitive aid, in cases in which due to the severity of the injuries suffered as a result of the terrorist action it is reasonable to assume that permanent incapacity for one’s normal occupation, permanent incapacity for any occupation, or severe disability of the victim will later be declared.

Similarly, where there are disabling injuries or temporary incapacity, periods of time off work can be paid for on a quarterly basis. These amounts paid in instalments will be equivalent to twice the IPREM in force on the date of the injury for the days of incapacity.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health, etc.) after the main decision?

Yes.

In the case of violent crimes or sexual offences, if, having been granted aid for a certain level of incapacity or impairment, either a more serious situation meriting a greater amount or the death of the victim as a direct consequence of the injuries or harm occurs, it will be appropriate to make a one-off grant of aid for worsening of the prejudicial consequence.

The period for applying for the new aid is one year counting from the date of the judgment granting the initial aid to seek review of the degree of incapacity or disablement.

In the case of terrorism offences, although normally applications must be submitted within a maximum of one year from the date the damage occurred, if as a direct result of the injuries suffered because of the terrorist act a worsening of the consequences or the death of the person affected occurs, a new period of the same duration will be started for applying for the relevant difference in the amount.

What supporting documents do I need to include with my claim?

In the case of violent crimes and sexual offences, for the granting of definitive aid for temporary incapacity and disabling injuries, the application by the victim or their representative must be on the official form and include the following details and documents:

  • A description of the circumstances in which the act with features of a wilful (intentional) violent crime was committed, with an indication of the date and place of the incident.
  • Evidence that the events were reported to the public authority.
  • A declaration on compensation and aid received by the person concerned or on the means available to obtain any kind of compensation or aid for those events.
  • A copy of the legal ruling ending the criminal proceedings and against which no further remedy is available (judgment, judgment in absentia, decision to close the case due to death of the offender or decision to dismiss the case).

In addition, the following documents must always be attached:

  • if the victim is Spanish, a copy of the national identity document;
  • for nationals of an EU Member State, a document providing evidence of their nationality;
  • a certificate issued by the competent managing body or agency providing evidence that the person concerned was covered by a public social security scheme at the time the crime was committed. If none is available, a declaration by the person concerned will suffice: it will be verified later by the investigating body.

If the application for aid is made for temporary incapacity and the person concerned was covered by a public social security scheme, the certificate provided must also show that no right to benefit for that incapacity was granted.

  • If the application for aid for disabling injuries is made by direct victims covered by any of the schemes that make up the social security system, with the exception of the special scheme for civil and military public servants (Régimen especial de los funcionarios públicos civiles y militares), the decision on the classification of those injuries issued by the Provincial Director of the National Social Security Institute (Instituto Nacional de la Seguridad Social) should be provided; if a decision has not yet been issued, the applicant should provide a declaration that the appropriate incapacity procedure has been started.

For the granting of definitive aid in cases where death resulted, the application following the official template of the indirect victim or their representative must include the following details and documents:

  • documentary evidence of the death and of the status of beneficiary or indirect victim;
  • a description of the circumstances in which the act with features of a wilful (intentional) violent crime was committed, with an indication of the date and place of the incident;
  • evidence that the events were reported to the public authority;
  • a declaration on compensation and aid received by the person concerned or on the means available to obtain any kind of compensation or aid for those events;
  • A copy of the legal ruling ending the criminal proceedings and against which no further remedy is available (judgment, judgment in absentia, decision to close the case due to death of the offender or decision to dismiss the case).

In addition, the following documents must always be attached:

  • if the victim (the beneficiary as indirect victim) is Spanish, a copy of the national identity document;
  • for nationals of an EU Member State, a document providing evidence of their nationality;
  • a death certificate for the direct victim of the crime, as well as the following documentation according to the connection of the beneficiary with the deceased:
    • if the spouse of the deceased was not separated or legally separated: a full certificate of the registration of marriage issued by the municipal registry of births, marriages and deaths after the date of death of the victim;
    • if the applicant is the person who was cohabiting with the deceased under the terms laid down in the applicable law, they must submit a certificate of cohabitation at the same address (certificado de convivencia en domicilio común).

To demonstrate permanent cohabitation as the equivalent of spouses, it is advisable to provide a certificate issued by the relevant registry of partners in a registered relationship (Registro de parejas de hecho).

  • If the applicant is the person who was cohabiting with the deceased under the terms laid down in the applicable law, they must submit a certificate of cohabitation at the same address (certificado de convivencia en domicilio común).
  • Children of the deceased: the relevant certificates of registration of birth issued by the municipal registry of births, marriages and deaths must be provided.

In order to demonstrate their parentage, children of a spouse who was not legally separated or of a person who was cohabiting with the deceased under the terms laid down in the applicable legislation must provide the relevant certificates of the registration of birth issued by the municipal registry of births, marriages and deaths.

Similarly, they must demonstrate that their parent was married to or cohabiting with the deceased, unless those facts have already been demonstrated by their parent’s application for aid.

In addition, both the children of the deceased and those of the spouse who was not legally separated or those of the person who was cohabiting with the deceased must prove that they were depending financially on the deceased, using the following documentation:

  • a cohabitation certificate issued by the local council;
  • a declaration of the income of any kind received during the twelve months immediately prior to the date of death of the victim;
  • a copy of the income tax return for the financial year in which the death of the victim occurred, or failing this, that for the immediately preceding financial year. If those returns were not made, an exemption certification issued by the National Agency for Tax Administration (Agencia Estatal de la Administración Tributaria (AEAT)) must be provided.
  • Parents of the deceased: must demonstrate their paternity through a certificate of the registration of the birth of the son or daughter who died. In addition, in order to be certain that there are no other possible beneficiaries who might have priority in accessing the aid, they must provide a declaration on the civil status of the son or daughter on the date of the death as well as whether they are aware of any other person who might qualify as a beneficiary under the applicable law.

For the granting of definitive aid for funeral expenses, the application, using the official form, of the parents or guardians of a minor or incapacitated adult, or of their representatives, must include the following details and documents:

  • documentary evidence of the death and of the status of beneficiary or indirect victim;
  • a description of the circumstances in which the act with features of a wilful (intentional) violent crime was committed, with an indication of the date and place of the incident;
  • evidence that the events were reported to the public authority;
  • a declaration on compensation and aid received by the person concerned or on the means available to obtain any kind of compensation or aid for those events;
  • A copy of the legal ruling ending the criminal proceedings and against which no further remedy is available (judgment, judgment in absentia, decision to close the case due to death of the offender or decision to dismiss the case).

In addition, the following documents must always be attached:

  • The death certificate of the minor or adult lacking capacity.
  • In order to demonstrate their status as beneficiaries, the certificate of registration of the birth of the minor or incapacitated legal adult if the application is made by the parents, or an official record substantiating the guardianship, if the request is made by the guardian.
  • If the deceased was an incapacitated legal adult, the legal document declaring the lack of capacity or, where applicable, the certificate substantiating the degree of the lack of capacity.
  • A copy of the national identity document for the parents or guardians or, in the case of nationals of an EU Member State, a document demonstrating their nationality.
  • Documentary evidence of the expenses related to the wake, removal, burial or cremation.

For the granting of definitive aid for spending on therapeutic treatment following sexual offences, the application of the victim or their representative must be on the official form and include the following details and documents:

  • a description of the circumstances in which the act with features of a wilful (intentional) violent crime was committed, with an indication of the date and place of the incident;
  • evidence that the events were reported to the public authority;
  • a declaration on compensation and aid received by the person concerned or on the means available to obtain any kind of compensation or aid for those events;
  • A copy of the legal ruling ending the criminal proceedings and against which no further remedy is available (judgment, judgment in absentia, decision to close the case due to death of the offender or decision to dismiss the case).

In addition, the following documents must always be attached:

  • if the victim is Spanish, a copy of the national identity document;
  • for nationals of an EU Member State, a document providing evidence of their nationality;
  • a declaration by the victim on whether the therapeutic treatment has been started and, if applicable, submission of the supporting documents for the expenses paid. If the treatment has not been completed, that must be declared.

For the granting of interim aid for temporary incapacity and disabling injuries, the application of the victim or their representative must be on the official form and include the following details and documents:

  • the classification of the injuries or harm to health, performed by the competent body and according to the procedure provided for in the relevant legislation;
  • a description of the circumstances in which the act with features of a wilful (intentional) violent crime or sexual offence was committed, with an indication of the date and place of the incident;
  • evidence that the events were reported to the competent authority or that the criminal proceedings for them are being pursued of the competent authority’s own motion;
  • a declaration on compensation and aid received by the applicant, on applications that are being processed or on the means available to obtain any kind of compensation or aid for the events;
  • an application for the report from the public prosecutor indicating that there is prima facie evidence for assuming that the injuries were caused by a violent and wilful (intentional) act;
  • if the victim is Spanish, a copy of the national identity document;
  • for nationals of an EU Member State, a document providing evidence of their nationality;
  • a declaration of the incomes of any kind received by the applicant during the year immediately before the date of the application, as well as a copy of the income tax return for the last financial year or, if that return was not made, an exemption certification issued by the National Agency for Tax Administration (AEAT).

For the granting of interim aid in cases where death resulted, the application following the official template of the victim or their representative must include the following details and documents:

  • Documentary evidence of the death and of the status of beneficiary as an indirect victim. A death certificate for the direct victim of the crime must be provided, as well as the following documentation, depending on the connection of the beneficiary with the deceased:
    • if the spouse of the deceased was not separated or legally separated: a full certificate of the registration of marriage issued by the municipal registry of births, marriages and deaths after the date of death of the victim.

Specifically for this kind of aid, a declaration of the incomes of any kind received by the applicant during the year immediately before the date of the application, as well as a copy of the income tax return for the last financial year or, if that return was not made, an exemption certification issued by the National Agency for Tax Administration (AEAT).

  • If the applicant is the person who was cohabiting with the deceased under the terms laid down in the applicable law, they must submit a certificate of cohabitation at the same address.

To demonstrate permanent cohabitation as the equivalent of spouses, it is advisable to provide a certificate issued by the relevant registry of partners in a registered relationship (Registro de parejas de hecho).

Specifically for this kind of aid, a declaration of the incomes of any kind received by the applicant during the year immediately before the date of the application, as well as a copy of the income tax return for the last financial year or, if that return was not made, an exemption certification issued by the National Agency for Tax Administration (AEAT).

  • If the applicant is the person who was cohabiting with the deceased under the terms laid down in the applicable law, they must submit a certificate of cohabitation at the same address.
  • Children of the deceased: the relevant certificates of registration of birth issued by the municipal registry of births, marriages and deaths must be provided.

In order to demonstrate their parentage, children of a spouse who was not legally separated or of a person who was cohabiting with the deceased under the terms laid down in the applicable legislation must provide the relevant certificates of the registration of birth issued by the municipal registry of births, marriages and deaths. Similarly, they must demonstrate that their parent was married to or cohabiting with the deceased, unless those facts have already been demonstrated by their parent’s application for aid.

In addition, both the children of the deceased and those of the spouse who was not legally separated or those of the person who was cohabiting with the deceased must prove that they were depending financially on the deceased, using the following documentation:

  • a cohabitation certificate issued by the local council;
  • a declaration of the income of any kind received during the twelve months immediately prior to the date of death of the victim;
  • a copy of the income tax return for the financial year in which the death of the victim occurred, or failing this, that for the immediately preceding financial year. If those returns were not made, an exemption certification issued by the National Agency for Tax Administration (Agencia Estatal de la Administración Tributaria (AEAT)) must be provided;
  • a description of the circumstances in which the act with features of a wilful (intentional) violent crime or sexual offence was committed, with an indication of the date and place of the incident;
  • evidence that the events were reported to the competent authority or that the criminal proceedings for them are being pursued of the competent authority’s own motion;
  • a declaration on compensation and aid received by the applicant, on applications that are being processed or on the means available to obtain any kind of compensation or aid for the events;
  • an application for the report from the public prosecutor indicating that there is prima facie evidence for assuming that the injuries were caused by a violent and wilful (intentional) act;
  • if the victim is Spanish, a copy of the national identity document;
  • for nationals of an EU Member State, a document providing evidence of their nationality;

For the granting of interim aid in cases where death resulted, the application using the official form of the victim or their representative must include the following details and documents:

  • a description of the circumstances in which the act with features of a wilful (intentional) violent crime or sexual offence was committed, with an indication of the date and place of the incident;
  • evidence that the events were reported to the competent authority or that the criminal proceedings for them are being pursued of the competent authority’s own motion;
  • a declaration on compensation and aid received by the applicant, on applications that are being processed or on the means available to obtain any kind of compensation or aid for the events;
  • an application for the report from the public prosecutor indicating that there is prima facie evidence for assuming that the injuries were caused by a violent and wilful (intentional) act;
  • if the victim is Spanish, a copy of the national identity document;
  • for nationals of an EU Member State, a document providing evidence of their nationality;
  • the death certificate of the minor or adult lacking capacity;
  • In order to demonstrate their status as beneficiaries, the certificate of registration of the birth of the minor or incapacitated legal adult if the application is made by the parents, or an official record substantiating the guardianship, if the request is made by the guardian.
  • If the deceased was an incapacitated legal adult, the legal document declaring the lack of capacity or, where applicable, the certificate substantiating the degree of the lack of capacity.
  • a declaration of the incomes of any kind received by the parents or guardians during the year immediately before the date of the application, as well as a copy of the income tax return for the last financial year or, if that return was not made, an exemption certification issued by the National Agency for Tax Administration (AEAT);
  • documentary evidence of the expenses related to the wake, removal, burial or cremation.

For the granting of interim aid for spending on therapeutic treatment for sexual offences, the application of the victim or their representative must be on the official form and include the following details and documents:

  • a description of the circumstances in which the act with features of a wilful (intentional) violent crime or sexual offence was committed, with an indication of the date and place of the incident;
  • evidence that the events were reported to the competent authority or that the criminal proceedings for them are being pursued of the competent authority’s own motion;
  • a declaration on compensation and aid received by the applicant, on applications that are being processed or on the means available to obtain any kind of compensation or aid for the events;
  • an application for the report from the public prosecutor indicating that there is prima facie evidence for assuming that the injuries were caused by a violent and wilful (intentional) act;
  • if the victim is Spanish, a copy of the national identity document;
  • for nationals of an EU Member State, a document providing evidence of their nationality;
  • a declaration by the victim on whether the therapeutic treatment has been started and, if applicable, submission of the supporting documents for the expenses paid. If the treatment has not been completed, that must be declared;
  • a declaration of the incomes of any kind received by the person concerned during the year immediately before the date of the application, as well as a copy of the income tax return for the last financial year or, if that return was not made, an exemption certificate issued by the National Agency for Tax Administration (AEAT).

In the case of terrorism offences, the procedure for granting the different kinds of legally established aid is begun through an application on the official form by the person concerned or their representative, which must be accompanied by the following documents:

  • documents providing evidence of the status of the person affected or, where applicable, the degree of relationship with the victim;
    • the judgment against which no further remedy is available recognising the right to be compensated for the events and the harm concerned within the scope of application of Spanish legislation;
    • if a judgment has not yet been issued, but if the appropriate legal proceedings have been carried out or the criminal proceedings for prosecuting the crimes have been started, any legally admitted evidential document demonstrating the status of the victim or the beneficiary, the harm suffered and the nature of the events that caused that harm;
    • any prior administrative ruling;
    • the death certificate, if the victim died;
    • a photocopy of the family register (Libro de familia);
    • police reports or statements;
    • clinical or psychological reports;
  • if temporary accommodation is requested:
    • a police report or certificate from the police or the Guardia Civil stating that the damage alleged occurred during or as a consequence of a terrorist attack (if evidence of the cause of the damage is not on record in the Administration);
    • if the applicant is an owner: a deed, sales contract or certificate from the land register, or the latest receipt for Real Property Tax (Impuesto de Bienes Inmuebles), or a statement from the Chairperson of the Residents’ Association that the applicant is a member;
    • if the applicant is a tenant: the tenancy agreement or a receipt of payment for the last rental or a receipt for water, electricity or the telephone in the name of the tenant;
    • if the applicant is neither an owner nor a tenant: a document providing evidence of their legal standing to make or provide the repair;
    • if it concerns their usual home and the address affected does not appear in the national identity document (DNI) of the applicant: a certificate of registration or an income tax return in which the residence for tax purposes appears, or a declaration by the Chairperson of the Residents’ Association that the applicant is the usual inhabitant of the home;
  • if compensation for damage to a vehicle is requested:
    • a police report or certificate from the police or the Guardia Civil stating that the damage alleged occurred during or as a consequence of a terrorist attack (if evidence of the cause of the damage is not on record in the Administration);
    • the vehicle registration certificate, in the name of the applicant;
    • evidence that, at the time of the attack, a contracted insurance policy was in force, with an indication of the type and the risks covered;
    • i the repair has been carried out, an invoice providing evidence of the cost of repairing the damage caused by the terrorist action;
  • if study aid is requested, supporting documents detailing the credits for which the student has enrolled and their academic performance need to be attached.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

In the case of violent crimes and sexual offences, the handling and decision-making on the public aid provided for in the law is the responsibility of the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration.

In the case of terrorism offences, decision-making on the granting or refusal of legally granted aid is the responsibility of the Ministry of the Interior.

Where do I send the claim (in national cases)?

In the case of violent crimes and sexual offences, applications for aid are sent on the official form to the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration, at the following address:

Avenida del General Perón, 38 (Edificio Master's II) - 28020 Madrid.

For help with presenting and sending applications for aid, applicants can go to the relevant Crime Victim Support Offices, where they will receive information on any financial aid that may apply to them and the different procedures.

These offices are found in all the autonomous communities, in nearly all provincial capitals, and also in other cities.

You can find the locations of the Crime Victim Support Offices at the following Link opens in new windowlink.

In the case of terrorism offences, applications for aid are sent on the official form to the Ministry of the Interior’s Directorate-General for the Support of Victims of Terrorism, at the following address:

Subdirección General de Apoyo a Víctimas del Terrorismo, C/ Amador de los Ríos 8. 28010 MADRID

The National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism. This Office is located at:

C/ Goya, 14, 5ª planta, 28071 MADRID.

Contact telephone number: + 34 91 400 74 02

Do I need to be present during the procedure and/or when my claim is being decided?

In the case of violent crimes and sexual offences, once all the investigations are complete and before the draft decision on granting or refusing the aid requested is drawn up, a hearing will be granted to the applicant, in accordance with the applicable legislation, to allow them to present the relevant arguments.

If the crime was committed in Spain and the applicant for aid is habitually resident in another EU Member State, when the application for aid is made via the assisting authority of the Member State in which the applicant habitually resides, the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration, as the deciding authority, may obtain the cooperation of the relevant assisting authority to carry out the procedure for the hearing of the applicant or of any other person if it considers this necessary.

In order to carry out the hearing, the Directorate-General for ePersonnel and State Pension Costs of the Ministry of Finance and Public Administration may ask the assisting authority of the Member State in which the applicant for the aid is habitually resident to provide whatever is needed so that the body investigating the granting or refusal of the aid can conduct the hearing directly, by telephone or video-conference, if the applicant agrees to this. In addition, the assisting authority conducting the hearing must send the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration a report of the hearing carried out.

In the case of terrorism offences, the same rules as for violent crimes and sexual offences where the crime was committed in Spain and the applicant for aid is habitually resident in another EU Member State apply. If the application for aid is made via the assisting authority of the Member State in which the applicant is habitually resident, it is the Ministry of the Interior, via the Directorate-General for the Support of Victims of Terrorism, as deciding authority, that carries out the action described above with regard to the hearing.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

In the case of violent crimes and sexual offences, the time limit for claiming the aid is generally one year counting from the date when the crime occurred.

The time limits for issuing a decision to grant or refuse the aid, either finally or provisionally, are as follows:

  • for disabling injuries, worsening of injuries, or death: 6 months;
  • for temporary incapacity: 4 months;
  • for the costs of therapeutic treatment following sexual offences and for funeral costs: 2 months.

Applications may be understood to have been refused if no decision has been expressly issued when the time limit for issuing an explicit decision has passed.

In the case of terrorism offences, in general applications must be submitted within one year from when the damage occurred or from the point at which there was a diagnosis demonstrating a causal relationship between the consequence and the terrorist act. In the case of study aid, the time limit is three months from enrolment on the course.

The time limit for making and communicating the relevant decision is 12 months, except for study aid where it is 6 months, with the request being understood as approved if the time limits have passed with no explicit decision being issued.

If I’m not satisfied with the authority’s decision, how can I challenge it?

For violent crimes and sexual offences, applicants can challenge the decisions of the Ministry of Finance and Public Administration on legally established aid within a period of one month following notification. If the decision is not challenged within that period, the only option is to lodge an appeal for exceptional review with the appropriate Ministry.

The challenge can be made to the Ministry of Finance and Public Administration or to the National Commission for the Aid and Assistance of Victims of Violent Crimes (Comisión Nacional de Ayuda y Asistencia a las Víctimas de Delitos Violentos).

The National Commission is the competent body for deciding on challenges to the decisions of the Ministry of Finance and Public Administration on the aid granted by the applicable legislation.

If three months pass following the challenge with no agreement reached by the National Commission, the challenge may be considered refused, and an administrative appeal against it may be lodged.

In the case of terrorism offences, decisions issued by the Ministry of the Interior on the administrative procedures for applying for the different kinds of aid may be appealed against internally or challenged directly in the administrative justice legal system.

Where can I get the necessary forms and other information on how to claim?

For violent crimes and sexual offences, for help with presenting and sending applications for aid, applicants can go to the relevant Crime Victim Support Offices, where they will receive information on the financial aid that may apply to them and the different procedures for applying for it.

These offices are found in all the autonomous communities, in nearly all provincial capitals, and also in other cities.

You can find the locations of the Crime Victim Support Offices in the following Link opens in new windowlink.

The specific forms for the aid are available at the following Link opens in new windowlink.

In the case of terrorism offences, applications for aid are sent on the official form to the Ministry of the Interior’s Directorate-General for the Support of Victims of Terrorism, at the following address:

Subdirección General de Apoyo a Víctimas del Terrorismo, C/ Amador de los Ríos 8. 28010 MADRID

The specific forms for the aid are available at the following Link opens in new windowlink.

The National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism. This Office is located at:

C/ Goya, 14, 5ª planta, 28071 MADRID.

Contact telephone number: + 34 91 400 74 02

Is there a special helpline or website I can use?

In the case of violent crimes and sexual offences, the forms or templates for the different kinds of aid are available at the following Link opens in new windowlink.

You can check the location of the Crime Victim Support Offices, which will provide information about the financial aid that may apply to you and the different procedures that must be gone through to apply for it, at the following Link opens in new windowlink.

In the case of terrorism offences, you can check the Link opens in new windowwebsite of the Ministry of the Interior for information on the aid available.

Link opens in new windowThe National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism.

Can I get legal aid (help from a lawyer) when preparing the claim?

In the case of violent crimes and sexual offences, victims can request free legal aid in accordance with the requirements and procedure laid down in the applicable legislation.

In particular, under Spanish legislation, victims of gender-based violence are entitled to receive free legal advice immediately before filing the complaint, and to free defence and representation by a lawyer and representative in all proceedings and administrative procedures resulting directly or indirectly from the violence suffered.

In these situations, a single legal team should undertake the defence of the victim, provided that this duly guarantees the victim’s right of defence. This right will also apply to successors in the event of the victim’s death, provided that they were not involved in the acts.

In the case of terrorism offences, victims of terrorism recognised by Spanish legislation are entitled to legal aid in all judicial proceedings and administrative procedures arising from the terrorist act that has resulted in their status as a victim, regardless of their financial resources, under the terms of the free legal aid legislation in force in Spain.

In any event, immediate free legal aid is guaranteed for all victims of terrorism who apply for it. The right to legal aid will be lost if the status of victim is subsequently not granted or if an acquittal against which no further remedy is available is issued, or if no further action is taken on the case, with no obligation to repay the cost of any benefits enjoyed free of charge up to that point.

Are there any victim support organisations that can help me claim compensation?

For violent crimes and sexual offences, for help with presenting and sending applications for aid, applicants can go to the relevant Crime Victim Support Offices, where they will receive information on the financial aid that may apply to them and the different procedures for applying for it.

These offices are found in all the autonomous communities, in nearly all provincial capitals, and also in other cities.

You can find the locations of the Crime Victim Support Offices at the following Link opens in new windowlink.

The National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism. This Office is located at:

C/ Goya, 14, 5ª planta, 28071 MADRID.

Contact telephone number: + 34 91 400 74 02

Last update: 28/09/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - France

Which type of crime can I get compensation for?

Claimants must prove that the injury suffered is the result of an intentional or unintentional act that may constitute an offence against property or persons. Intentional acts and reckless or negligent behaviour may therefore result in an entitlement to compensation, whether the offender has been identified or not.

In the case of an offence against property, the act must be classified as theft, fraud, breach of trust, extortion, or destruction of or damage to property.

Furthermore, specific compensation schemes exist with respect to Link opens in new windowdamage resulting from acts of terrorism, Link opens in new windowtraffic accidents occurring in the territory of France, hunting accidents, exposure to asbestos and the destruction of a vehicle by fire.

Which type of injury can I get compensation for?

You will receive full compensation for damage resulting from a serious offence against the person if:

  • you have been the victim of an offence that resulted in permanent or total incapacity for work equal to or greater than one month, of rape, sexual assault, sexual assault of a minor, human trafficking, enslavement or forced labour;
  • or a close family member has died as a result of these offences.

You can receive compensation subject to certain conditions and limited by a ceiling if you have been the victim of a more minor offence against the person or an offence against property:

  • physical injury that resulted in total incapacity for work of less than one month;
  • material damage resulting from acts classified as theft, fraud, breach of trust, extortion, or destruction of or damage to property.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, you can be compensated if you are a close family member of a victim and you have suffered a personal injury due to the offence.

Compensation can be awarded to relatives in the ascending line (parents, grandparents), to descendants (children, grandchildren), to a spouse, and also to collateral relatives (brothers, sisters) or any person that can prove a personal relationship with the victim.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Yes, you can be compensated if you are a close family member of a victim and you have suffered a personal injury due to the offence.

Compensation can be awarded to relatives in the ascending line (parents, grandparents), to descendants (children, grandchildren), to a spouse, and also to collateral relatives (brothers, sisters) or any person that can prove a personal relationship with the victim.

Can I get compensation if I’m not a national of an EU country?

Yes, you can be compensated if you are not a national of an EU country, provided that the offence took place in the territory of France.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

Yes, you can be compensated under the usual conditions if you are a French national but the offence was committed abroad.

On the other hand, you cannot be compensated by a French compensation body if you are a foreign national and the offence took place abroad.

Do I have to have reported the crime to the police first, to be able to claim compensation?

No, there is no requirement to have first filed a complaint with the police in order to file a compensation claim.

However, the application must contain the information required in order to evaluate the claim. It must be accompanied by supporting documents stating in particular the date, place and circumstances of the offence (a receipt acknowledging that a complaint has been filed, any documents from criminal proceedings, etc.).

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, you do not have to await the outcome of police investigations or criminal proceedings in order to file your claim.

Do I have to first seek compensation from the offender — if they have been identified?

No, you are not required to first claim compensation from an identified offender in the case of a serious offence against the person (see 1.2).

In the case of a more minor offence against the person or an offence against property (see 1.2), it is necessary to prove that an identified offender is insolvent or cannot make full restitution for the damage. It will be necessary to prove more fully that you are unable to obtain effective and sufficient compensation for your damage from an insurance company or any other body that might be liable.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You can be compensated even if the offender has not been identified or convicted, once an offence has been committed.

However, the request must contain the information required in order to evaluate the claim. It must be accompanied by supporting documents indicating in particular the date, place and circumstances of the offence (a receipt acknowledging that a complaint has been filed, any documents from criminal proceedings, etc.).

Is there a time limit within which I have to claim compensation?

You have a time limit of three years from the date of the offence. It is extended to one year from the date of the last criminal judgment.

If the offender is ordered to pay damages, the time limit begins when the victim is given notice by the criminal court. If the offender is ordered to pay damages, the time limit begins when notice is given by the court.

Once the time limit has passed, a legitimate reason provided by the victim or those entitled may be taken into consideration.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment — ambulant and hospital treatment, recovery)
    A direct victim of physical injury can be compensated for all hospital, medical, paramedical and pharmaceutical costs (nurses, physiotherapy, orthoptics, speech therapy, etc.), since the majority of these expenses are usually covered by the social welfare bodies.
    Account can also be taken of future medically foreseeable health care expenses made necessary by the victim’s medical condition after it has stabilised.
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.)
    Housing and vehicle adaptation costs and expenses relating to permanent assistance from a third person may be compensated.
    Miscellaneous costs relating to the consequences of physical injury may also be covered: costs of childcare, housekeeping, transport, etc.
  • permanent injury (e.g. invalidity and other permanent handicaps)
    Permanent functional impairment can be compensated for the consequences of injury that remain after the condition has stabilised: impairment of physiological functions, permanent pain, loss of quality of life, loss of autonomy, etc. When it is identified, it can be graded on a scale of functional impairment.
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.)
      Compensation can be awarded for the ascertained loss of occupational earnings, the loss of future occupational earnings, and the impact on the person's career: diminished employment prospects, loss of occupational opportunity, increased arduousness of work, need to change jobs, etc. An adverse impact on school or university studies or training can also be assessed.
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident having caused the damage, such as legal fees, and court costs
    • compensation for stolen or damaged personal property
    • other

Loss of occupational opportunity can be compensated in the context of career impact (see previous point).

Expenses incurred in the proceedings relating to the offence are not covered by the compensation itself. For people with limited means, however, legal aid may be granted, so that the legal fees and court costs incurred during the trial are paid in part or in full by the state. For the most serious crimes legal aid is granted without means testing (see the list in Link opens in new windowArticle 9-2 of Law No° 91-647 of 10 July 1991 on legal aid (Loi n° 91-647 du 10 juillet 1991 relative à l’aide juridique)).

In principle, material damage is not compensated in the case of offences against the person. In the case of the offences referred to above (see 1.2), compensation for material damage is limited to EUR 4 575 (ceiling applying from 16 January 2018) under certain conditions.

- Psychological (moral) damage:

  • pain and suffering of the victim

The suffering experienced includes all physical and psychological suffering and the associated problems from the date of the offence to that of stabilisation of the condition. After the condition has stabilised, suffering that persists is treated as permanent functional impairment for the purpose of compensation.

Loss of opportunity in personal terms can be taken into account under the heading of loss of personal life prospects (perte d’établissement), which concerns the loss of the hope or opportunity of realising a plan for family life.

Disfigurement takes into account the personal consequences of an alteration of physical appearance.

Loss of enjoyment (préjudice d’agrément), intended to compensate the victim’s inability to resume a sporting or leisure activity, can also be assessed.

b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs

Funeral and burial costs are covered.

  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)

The majority of medical expenses, including for close family members, are usually covered by the social welfare bodies. The pathological impact will otherwise be dealt with under the heading of emotional distress to close family members (see above).

  • loss of maintenance or of opportunity

Compensation can be awarded for loss of or reduction in income affecting the close family members of the victim, due to the death or disability of the latter, in particular when they are required to be with the victim at all times and temporarily to give up their jobs.

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

Compensation for emotional distress (préjudice d’affection) can be awarded for the moral damage suffered by close family members following the death of the victim or in view of the suffering of a direct victim who is severely disabled.

Is the compensation paid out in a single payment or monthly instalments?

The amount can be paid in one instalment or in the form of an annuity. Provisional payments can also be made during the proceedings prior to the final compensation.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Fault on the part of the victim may be a ground for excluding or reducing any compensation, for example where insults are uttered or there is participation in a brawl or in criminal activity. The fault can be relied upon against the dependants of a deceased victim.

However, the fact that the victim has a criminal record is irrelevant.

In the compensation proceedings, your claim must contain the information required in order to evaluate it, and the necessary supporting documents must be supplied. Bear in mind that further documents may be called for subsequently, and that it may be necessary to cooperate in the preparation of reports by independent experts.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

  • Serious offences against the person (see 1.2)

Your financial situation is not taken into account and you may receive full compensation for injuries that result from offences against your person.

However, benefits paid by social welfare bodies, mutual health insurance societies and insurance companies will be taken into account.

  • More minor offences or offences against property (see 1.2)

Your financial situation will be considered, on the basis of three criteria: you must:

  • have an annual income of less than EUR 18 300 (figure for 2017), with additional sums allowed for dependants (descendants, relatives in the ascending line);
  • be unable to obtain effective and sufficient compensation for your damage from an insurance company or any other body that might be liable;
  • prove that you are in a serious material or psychological situation as a result of the offence.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

No.

How will the compensation be calculated?

For serious offences against the person, the principle is that there should be full compensation. Compensation will be calculated taking into account each of the heads of claim.

The calculation is made on a case-by-case basis based on the personal situation of the particular victim and the supporting documents produced; for certain heads of claim indicative scales are used.

The calculation of the compensation for permanent functional impairment may, for example, use an indicative scale based on the impairment determined by the doctor and the age of the victim.

Is there a minimum/maximum amount that can be awarded?

There is no minimum.

There is no maximum for serious offences against the person (see 1.2).

Regarding more minor crimes or crimes against property (see 1.2), the compensation is subject to a ceiling set at EUR 4 575 (ceiling applying from 16 January 2018).

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes, the compensation claim form includes the amount claimed. However, this is the total amount. A lawyer or a victim support association can be helpful in assisting you to determine it.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Benefits paid by social welfare bodies, mutual health insurance societies, insurance companies, etc. will be taken into account.

Can I get an advance on the compensation? If so under what conditions?

Yes, you may request an advance on compensation (a provision) at any time in the proceedings.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health, etc.) after the main decision?

Yes, you may submit another compensation claim if your damage worsens or for any other legitimate reason that you can substantiate.

What supporting documents do I need to include with my claim?

The claimant’s application, to be sent to the registry of the Crime Victims Compensation Board (Commission d’indemnisation des victimes d’infractions — CIVI) at the relevant regional court (tribunal de grande instance), must contain the information required in order to evaluate the claim. It must be accompanied by supporting documents stating in particular:

  • the surname, first names, date and place of birth, profession, nationality and address of the claimant (enclose a copy of national identity card, residence permit, passport, etc.);
  • the family relationship with the victim (enclose a copy of the family record book (livret de famille), a document certified by a notary, etc.);
  • the date, place and circumstances of the offence (enclose a receipt acknowledging that a complaint has been filed, any documents from criminal proceedings, etc.);
  • the court that has tried the offender, if any (enclose a copy of the judgment);
  • the nature of the injuries, the duration of any absence from work and any consequences (enclose medical certificates, absences from work, medical examination);
  • the public or private social welfare bodies to which the claimant is affiliated and which are likely to be involved (enclose a copy of the social security card);
  • out-of-court requests presented and legal actions already initiated, and sums already paid to the claimant (enclose supporting documents relating to daily allowances, pensions, annuities and payments from the offender, the insurer, etc.);
  • the amount of compensation claimed from the CIVI;
  • a bank account identification document for the claimant;
  • other supporting documents relating to the particular kind of claim.

If the claim is for compensation for more minor offences against the person or for material damage resulting from theft, fraud, breach of trust, or destruction of or damage to property, the application must also contain:

  • a statement of the claimant’s income (enclose the tax assessment notice (avis d’imposition) for the year preceding the offence and for the year preceding that of submission of the application);
  • evidence of inability to obtain effective and otherwise sufficient compensation;
  • a description of the serious material or psychological situation resulting from the offence.

Are there administrative or other charges to be paid when the claim is received and processed?

There are no costs. Assistance or representation by a lawyer is not mandatory. Lawyers’ fees are your responsibility, unless you receive legal aid automatically or subject to certain conditions. Costs incurred during the proceedings brought before the CIVI are treated as court costs and are borne by the state.

Which authority decides on compensation claims (in national cases)?

The CIVIs are responsible for deciding on compensation for victims. The compensation determined by the CIVI is actually paid by the Guarantee Fund for Victims of Terrorism and Other Offences (Fonds de garantie des actes de terrorisme et d’autres infractions — FGTI).

Link opens in new windowIn respect of terrorism, the FGTI directly compensates victims who apply, under the supervision of the regional court, to which any disputes can be referred.

Where do I send the claim (in national cases)?

At each regional court, a CIVI decides on compensation claims filed by victims of crimes or their dependants.

The competent CIVI is that of the place where you live or of the location of the criminal court hearing the case, if any (Link opens in new windowDirectory). Otherwise, the CIVI at the Paris Regional Court has jurisdiction if you are a French national residing abroad and the offence took place abroad:

Tribunal de Grande Instance de Paris
4 Boulevard du Palais
75055 PARIS CEDEX 01 — France

Link opens in new windowIn respect of terrorism, applications are to be sent directly to the FGTI:

64, Rue Defrance
94682 Vincennes Cedex — France

Do I need to be present during the procedure and/or when my claim is being decided?

You are not required to be present during proceedings or at the hearing.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The application is forwarded by the registry of the CIVI to the FGTI without delay.

The FGTI must submit an offer to the victim within two months of receipt of the complete file forwarded by the registry of the CIVI.

If the victim accepts the offer, a record of agreement is forwarded to the Chair of the CIVI for approval. Once approved, the agreement can be enforced. The decision is notified to the victim and the FGTI, which will make payment.

If the FGTI refuses, giving reasons, or if the victim refuses the offer, or if the victim does not reply to the FGTI’s offer within two months, the CIVI considers the case, in accordance with a judicial procedure: in that event, a judge hears the application and verifies the statements and documents provided.

The public prosecutor and the FGTI present their observations no later than 15 days before the hearing. The claimant and the FGTI must be summoned at least two months in advance.

Following proceedings in a closed hearing, the decision of the CIVI to award or refuse compensation is notified to the claimant and to the FGTI, which pays any compensation awarded within the month following that notification.

Link opens in new windowIn respect of terrorism, a sum is paid as an advance by the FGTI within the month following receipt of the complete file, if it is eligible. The FGTI submits an offer of compensation to the victim (when their condition has stabilised) or to the close family members of deceased victims within three months.

If I’m not satisfied with the authority’s decision, how can I challenge it?

If you are not satisfied with the decision of the CIVI, you may request re-examination by the court of appeal (Cour d’appel) within whose jurisdiction the CIVI falls.

Where can I get the necessary forms and other information on how to claim?

The information and forms are available on the following websites:

Link opens in new windowVictim support associations can help you through the process and provide the necessary information.

Is there a special helpline or website I can use?

The 116006 telephone service offers free psychological support, information about your rights and general support through the process, seven days a week, from 09:00 to 21:00, for the cost of a local call, on:

01 41 83 42 08

within France, or

+33 1 41 83 42 08 from abroad

Email: Link opens in new window08victimes@france-victimes.fr

The following websites are available:

Can I get legal aid (help from a lawyer) when preparing the claim?

For people with limited means legal aid may be granted, so that the legal fees and court costs incurred during the trial are paid in part or in full by the state. For the most serious crimes legal aid is granted without means testing (see the list in Link opens in new windowArticle 9-2 of Law No 91-647 of 10 July 1991 on legal aid (loi no 91-647 du 10 juillet 1991 relative à l'aide juridique)).

Certain bodies for access to legal services, such as law centres (maisons de la justice et du droit) or legal information desks (points d’accès au droit), provide free consultations on legal matters and can help you, irrespective of your nationality, in completing any formalities with a view to the exercise of you rights and assist you in non-judicial procedures.

The same applies to Link opens in new windowvictim support associations, which among other things provide free legal support.

Are there any victim support organisations that can help me claim compensation?

Link opens in new windowVictim support associations who can be contacted in the Link opens in new windowvictim support offices at the courts or at their own premises can provide you with free assistance in the preparation of your compensation claim.

Last update: 01/10/2019

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If my claim is to be considered in this country - Croatia

Which type of crime can I get compensation for?

You can apply for compensation if you are the victim of a violent intentional crime committed on Croatian territory which resulted in serious bodily injury or serious damage to health or death.

A crime of violence is:

  1. Any crime committed with intent and by force or by violating the sexual integrity of another person
  2. Any crime which endangers life and property due to an action generally perceived as dangerous or using an instrument which caused the death, serious bodily injury or serious damage to health of one or more persons, and which has been provided by the Criminal Code as a grave form of fundamental intentional crime.

Which type of injury can I get compensation for?

  • There is no compensation for injuries in general. In order to be qualify for compensation, a violent crime must result in serious bodily injury or serious damage to health or death.
  • Immediate victims are entitled to compensation for loss of earnings up to HRK 35 000 if a violent crime resulting in serious bodily injury or serious damage to health has been committed, and if – given all the other terms and conditions in the Act are met – it can be proven that this resulted in a loss of earnings.
  • Immediate victims are entitled to reimbursement of medical expenses if a violent crime resulting in serious bodily injury or serious damage to health has been committed, and if – given all the other terms and conditions in the Act are met – it can be proven that this resulted in medical expenses which the victim had to pay themselves. These medical expenses can be claimed up to the health care threshold laid down in the regulations on compulsory health care insurance in the Republic of Croatia, provided that these expenses are recognised only if the immediate victim is not entitled to reimbursement of expenses on the basis of health insurance.
  • Indirect victims are entitled to compensation due to loss of statutory maintenance if the immediate victim died from the consequences of the violent crime and if – given all the other terms and conditions in the Act are met – it can be proven that the indirect victim has lost this statutory maintenance. If the indirect victim is entitled to benefits from the compulsory pension insurance scheme, then they are not entitled to compensation due to loss of statutory maintenance. Compensation due to loss of statutory maintenance can be recognised for up to HRK 70 000 in total for all indirect victims.
  • Persons who paid for the funeral expenses of a person who died as the immediate victim of a violent intentional crime are entitled to reimbursement of funeral expenses, and if – given all the other terms and conditions in the Act are met – it can be proven that they covered the funeral expenses. Funeral expenses can be recognised up to HRK 5 000.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

  • YES, relatives or dependants of deceased crime victims can get compensation due to loss of statutory maintenance and reimbursement of standard funeral costs.
  • The law calls these relatives or family members "indirect victims". Relatives or family members (i.e. Indirect victims by law) are: spouses, partners, children, parents, adoptees, adopters, stepmothers, stepfathers, stepchildren and same-sex partners with whom the immediate victim was living with; grandparents and grandchildren only if they are immediate victims themselves, when they were permanently living together and the grandparents replaced the parents of the immediate victim.
  • The existence of non-marital and same-sex partnerships is assessed under the law of the Republic of Croatia.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

  • NO, relatives or dependant family members cannot get compensation if the victim survived the attack.

Can I get compensation if I’m not a national of an EU country?

  • Compensation is only eligible for victims who are Croatian nationals or who reside in the Republic of Croatia, i.e. if they are citizens of an EU member state or have a permanent residence in its territory.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

  • NO, the victim cannot claim compensation from the Republic of Croatia if the crime was committed in the territory of another state. The Republic of Croatia only pays compensation provided that the conditions and requirements laid down in the Act are met, and only if the violent crime was committed in its territory (in that regard, the Republic of Croatia does not pay compensation for crimes committed in another country).

Do I have to have reported the crime to the police first, to be able to claim compensation?

  • YES, in order to be able to claim compensation, the crime has to be reported or registered with the police or the public prosecutor’s office as a crime.
  • A police certificate that the incident was registered or reported as a crime must be submitted with the compensation claim.
  • On the victim’s request, the police is obliged to issue a certificate confirming that the incident in question was reported or registered as a crime.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

  • NO, you do not have to await the outcome of any police investigations or criminal proceedings.
  • The right to claim can be exercised irrespective of the fact whether the offender is known and whether criminal proceedings have been initiated.

Do I have to first seek compensation from the offender – if they have been identified?

  • NO, you do not have to first seek compensation from the offender.
  • Submitting a claim under the Crime Victim Compensation Act (Zakon o novčanoj naknadi žrtvama kaznenih djela, hereinafter: Act) does not exclude the victim’s right to exercise the right to receive compensation from the offender;
  • Where the victim has submitted a claim pursuant to the Act, and has exercised the right to receive compensation directly from the offender, this compensation is included in the compensation claimed by the victim pursuant to the Act;
  • If the compensation received from the offender satisfies the claim completely, the claim submitted pursuant to the Act is rejected. If the proceedings regarding this claim have already been concluded, but the payment has not yet been made, a decision will be reached for the compensation not to be paid;
  • If the state has already made payment to the victim pursuant to the Act, and the victim receives full or partial compensation from the offender, then the state has the right of recourse against the victim, for the amount of principal received directly from the offender, but up to a maximum of the amount it paid to the victim.
  • Upon receiving payment of compensation from the state pursuant to the Act, the victim is no longer entitled to claim this compensation from the offender, since now the state has the right of recourse against the offender.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

  • YES, the applicant has to attach all the generally required documents to support their claim for compensation, which are listed in the official claim form which is submitted irrespective of the fact whether the offender has been identified or convicted or the criminal proceedings initiated.
  • In general, the claim is supported by: a police certificate that the incident has been registered or reported as a crime, proof of nationality, certificate of residence, death certificate of the victim, certified statement of the applicant that the right to receive compensation pursuant to the Crime Victim Compensation Act has not been exercised on a different legal basis, victim’s medical documents on the basis of which compensation is claimed (hospital application form, medical findings and reports, hospital discharge report, sick leave report, health-related receipts), receipts for the standard funeral expenses, other relevant certificates or documents that might be significant when deciding on the compensation.

Is there a time limit within which I have to claim compensation?

  • YES, the claim must be submitted at the latest within six months from the day when the crime stated in the application was committed.
  • If the victim was unable to submit the claim in said period of time on justified grounds, the claim must be submitted at the latest within 3 months of the date when the justified grounds ceased, and at the latest within 3 years from the day the crime was committed. (The victim must state and demonstrate the justified grounds)
  • If the victim is a minor or a person deprived of legal capacity and their legal representative did not submit a claim within 6 months of the date the crime was committed, the 6-month deadline begins from the day the person reaches the age of 18 or from the day when, after the victim has become an adult, the criminal proceedings were initiated, or from the day the person’s legal capacity was restored.

Which losses and expenses are covered by the compensation?

(a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment — ambulant and hospital treatment, recovery)
    • The immediate victim has the right to compensation of healthcare costs amounting to the health care threshold laid down in the regulations on compulsory health care insurance in the Republic of Croatia. These expenses are recognised only if the immediate victim is not entitled to reimbursement of expenses on the basis of health insurance.
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, .adaptation of housing, special aids, etc.)
    • See response to first item (right to compensation of healthcare costs amounting to the health care threshold laid down in the regulations on compulsory health care insurance in the Republic of Croatia.).
  • permanent injury (e.g. invalidity and other permanent disabilities)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.).
  • Immediate victims are entitled to a compensation for lost earnings, which is granted as a single payment amounting to a maximum of HRK 35 000.
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs)
    • compensation for stolen or damaged personal property
    • Other.

- Psychological (moral) damage:

  • NO
    • pain and suffering of the victim
  • NO

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs
Standard funeral costs amounting to a maximum of HRK 5 000.
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
  • loss of maintenance or of opportunity

Indirect victims maintained by the immediate victim who died as a result of the consequences of the violent crime have the right to compensation due to loss of legal maintenance. This compensation is granted as a single payment on the basis of actuarial calculations starting from the lowest family pension under the Pension Insurance Act (Zakon o mirovinskom osiguranju) calculated according to a 5-year occupational record and the expected period of maintenance of the indirect victim. The compensation is granted only if the indirect victim is not entitled to benefits from the statutory pension insurance. The compensation may be granted up to a maximum of HRK 70 000 for all indirect victims.

- Psychological damage:

  • NO
    • pain and suffering of relatives or entitled people/compensation to survivors if the victim died
  • NO

Is the compensation paid out in a single payment or monthly instalments?

  • The compensation is made in a single payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

  • When deciding on the right to compensation, the actions of the immediate victim before, at the moment of, and after the crime was committed are taken into account; the role of the immediate victim as regards the occurrence and extent of the damage; whether the immediate victim and within what period of time reported the crime to the competent authorities, unless prevented to do so due to justified grounds; cooperation of the immediate victim with the police and competent authorities so as to bring the offender to justice; the immediate victim who contributed to the damage occurring or who increased the extent of the damage is entitled only to a proportionally reduced compensation.
  • The compensation claim shall be rejected where it is found that the victim is involved in organised crime, or associates with a criminal organisation;
  • The compensation may be rejected or decreased where granting full compensation would oppose the principle of fairness, moral or law and order;
  • The immediate victim’s behaviour will be taken into account when deciding on the indirect victim’s right to compensation.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

  • NO
  • The financial, i.e. existential, circumstances of the applicant do not, in principle, affect the decision on the application, however, when deciding on the compensation for loss of legal maintenance financial circumstances might affect the chances of receiving compensation.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

  • YES
  • When deciding on the right to compensation, the actions of the immediate victim before, at the moment of, and after the crime was committed are taken into account; the role of the immediate victim as regards the occurrence and extent of the damage; whether the immediate victim and within what period of time reported the crime to the competent authorities, unless prevented to do so due to justified grounds; cooperation of the immediate victim with the police and competent authorities so as to bring the offender to justice; the immediate victim who contributed to the damage occurring or who increased the extent of the damage is entitled only to a proportionally reduced compensation.
  • The compensation claim shall be rejected where it is found that the victim is involved in organised crime, or associates with a criminal organisation;
  • The compensation may be rejected or decreased where granting full compensation would oppose the principle of fairness, moral or law and order.
  • The immediate victim’s behaviour will be taken into account when deciding on the indirect victim’s right to compensation.

How will the compensation be calculated?

  • Financial compensation is calculated by taking into account the circumstances of each individual case, the applicant must prove the fulfilment of legal requirements and that specific expenses or losses, i.e. damages, have been incurred.

Is there a minimum/maximum amount that can be awarded?

  • The law does not provide for a minimum amount that can be awarded (but the law does limit the maximum amount that can be awarded).

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

  • YES, applicants are expected to quote the amount they are claiming.
  • Instructions on how to calculate the amount are not given (the applicant must demonstrate the expenses or losses claimed).

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

  • In some cases YES, in others NO, depending on the source of the received compensation.
  • Compensation received on the basis of health, pension or other insurance and other sources is calculated into the appropriate compensation basis, so that the compensation awarded to the victim consists of the difference between the total compensation the victim is entitled to pursuant to the Crime Victim Compensation Act (hereinafter Act) and what the victim receives on one or more grounds.
  • Voluntary insurance paid for by the immediate or indirect victim is not included in the compensation amount.
  • Once the victim receives compensation directly from the offender, it will be included in the compensation claimed from the Republic of Croatia; Where the compensation received from the offender completely satisfies the claim, the claim will be rejected; Where the compensation received from the offender completely satisfies the claim, if the proceedings have been concluded, but the payment has not yet been made, a decision will be reached for the compensation not to be paid to the victim.
  • When the Republic of Croatia has paid the compensation pursuant to the Act, and the victim has exercised the right to receive compensation from the offender, the Republic of Croatia has the right of recourse against the victim, by the amount of principal received directly from the offender, but up to a maximum of the amount the state paid to the victim.

Can I get an advance on the compensation? If so under what conditions?

  • NO

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

  • The Crime Victim Compensation Act does not provide for complementary or additional compensation.

What supporting documents do I need to include with my claim?

  • The supporting documents to be included with the claim are listed in the official form. The claim is supported by: proof of nationality, certificate of residence, death certificate of the victim, police certificate that the incident has been registered or reported as a crime, certified statement of the applicant that the right to receive compensation pursuant to the Crime Victim Compensation Act has not been exercised on a different legal basis, victim’s medical documents on the basis of which compensation is claimed (hospital application form, medical findings and reports, hospital discharge report, sick leave report, health-related receipts), receipts for the standard funeral expenses, other relevant certificates or documents that might be significant when deciding on the compensation.
  • The aforementioned documents are submitted in the original or by way of certified copy.

Are there administrative or other charges to be paid when the claim is received and processed?

  • There are no administrative or other charges to be paid in the claim process under the Crime Victim Compensation Act.

Which authority decides on compensation claims (in national cases)?

  • The authority competent to decide on compensation claims by crime victims pursuant to the Crime Victim Compensation Act, where compensation is paid from the national budget is the “Committee for the Compensation of Crime Victims” (Odbor za novčanu naknadu žrtvama kaznenih djela).
  • If the victim seeks compensation from the offender, the complaint seeking to join a civil action to proceedings, i.e. compensation from the offender, the victim can do so in criminal proceedings before the criminal court with jurisdiction.
  • However, the victim may also choose to bring an action to seek compensation from the offender in a lawsuit before the competent court.

Where do I send the claim (in national cases)?

  • The claim for compensation of crime victims pursuant to the Crime Victim Compensation Act is submitted to the Committee for the Compensation of Crime Victims, i.e. the ministry responsible for justice.

Republic of Croatia
Ministry of Justice (Ministarstvo pravosuđa)
Ulica Grada Vukovara 49
10000 ZAGREB

  • If compensation from the offender is sought through legal action in the course of criminal proceedings, then the complaint seeking to join a civil action to proceedings for damages, is submitted to the competent court before which the criminal proceedings against the offender are pending.
  • The victim may also choose to bring an action to seek compensation from the offender in a lawsuit before the competent court.

Do I need to be present during the procedure and/or when my claim is being decided?

  • As a rule, in the claim procedure for crime victims the answer is NO, however, depending on the case, the competent authority, i.e. the “Committee”, may by way of derogation require, if it needs to in order to reach a decision, the parties, witnesses or court appointed experts to give evidence before the court.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

  • The competent authority will reach a decision on a claim within 60 days if the claim is complete and in order (if all the required documents were obtained and submitted, all information and evidence necessary to reach a decision). However, if the claim is incomplete, the time necessary to reach a decision may be longer.

If I'm not satisfied with the authority’s decision, how can I challenge it?

  • No appeal can be lodged against the decision, however, the applicant may lodge an administrative appeal by submitting an administrative complaint to the competent administrative court within 30 days of the decision being served.

Where can I get the necessary forms and other information on how to claim?

  • The form and information are available at any police station, public prosecutor’s offices, municipal and county courts and in electronic form on the official site of the Ministry of Justice (Ministarstvo pravosuđa), Ministry of the Interior (Ministarstvo unutarnjih poslova), State’s Attorney Office of the Republic of Croatia (Državno odvjetništvo RH) and municipal and county courts.
  • Information can be obtained by calling the hotline of the National Call Centre for Victims of Crimes and Misdemeanours (Nacionalni pozivni centar za žrtve kaznenih djela i prekršaja) 116-006.
  • The police, public prosecutor’s offices and courts must provide information on the right to compensation and the body to which the party may apply to exercise these rights to all persons who, under the Crime Victim Compensation Act, have the right to seek compensation from the Republic of Croatia.
  • The police, public prosecutor’s offices and the ministry responsible for justice must issue the necessary forms to submit a claim to all persons who under the Act have the right to compensation, and upon request must provide general instructions and information on how to complete the claim and which supporting documents are to be included in the claim.
  • The Ministry of Justice has issued a leaflet available in Croatian and English which contains all the information on the right to compensation, the requirements and how to exercise this right. The fliers and claims forms have been published in Croatian and English on the websites of the Ministry of Justice and the Ministry of the Interior.

Is there a special helpline or website I can use?

Can I get legal aid (help from a lawyer) when preparing the claim?

  • If the claim is incomplete, incomprehensible or illegible it will not be rejected on these grounds, but the applicant will be informed on how to improve it. In that sense, this can be considered as aid/assistance to the applicant.
  • The applicant may hire an authorised person or a lawyer when preparing the claim or for representation in the proceedings (at their own cost).
  • Information and aid for completing the Victim Compensation Claim Form is available in every police station, public prosecutor’s offices, municipal and county courts or by calling the free helpline of the National Call Centre for Victims of Crimes and Misdemeanours 116-006.

Are there any victim support organisations that can help me claim compensation?

  • YES

Link opens in new windowhttps://pravosudje.gov.hr/o-ministarstvu/djelokrug-6366/iz-pravosudnog-sustava-6372/podrska-zrtvama-i-svjedocima/6156

What is the role of the assisting authority?

  • The assisting authority is the Ministry of Justice of the Republic of Croatia and the applicant may submit a claim to this authority in such events
  • (called cross-border cases (prekogranični slučajevi) under Croatian law)
  • This assisting authority will, as quickly as possible, submit the claim and its attachments to the competent authority of the country in which the applicant seeks compensation, in the official language of the country or in another language deemed acceptable by the country in question.
  • The aforementioned claim will be submitted using the form prescribed by the European Commission.
  • If the authority responsible for deciding on the claim in the country in question requests that the applicant, witnesses, court-appointed experts or other persons be heard in the Republic of Croatia, this is done by the Committee for the Compensation of Crime Victims, which then submits a report on the hearing to the other country’s authority responsible for reaching a decision on the claim.
  • If the other country’s authority which is responsible for reaching a decision on the claim requests that the hearing take place using technical aids, the hearing will take place in cooperation with the Ministry of Justice of the Republic of Croatia on condition that the person to be heard agrees to this procedure.

Will this authority translate the supporting documents, if the outgoing claim needs this? If so, who pays for this?

The Ministry of Justice of the Republic of Croatia, as the assisting authority, shall translate the claim into the language of the country from which compensation is claimed, or into another language designated as the language of communication by the country in question.

Are there administrative or other charges to be paid when the claim is sent abroad?

  • There are no administrative or other charges to be paid when sending the claim abroad.

Which authority decides on a claim for compensation in cross-border cases?

Link opens in new windowhttps://pravosudje.gov.hr/o-ministarstvu/djelokrug-6366/iz-pravosudnog-sustava-6372/podrska-zrtvama-i-svjedocima/6156

Can I send my claim directly to the deciding authority in this country even in cross-border cases (without having to go via the assisting authority in my home country)?

  • Yes, by submitting the claim to the Ministry of Justice of the Republic of Croatia directly or by registered mail.

In which language(s) do the compensation authorities(s) accept the:

  • Claim?
  • Supporting documents?
  • The claim and the supporting documents must be in Croatian. If the claim and supporting documents are in a foreign language, then they must be submitted together with their certified translation issued by a licensed court translator.

If the compensation authority translates the claim/supporting documents from another EU country, who pays for this?

  • The deciding authority does not translate the claim or the supporting documents and does not the translation costs.

Are there administrative or other charges to be paid in this country for processing my claim (received from another EU country)? If so, how can I pay these?

No administrative or other charges are to be paid in the proceedings regarding this claim.

If I need to be present during the procedure and/or when my claim is being decided upon, can I be reimbursed for my travelling costs? How can I claim them? Who do I have to contact?

  • If the Committee for the Compensation of Crime Victims decides to summon the applicant to a hearing or to participate in the proceedings in person, the applicant’s travelling costs will be reimbursed.
  • As a rule, throughout the proceedings and while reaching a decision the applicant’s presence is not required, and if the applicant, witnesses, court-appointed experts or other persons must be heard, the Committee for the Compensation of Crime Victims as the deciding authority can request the competent authority of the other EU member state, in which the compensation claim was submitted, to carry out these actions.
  • Furthermore, the hearing required by such a procedure can be carried out by using technical aids, including computer technology, electronic communications networks and other image and sound transmission aids. In that case the hearing will be conducted by the Committee for the Compensation of Crime Victims, i.e. the deciding authority.

Is an interpreter provided, in case I have to be personally present?

  • Yes

Will medical certificates, given by doctors in my country of residence, be accepted or recognised – or will my health/injury have to be examined by your own medical experts?

  • Foreign medical documents are accepted, however, the Committee for the Compensation of Crime Victims as the deciding authority checks and evaluates the medical documents and, if necessary, may order that a medical expert’s report be obtained.

Will I be reimbursed for my travelling costs, if I have to undergo a medical examination in this country?

  • No

How long does it take approximately to get a decision on compensation from the authority/body?

  • The competent authority will reach a decision on a claim approximately within 60 days if the claim is complete and in order (if all the required documents were obtained and submitted, all information and evidence necessary to reach a decision). However, if the claim is incomplete, the time necessary to reach a decision may be longer.

In which language will I receive the decision on my claim?

  • The decision on the claim will be in the Croatian language.

If I am not satisfied with the decision, how can I challenge it?

  • No appeal can be lodged against the decision, however, the applicant may lodge an administrative appeal by submitting an administrative complaint to the competent administrative court within 30 days of the decision being served.

Can I get legal aid (help from a lawyer) under the other country’s rules?

  • No

Are there any victim support organisations in this country that can help me claim compensation in a cross-border case?

  • Yes
Last update: 09/01/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Italy

Which type of crime can I get compensation for?

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).

Which type of injury can I get compensation for?

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.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

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:

  • where the victim (or other entitled person) has been complicit, intentionally or by culpable negligence, in the commission of the offence or of other offences associated therewith within the meaning of Article 12 of the Code of Criminal Procedure;
  • where the victim has been convicted, by a final judgment, of any of the offences referred to in Article 407(2)(a) of the Code of Criminal Procedure or of offences committed in breach of the legislation for the prevention of income tax and VAT evasion, or at the time the claim is submitted is the subject of criminal proceedings for any of those offences.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

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.

Can I get compensation if I’m not a national of an EU country?

Compensation may be granted both to claimants who reside in an EU Member State other than Italy and to claimants who reside in Italy.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

The victim may submit a claim for compensation in Italy to the Italian deciding authorities provided that the offence took place in Italy.

Do I have to have reported the crime to the police first, to be able to claim compensation?

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.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

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.

Do I have to first seek compensation from the offender – if they have been identified?

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.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

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.

Is there a time limit within which I have to claim compensation?

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.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

(a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment – ambulant and hospital treatment, recovery)
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.)
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.)
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees and court costs
    • compensation for stolen or damaged personal property
    • other

- Psychological (moral) damage:

  • pain and suffering of the victim

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
  • loss of maintenance or of opportunity

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

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.

Is the compensation paid out in a single payment or monthly instalments?

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.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

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.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

The victim’s income has no bearing on their right to compensation.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

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.

How will the compensation be calculated?

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.

Is there a minimum/maximum amount that can be awarded?

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:


‘1. The amount of compensation payable under Article 11 of Law No 122 of 7 July 2016 shall be determined as follows:

‘a) for the crime of homicide, the amount shall be fixed at €7 200.00, or, in the event that the homicide was committed by the victim’s spouse, even if separated or divorced, or by a person who is or was involved in a personal relationship with the victim, at €8 200.00, in which case the sum shall be payable only to the victim’s children;
b) for the crime of sexual assault referred to in Article 609- bis of the Criminal Code, and unless there is the mitigating circumstance that the offence is of lesser gravity, the amount shall be fixed at €4 800.00;
c) for offences other than those referred to in points a) and b), the amount shall be payable towards medical and assistance costs of no more than €3 000.00.’

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

The total amount of medical and assistance costs incurred must be indicated and documented.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

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.

Can I get an advance on the compensation? If so, under what conditions?

No.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

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.

What supporting documents do I need to include with my claim?

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.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Ministry of the Interior.

Where do I send the claim (in national cases)?

Ministero dell’Interno
Ufficio del Commissario di solidarietà per le vittime dei reati di tipo mafioso
Via Cavour, 6
Roma

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

Once it has received the claim, the deciding authority in Italy must give a decision ‘without delay’.

If I'm not satisfied with the authority’s decision, how can I challenge it?

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.

Where can I get the necessary forms and other information on how to claim?

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”).

Is there a special helpline or website I can use?

No.

Can I get legal aid (help from a lawyer) when preparing the claim?

No, this role is performed by the assisting authority.

Are there any victim support organisations that can help me claim compensation?

Not to the knowledge of the office supplying this information.

Last update: 11/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Cyprus

Which type of crime can I get compensation for?

You can get compensation for a certain number of intentional offences involving the use of violence, which are perpetrated in the regions controlled by the Republic of Cyprus and are referenced in national law (e.g. grievous bodily harm, premeditated murder).

Which type of injury can I get compensation for?

You can get compensation for serious physical injuries or health problems which, based on medical opinion, require hospitalisation and abstention from work for a period of no less than 8 days.

Can I get compensation if I am a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, you can get compensation if you are a dependant of a victim who has died as a result of the offence i.e. the victim’s spouse and/or children.

Can I get compensation if I am a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

No, you cannot get compensation if you are a relative or dependant of a victim who has survived.

Can I get compensation if I am not a national of an EU country?

Yes, you can get compensation if you are not an EU national, provided that you are a national of a Member State of the Council of Europe and a permanent resident of the Republic of Cyprus, or you are a national of a state that is a party to the European Convention on the Compensation of Victims of Violent Crimes.

Can I claim compensation from this country if I live here or come from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

No, you cannot claim compensation from this country, if you live here or you come from here, for a crime committed in another EU country. Compensation is only granted for crimes committed in the regions controlled by the Republic of Cyprus.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, you need to report the crime to the police within five days of the date on which it was committed or, if it is not reasonably feasible to do so within that deadline, within five days from the moment it was reasonably feasible to report it.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, the claim for compensation must be made within two years of the offence regardless of whether the police investigation and/or criminal proceedings are ongoing.

Do I have to first seek compensation from the offender – if they have been identified?

Yes, before you can claim compensation, it is necessary to seek compensation from the offender first, if they have been identified. However, the claim for compensation must be made within two years from the time of the crime being committed, regardless of whether the action against the offender is still ongoing.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes, you will still be entitled to compensation if the offender has not been identified or convicted. You must present a police report relating to the case which shows that the offender has not been identified. 

Is there a time limit within which I have to claim compensation?

Yes, the deadline for applying for compensation is two years from the date of the crime being committed. 

Which losses and expenses are covered by the compensation?

a) For the victim of the offence:

- Material (non-psychological) damage :

  • medical costs of injury (medical treatment — ambulant and hospital treatment, recovery)

Free healthcare is provided by public health institutions and services up to the amount of EUR 1 709.

  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged physiotherapy, adaptation of housing, special aids, etc.)

Included in the above amount.

  • permanent injury (e.g. invalidity and other permanent handicaps)

In the case of permanent incapacity for work, a disability pension is provided. The amount is equal to the percentage reduction in capacity for work multiplied by the full basic pension awarded under the Social Insurance Law.

  • loss of earnings during and after medical treatment (including lost earnings and lost or diminished ability to earn a living, etc.)

In the case of temporary incapacity for work, a sickness benefit is provided for a period of up to six months. The amount is equal to the full basic sickness benefit paid under the Social Insurance Law.

  • loss of opportunity

Not applicable.

  • expenses linked to legal proceedings related to the incident causing the damage, such as attorney's fees, court costs)

Not applicable.

  • compensation for stolen or damaged personal property

Not applicable.

  • other

Not applicable.

- Psychological (moral) damage:

  • pain and suffering of the victim

Not applicable.

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage :

  • funeral costs

A funeral allowance is provided. The amount is equal to the funeral allowance paid under the Social Insurance Law.

  • medical costs (e.g. treatment for a family member, outpatient or inpatient treatment, rehabilitation)

Not applicable.

  • loss of maintenance or of opportunity

A survivor’s pension or orphan’s allowance is provided. The amount is equal to the full basic pension or allowance paid under the Social Insurance Law.

- Psychological trauma:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

Not applicable.

Is the compensation paid out in a single payment or monthly instalments?

The compensation is paid in a single instalment but the disability pension, the survivor’s pension and the orphan’s allowance are paid on a monthly basis.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Compensation will not be paid when you become a victim of your own crime, are involved in organised crime, or are a member of an organisation which is involved in crimes of violence, even if the violent criminal act which you are a victim of is not relevant or you did not participate in it.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation does not affect your chance of receiving compensation.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

If you fail or refuse to cooperate fully with the police or another competent authority.

How will the compensation be calculated?

The compensation is calculated in the manner mentioned in the question above: “What losses and expenses are covered by the compensation?”

Is there a minimum and/or maximum amount that can be awarded?

There is no minimum amount of compensation. The maximum amount that can be awarded is mentioned in the question above: “Which losses and expenses are covered by the compensation?”

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No, it is not necessary.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes, any compensation received from other sources will be deducted.

Can I get an advance on the compensation? If so, on what conditions?

No, you cannot.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

No, you cannot.

What supporting documents do I need to include with my claim?

You must submit a police report and a medical certificate along with the application for compensation. You may be asked to submit any or all of the documents mentioned below:

  • • power of attorney/proof of authority or relationship with the victim
  • • death certificate of the victim
  • • copy of the police report
  • • copy of the judgment/court decision
  • • medical reports and certificates
  • • hospital bills
  • • bills for other expenses (care, funeral)
  • • income (salary, social welfare/assistance payments)
  • • confirmation of collecting (or not) relevant cash amounts from other sources (employer’s insurance, private insurance)
  • • criminal record
  • • any other supporting documents related to your case

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Director of Social Insurance Services.

Where do I send the claim (in national cases)?

You can hand in your claim form or send it by post to the following address: Social Insurance Services, 7 Lord Byron Ave., 1465, Nicosia, Cyprus.

Do I need to be present during the procedure and/or when my claim is being decided?

No, it is not necessary.

How long does it take (approximately) for a decision to be issued by the competent authority on a claim for compensation?

It takes 6 months from the date on which all the information is available for a decision to be made.

If I am not satisfied with the authority’s decision, how can I challenge it?

You can challenge the decision by filing a claim before the Administrative Court within 75 days of the decision.

Where can I get the necessary forms and other information on how to claim?

You can find claim forms and information about compensation – in Greek and English – at the offices of Social Insurance Services or on the website of Social Insurance Services: Link opens in new windowhttp://www.mlsi.gov.cy/sid.

Is there a special helpline or website I can use?

There is no special helpline or website for compensation. You can get information by directly contacting Social Insurance Services (Link opens in new windowhttp://www.mlsi.gov.cy/sid).

Can I get legal aid (help from a lawyer) when preparing the claim?

You can apply for legal aid in relation to the proceedings of your case. There is no legal aid for the preparation of applications for compensation which are submitted to this authority.

Are there any victim support organisations that can help me claim compensation?

You can get information and claim compensation by directly contacting Social Insurance Services (Link opens in new windowhttp://www.mlsi.gov.cy/sid).

Last update: 11/12/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Latvia

Which type of crime can I get compensation for?

The victim is entitled to the State compensation, if an intentionally committed criminal offence has resulted in the death of a person, the victim has suffered severe or moderate personal injury, the victim has been subjected to indecent or sexual assault, the victim is a victim of human trafficking, or the victim has been infected with the human immunodeficiency virus, hepatitis B or C.

Which type of injury can I get compensation for?

You may receive State compensation for a moral injury, physical suffering and property loss resulting from an intentionally committed criminal offence.

Can I get compensation if I am a relative or dependent of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

If a person has died as a result of a criminal offence, the victim in the criminal proceedings may be a relative of the deceased (fiancé, spouse, parents, grandparents, children, grandchildren, siblings, as well as the persons with whom the physical person concerned was residing together and had a common (not shared) household).

If a person has died as a result of a criminal offence or the victim has died and has not requested State compensation or has requested and has not received State compensation, you are entitled to receive State compensation. However, you must ask the person directing the proceedings (the police, the prosecutor's office, the court) to recognise you as a victim in the corresponding criminal proceedings.

Can I get compensation, if I am a relative or dependent of a victim who has survived? Which relatives or dependants can get compensation in this case?

You are not entitled to State compensation as a relative or a dependent of a victim if the victim has survived the criminal offence. In this case, the victim himself or herself is entitled to State compensation.

Can I get compensation if I am not a national of an EU country?

You may receive State compensation if you are not a national of an EU country.

Can I claim compensation from this country if I live here or am from here (this is my country of residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

If the criminal offence has been committed in another EU Member State, you are entitled to claim compensation from the EU Member State in which the criminal offence was committed directly or through the Legal Aid Administration (Juridiskās palīdzības administrācija).

Do I have to have reported the crime to the police first, to be able to claim compensation?

You have to report the criminal offence to the police.

To claim State compensation, criminal proceedings must be instituted in which you have been recognised as a victim in the criminal proceedings by the decision of the person directing the proceedings (the police, the prosecutor’s office, the court).

Do I need to await the outcome of any police investigations or criminal proceedings before I can claim compensation?

To claim State compensation, you do not need to wait for the final ruling by the person directing the proceedings (the police, the prosecutor's office, the court).

For the Legal Aid Administration to decide on the payment of State compensation or refusal, the person directing the proceedings (the police, the prosecutor's office, the court) must provide the following information:

  1. time and place of the commission of the criminal offence;
  2. characterisation of the criminal offence, the form of guilt of the offender established at the moment of the submission of the reference, date of the initiation of the criminal proceedings and the reference number of the criminal case;
  3. information about the person recognised as a victim in the criminal proceedings;
  4. information about the person who is recognised as a representative of the victim in the criminal proceedings, if the victim exercises his or her rights through a representative;
  5. the nature of the injury caused as a result of the criminal offence (death of a person, severity of injury, indecent or sexual assault, presence of signs of human trafficking or established human immunodeficiency virus, hepatitis B or C);
  6. date of the expert findings, document number and the person who carried out the expert investigation;
  7. the number of persons who have been recognised as victims in the same criminal proceedings concerning the death of a person, and the information about such persons.

Do I have to first seek compensation from the offender - if they have been identified?

You are not obliged to claim compensation from the offender initially. State compensation does not prejudice the victim’s right to claim compensation in criminal proceedings by submitting a request regarding compensation for the injury at any stage of the criminal procedure until the initiation of the examination of the case at the court of first instance and in civil proceedings by raising a claim before the court if you believe that you have not been fully compensated.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You are also entitled to State compensation if the offender or their accomplice is not identified or if they are not held criminally liable.

You should submit the claim for State compensation by adding the reference from the person directing the proceedings (the police) with the necessary information.

Is there a time limit within which I have to claim compensation?

The request for State compensation must be submitted to the Legal Aid Administration within one year from the day on which you have been recognised as a victim, or you have become aware of the facts that entitle you to do so.

Which losses and expenses are covered by the compensation?

State compensation covers the moral injury, physical suffering or loss of property resulting from a criminal offence without distinguishing the type of damage for which State compensation is paid. The amount of the State compensation is determined Link opens in new windowin the Law "On State Compensation to Victims" (Likums par valsts kompensāciju cietušajiem), based on the consequences resulting from the criminal offence.

Is the compensation paid out in a single payment or monthly instalments?

State compensation is paid out as a single payment which is transferred to the payment institution account specified in the claim.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The characterisation of the criminal offence may affect the amount of State compensation, for example, if the criminal offence is committed in a state of intense mental agitation, in violation of the necessary limits of self-defence or of the conditions for the detention of a person. In such cases, the amount of State compensation in line with the consequences of the criminal offence is reduced by 50%.

If the Legal Aid Administration does not receive the requested information within 15 days, it may decide to refuse to pay State compensation. The decision on the refusal to pay State compensation in this case does not prevent you from applying several times to the Legal Aid Administration to claim compensation according to the procedures for requesting it.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation does not affect your chance of receiving State compensation and/or the amount of the compensation.

If you have received compensation for the damages caused by the criminal offence from the offender or another person in his or her stead, the amount of State compensation is reduced by the amount of compensation already received.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

Link opens in new windowThe Law On State Compensation to Victims lays down other criteria that may affect your chance of receiving compensation and/or the amount. For example:

  • if, as a result of a criminal offence, several consequences have set in concurrently, State compensation shall be paid in line with the most severe consequence of the criminal offence;
  • if, as a result of a criminal offence, the death of several persons has occurred and several persons have been recognised as victims in the criminal proceedings, State compensation for those victims shall be paid proportionately to the number of victims;
  • if, after the payment of compensation, another person is recognised as a victim by the person directing the proceedings (the police, the prosecutor’s office, the court) in the same criminal proceedings regarding the death of a person resulting from a criminal offence, State compensation shall be paid in the same amount as it has been paid to the victim or victims.

How will the compensation be calculated?

The maximum amount of State compensation to be paid to a single victim of a criminal offence shall amount to five times the minimum monthly wage as laid down in the Republic of Latvia. The amount of State compensation to be paid shall be calculated, taking into account the amount of the minimum monthly wage determined at the time when the person was recognised as a victim.

The compensation is paid:

  1. if the death of the person has occurred - in the amount of 100%;
  2. if severe bodily injuries have been caused to the victim or the criminal offence has been classified as rape or sexual violence, indecent or sexual assault, or the victim is a victim of trafficking in human beings - in the amount of 70%;
  3. if moderate bodily injuries have been caused to the victim or the victim has been subjected to indecent or sexual assault, except in the cases referred to in Clause 2, or the victim has been infected with human immunodeficiency virus, Hepatitis B or C - in the amount of 50%.

Is there a minimum/maximum amount that can be awarded?

The maximum amount of State compensation is five times the minimum monthly wage laid down in the Republic of Latvia, but the minimum amount of State compensation is 50% of the maximum amount of State compensation. When the minimum monthly wage changes, the amount of State compensation also changes.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

You do not need to specify the amount in the claim form for State compensation, as Link opens in new windowthe Law On State Compensation to Victims lays down the amount of State compensation.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

The compensation you receive from other sources (for example, the employer’s or a private insurance scheme) is not deducted from the amount of State compensation.

Can I get an advance on the compensation? If so under what conditions?

You may not receive an advance payment of State compensation.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

If you have received State compensation and the final decision finds that you have suffered more severe consequences as a result of the criminal offence, you may receive the difference between the amount of State compensation paid and the amount payable.

What supporting documents do I need to include with my claim?

If a final judgment has not yet been reached in the criminal proceedings at the moment of claiming State compensation, you should add to the claim for State compensation a reference from the person directing the proceedings (the police, the prosecutor’s office, the court), specifying the following:

  1. time and place of the commission of the criminal offence;
  2. characterisation of the criminal offence, the form of guilt of the offender established at the moment of the submission of the reference, date of the initiation of the criminal proceedings and the reference number of the criminal case;
  3. information about the person recognised as a victim in the criminal proceedings;
  4. information about the person recognised as a representative of the victim in the criminal proceedings;
  5. the nature of the injury caused as a result of the criminal offence (death of a person, severity of injury, indecent or sexual assault, presence of signs of human trafficking or established human immunodeficiency virus, hepatitis B or C);
  6. date of the expert findings, document number and the person who carried out the expert investigation;
  7. the number of persons who have been recognised as victims in the same criminal proceedings concerning the death of a person, and the information about such persons.

If the criminal proceedings have ended at the moment of requesting State compensation, you should add to the claim for State compensation the final ruling of the person directing the proceedings and the enforcement order, if the compensation for the damages provided for in the final ruling has not been made or has been made only in part.

Are there administrative or other charges to be paid when the claim is received and processed?

The review process for claims for State compensation is free.

Which authority decides on compensation claims (in national cases)?

The Legal Aid Administration decides on the payment of State compensation or the refusal to pay State compensation.

Where do I send the claim (in national cases)?

To receive State compensation, you must send the claim for State compensation to the Legal Aid Administration, at this address: Pils laukums 4, Rīga, LV-1050.

Do I need to be present during the procedure and/or when my claim is being decided?

Your presence is not required for the process of review of the claim for State compensation and deciding on the payment of or the refusal to pay State compensation.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The Legal Aid Administration decides on the payment of or the refusal to pay State compensation within one month from receiving the claim for compensation and sends the decision to the address indicated in the compensation claim.

If the Legal Aid Administration requires any additional information from you or the person directing the proceedings (the police, the prosecutor's office, the court), the decision-making period is suspended until all the information required is received.

If I am not satisfied with the authority’s decision, how can I challenge it?

You may contest the decision of the Legal Aid Administration on the payment of or the refusal to pay State compensation within one month from its entry into force by submitting the relevant application to the Legal Aid Administration which will be forwarded to the Ministry of Justice.

Where can I get the necessary forms and other information on how to claim?

You will find theLink opens in new windowState compensation request form and information about its completion here:

  • on the portal - Link opens in new windowhttps://www.latvija.lv/en
  • on the website of the Legal Aid Administration - Link opens in new windowhttps://www.jpa.gov.lv/par-mums-eng section “Services”;
  • at the Legal Aid Administration - Pils laukums 4, Riga (during office hours);
  • from the person directing the proceedings (the police, the prosecutor’s office or the court);
  • by calling the toll-free information line 800001801 (during working hours).

Is there a special helpline or website I can use?

You can use the toll-free helpline 116006 “Helpline for victims of crime” every day from 07:00 to 22:00, where you can obtain:

  • emotional and psychological support for victims of criminal offences;
  • information about the procedural rights of victims (for example, rights in criminal proceedings, rights to compensation for damage, State compensation etc.), available services and the existing support services for victims.

You can also use the website Link opens in new windowhttps://www.cietusajiem.lv/en/.

Can I get legal aid (help from a lawyer) when preparing the claim?

You do not need legal aid to apply for State compensation. The Legal Aid Administration provides the necessary assistance for the process of claiming State compensation.

Are there any victim support organisations that can help me claim compensation?

The association “Skalbes" offers a free helpline 116006 "Helpline for victims of crime" (every day from 7.00 to 22.00), providing emotional and psychological support to victims of criminal offences, information about the procedural rights of victims (for example, rights in criminal proceedings, rights to compensation of damages, State compensation etc.), available services and existing support services for victims.

Last update: 19/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Lithuania

Which type of crime can I get compensation for?

You can get compensation in cases where:

  • a person’s life was intentionally taken;
  • there was serious or non-serious injury to a person’s health;
  • a less serious, serious or very serious crime against a person’s liberty, freedom of sexual self-determination or integrity was committed.

Which type of injury can I get compensation for?

You can get compensation if you have suffered a serious or non-serious injury to your health.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

If a violent crime resulted in the loss of human life, any person to whom a court has awarded material and/or non-material damages incurred as a result of the violent crime is entitled to compensation.

When compensation is paid in advance, i.e. before the criminal proceedings are completed, the right to compensation is conferred on spouses, children, adopted children, parents, adoptive parents and dependants of the deceased.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

No. If a victim of violent crime has survived, he or she is the only person entitled to compensation.

Can I get compensation if I'm not a national of an EU country?

Yes, but only in the following two cases:

  • you are a person lawfully and ordinarily residing in the Republic of Lithuania or another Member State of the European Union;
  • such a possibility is provided for in the international treaties of the Republic of Lithuania.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

No, compensation may be paid only for violent crimes committed in the Republic of Lithuania.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes. In order for a claim for compensation to be made, a pre-trial investigation must have been launched.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, you may claim advance compensation payments while the pre-trial investigation is still ongoing.

Do I have to first seek compensation from the offender - if they have been identified?

Yes. When compensation is pursued under the normal procedure, compensation for material and/or non-material damage must be awarded to you by a court judgment. When an advance on the compensation is pursued, you are required to submit a ruling or order confirming your status as a civil claimant.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes. In such cases you are required to submit the following:

  • a copy of your identity document;
  • a ruling or order confirming your status as a civil claimant;
  • documents supporting the amount of material damage, if any;
  • documents establishing the fact of marriage, family relationship or dependence if compensation is being claimed by the relatives of the deceased.

Is there a time limit within which I have to claim compensation?

An application for compensation should be submitted no later than within 10 years of the date of the court judgment ordering payment of compensation for damage incurred due to a violent crime. If a person misses that deadline for compelling reasons, it may be extended.

There is no deadline for submitting applications for the payment of advance compensation.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

(a) For the crime victim:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment - ambulant and hospital treatment, recovery) Yes
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.) Yes
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.) Yes
    • loss of opportunity No
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs) Yes
    • compensation for stolen or damaged personal property No
    • other Other material damage related to the violent crime committed which was awarded by the court

- Psychological (moral) damage:

  • pain and suffering of the victim Yes

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs Yes
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation) Yes, but only if a violent crime resulted in the loss of human life
  • loss of maintenance or of opportunity Yes, but only if a violent crime resulted in the loss of human life

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died Yes, but only if a violent crime resulted in the loss of human life

Is the compensation paid out in a single payment or monthly instalments?

Compensation is normally paid in full as a single payment. In exceptional cases compensation may be paid out in instalments, but no later than within one year from the date of the decision to pay compensation for damage incurred due to a violent crime.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The aforementioned circumstances are only important when dealing with the question of advance compensation. Compensation is not granted if:

  • you are being prosecuted for a violent crime or had a criminal record with unexpired or non-pardoned criminal convictions for a violent crime at the time when the violent crime in question was committed;
  • you are bound by a court order in line with the Law of the Republic of Lithuania on the Prevention of Organised Crime (Lietuvos Respublikos organizuoto nusikalstamumo užkardymo įstatymas);
  • you abuse the right to advance compensation for damage incurred due to a violent crime.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

This will have no effect when dealing with the question of compensation.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

No.

How will the compensation be calculated?

Compensation is granted on the basis of the amount awarded by the court, which, however, may not exceed the maximum amounts specified below.

Compensation for damage paid in advance is calculated on the basis of the documents submitted by you in support of the material damage.

Is there a minimum/maximum amount that can be awarded?

In case of murder the maximum compensation for material damage may not exceed EUR 3 800 and the maximum compensation for non-material damage may not exceed EUR 4 560.

In case of severe injury to health the maximum compensation for material damage may not exceed EUR 3 040 and the maximum compensation for non-material damage may not exceed EUR 3 800.

In case of other violent crimes the maximum compensation for material damage may not exceed EUR 2 280 and the maximum compensation for non-material damage may not exceed EUR 3 040.

If compensation for damage incurred due to a violent crime is paid in advance, the maximum amounts may not exceed half of the above amounts.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes, you are expected to quote the amount of compensation claimed, which should be calculated on the basis of the amounts indicated in the court ruling or civil action brought.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes. Amounts you received as compensation for damage from other sources will be deducted from the compensation.

Can I get an advance on the compensation? If so, under what conditions?

Yes, compensation for damages incurred due to violent crimes may be paid in advance if:

  • criminal proceedings in respect of a violent crime are in progress and the person concerned is recognised as a civil claimant;
  • a court ruling has been issued establishing that a violent crime was committed, but no claim has been lodged for compensation for damage incurred as a result, or the claim has not been examined;
  • a violent crime was committed by a person who may not be prosecuted because of his or her age or international immunity or the person who committed the crime is no longer alive.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

No, such a possibility is not envisaged.

What supporting documents do I need to include with my claim?

When applying for compensation under the normal procedure you should include the following documents with your claim:

  • a copy of your identity document;
  • a transcript of the final court judgment awarding material and/or non-material damages incurred due to a violent crime;
  • a statement drawn up by a bailiff stating that it is not possible to recover the damages from the offender, except in cases where the person liable for the damages is no longer alive.

When applying for compensation to be paid in advance you should include the following documents with your claim:

  • a copy of your identity document;
  • documents supporting the amount of material damage;
  • a ruling or order confirming your status as a civil claimant or a final court judgment establishing that a violent crime was committed or a procedural decision confirming that criminal proceedings are not permitted due to the offender’s age, international immunity or death;
  • documents establishing the fact of marriage, family relationship or dependence if compensation is being claimed by the close relatives or dependants of the deceased.

Are there administrative or other charges to be paid when the claim is received and processed?

No, the claim is accepted and examined free of charge.

Which authority decides on compensation claims (in national cases)?

The Ministry of Justice of the Republic of Lithuania (Lietuvos Respublikos teisingumo ministerija) decides on compensation claims.

Where do I send the claim (in national cases)?

You should send your claim to the Ministry of Justice of the Republic of Lithuania (Gedimino pr. 30, LT-01104 Vilnius, Lithuania; email Link opens in new windowrastine@tm.lt).

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

A decision will be taken within a month following the submission of a claim and all the necessary documents to the Ministry of Justice of the Republic of Lithuania.

If I'm not satisfied with the authority’s decision, how can I challenge it?

Decisions taken by the Ministry of Justice of the Republic of Lithuania may be challenged before the Lithuanian Administrative Disputes Commission (Lietuvos administracinių ginčų komisija) or Vilnius Regional Administrative Court (Vilniaus apygardos administracinis teismas) within one month from the date on which the decision was communicated.

Where can I get the necessary forms and other information on how to claim?

From the Ministry of Justice of the Republic of Lithuania or the units of the State Guaranteed Legal Aid Service (Valstybės garantuojamos teisinės pagalbos tarnyba) and from websites (see information below).

Is there a special helpline or website I can use?

Link opens in new windowhttps://vgtpt.lrv.lt/en/

Can I get legal aid (help from a lawyer) when preparing the claim?

Yes, a person may apply for primary legal aid from the executive authority of the municipality of his or her declared place of residence or from the units of the State Guaranteed Legal Aid Service.

Are there any victim support organisations that can help me claim compensation?

The Lithuanian Association for the Support of Victims of Crime (Lietuvos nusikaltimų aukų rėmimo asociacija) (Valakupių g. 5, LT-10101 Vilnius, Lithuania);

Caritas Lithuania (Lietuvos Caritas, Link opens in new windowhttp://www.caritas.lt, Papilio g. 5, LT-44275 Kaunas, Lithuania).

Last update: 14/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Luxembourg

Which type of crime can I get compensation for?

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.

Which type of injury can I get compensation for?

- physical injury/economic loss;

- moral damage.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

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.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

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.

Can I get compensation if I’m not a national of an EU country?

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.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

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:

  • The victim must either legally and habitually reside in Luxembourg or be a national of a Member State of the European Union or the Council of Europe. In addition, at the time of the crime, the victim must be lawfully present in Luxembourg or be a victim of the crime referred to in Article 382‑1 of the Criminal Code.
  • The injury suffered must be the result of intentional acts that constitute a crime.
  • There must be a physical injury and not just material damage (which excludes, for example, compensation for simple theft).
  • The injury must seriously affect your quality of life, which may be due to a loss or reduction of earnings, increased costs or exceptional expenditure, inability to work, loss of a year of schooling, physical or mental harm, moral damage or disfigurement, or physical or mental suffering. If you are the victim of a crime referred to in Articles 372 to 376 of the Criminal Code, you do not have to prove physical or mental harm as this is presumed.
  • Compensation is payable by the State only if you cannot obtain effective and adequate compensation in another way.

Do I have to have reported the crime to the police first, to be able to claim compensation?

No, the victim does not have to have reported the crime to the police to be able to claim compensation.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, the decision on the award of compensation can be made by the Minister for Justice before the criminal proceedings have been decided.

Do I have to first seek compensation from the offender – if they have been identified?

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.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

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.

Is there a time limit within which I have to claim compensation?

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.

Which losses and expenses are covered by the compensation?

As an example, the compensation covers:

a) for the victim of the crime:

physical (non-psychological) injury:

  • medical costs resulting from the injury (medical treatment - inpatient and outpatient care, recovery);
  • additional needs or costs resulting from the injury (i.e. care and assistance, temporary and permanent treatment, prolonged physiotherapy, adaptation of housing, special equipment, etc.);
  • permanent injuries (e.g. disability and other permanent handicaps);
  • loss of earnings during and after the medical treatment (including loss of earnings and loss of earning capacity or reduction of benefits, etc.);
  • loss of professional opportunities;
  • expenses arising from legal proceedings connected with the event that caused the damage, such as legal fees and other costs;
  • compensation for stolen or damaged personal property;

psychological (moral) injury:

  • pain and suffering of the victim;

b) for beneficiaries or relatives of a victim:

physical (non-psychological) injury:

  • funeral costs;
  • medical costs (e.g. therapy for a family member, inpatient and outpatient care, rehabilitation);
  • loss of benefits or professional opportunities;

psychological injury:

  • pain and suffering of relatives or beneficiaries / compensation for survivors in the event of the victim’s death.

Is the compensation paid out in a single payment or monthly instalments?

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.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Compensation can be refused or reduced on account of the victim’s behaviour at the time of the acts.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

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.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

Compensation can be refused or reduced in view of your relationship with the offender.

How will the compensation be calculated?

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.

Is there a minimum/maximum amount that can be awarded?

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.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

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.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

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.

Can I get an advance on the compensation? If so, under what conditions?

If the need arises in duly substantiated cases, the Minister for Justice can award an advance while the claim is being examined.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

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.

What supporting documents do I need to include with my claim?

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:

  • copy of the complaint (police report) or evidence of the claim for damages as a civil party in the criminal proceedings;
  • copy of the judgment deciding the criminal proceedings;
  • decision on the civil claim for damages;
  • evidence of the injury: medical certificates indicating the nature of the injuries suffered, duration of the incapacity for work and, where applicable, nature of the after-effects and permanent disability;
  • evidence of the medical costs resulting from the injury (medical treatment, inpatient and outpatient care, etc.);
  • evidence of membership of a social security organisation;
  • evidence of the amount of any compensation received through social security;
  • copy of the insurance policy;
  • evidence of the amount of any compensation received through the insurance company;
  • evidence of loss of earnings during and after the medical treatment.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

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: Link opens in new windowinfo@mj.public.lu
Website: Link opens in new windowhttp://www.mj.public.lu/

Where do I send the claim (in national cases)?

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: Link opens in new windowinfo@mj.public.lu
Website: Link opens in new windowhttp://www.mj.public.lu/

Do I need to be present during the procedure and/or when my claim is being decided?

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.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The Minister for Justice will decide within six months of your compensation claim being submitted.

If I’m not satisfied with the authority’s decision, how can I challenge it?

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.

Where can I get the necessary forms and other information on how to claim?

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: Link opens in new windowinfo@mj.public.lu
Website: Link opens in new windowhttp://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.

Is there a special helpline or website I can use?

Website:

Link opens in new windowhttp://www.mj.public.lu/services_citoyens/indemnisation/index.html

Link opens in new windowhttps://justice.public.lu/fr/aides-informations/assistance-sociale/scas-service-aide-victimes.html

Can I get legal aid (help from a lawyer) when preparing the claim?

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.

Are there any victim support organisations that can help me claim compensation?

- 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: Link opens in new windowscas-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

Last update: 18/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Hungary

Which type of crime can I get compensation for?

For an intentional violent crime against a person.

Which type of injury can I get compensation for?

For injuries (physical or mental) that take more than eight days to heal

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes. In addition to the victim, the victim’s ascendants or descendants, adoptive or foster parents, adoptive or foster children, spouse or civil partner may receive compensation if they were living with the victim in the same household at the time the crime was committed, as well as the victim’s dependants.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Yes, the victim’s death is not a condition for compensation for dependants or other entitled people.

Can I get compensation if I’m not a national of an EU country?

Yes, if you are staying legally in the EU, or if you are a victim of human trafficking.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

Compensation may only be claimed for crimes committed on the territory of Hungary. If the crime took place in another country, you may submit your application for compensation in Hungary. In such cases the Hungarian authorities will transmit the application to the Member State where the crime was committed.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, it is a condition for compensation that criminal proceedings have been opened in connection with the act committed.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, compensation may be claimed immediately after criminal proceedings are opened.

Do I have to first seek compensation from the offender – if they have been identified?

No.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes, such claim may be submitted. In such cases the extent of the damage, the cause-and-effect relationship between the damage and the act and the need for compensation must be supported by evidence.

Is there a time limit within which I have to claim compensation?

Compensation must be claimed within three months after the crime was committed. The limitation period for submitting a claim is five years after a crime is committed.

Which losses and expenses are covered by the compensation?

For example, will compensation cover:

(a) For the victim of the offence:

  • Material (non-psychological) damage:
    • medical costs of injury (medical treatment – ambulant and hospital treatment, recovery)
    • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.)
    • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.)
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs)
    • compensation for stolen or damaged personal property
    • other
  • Psychological (moral) damage:
    • pain and suffering of the victim

(b) For entitled people or relatives of a victim:

  • Material (non-psychological) damage:
    • funeral costs
    • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
    • loss of maintenance or of opportunity
  • Psychological damage:
    • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

Is the compensation paid out in a single payment or monthly instalments?

Compensation may be claimed in a single payment or in the form of a monthly allowance.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Compensation by the State is not due if it has been established in a final court decision that the victim’s conduct contributed towards the crime or was the cause of the crime, or that the damage was caused by wrongful conduct. Further reasons for exclusion are a refusal to testify, refusal of the obligation to cooperate or the absence of a private motion.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Only victims with social needs are eligible for compensation. A victim has social needs if their monthly net income (income per person, in the case of persons living in the same household) does not exceed HUF 226 328 in 2018 or they receive other benefits defined in legislation. The income situation of victims of terrorist crimes is not taken into consideration.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

No.

How will the compensation be calculated?

The amount of compensation will not exceed fifteen times the basic amount (HUF 113 164), which in 2018 equates to HUF 1 697 460. The amount of a single payment is: 100 % of damage not exceeding five times the basic amount, five times the basic amount plus 75 % of the part exceeding five times the basic amount for damage between five and ten times the basic amount, and 8.75 times the basic amount plus 50 % of the part exceeding ten times the basic amount for damage exceeding ten times the basic amount. The amount of compensation in the form of an allowance is: 75 % of the loss of income supported by evidence if the victim is under the age of 18 or is dependent on assistance from others and 50 percent of the loss of income supported by evidence if the victim is not dependent on assistance from others.

Is there a minimum/maximum amount that can be awarded?

There is no minimum amount. The amount of compensation will not exceed fifteen times the basic amount (HUF 113 164), which in 2018 equates to HUF 1 697 460. The maximum monthly amount of compensation that can be claimed in the form of an allowance is the basic amount, which is HUF 113 164 in 2018.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on any other aspects?

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

The amount of the damage must be quoted in the claim. Any amount recovered from another source must be deducted from the amount of the compensation.

Can I get an advance on the compensation? If so, under what conditions?

The state will reimburse the amount of damage supported by evidence, even if it may be recovered from another source. If the damage is recovered later on from another source, the advance must be paid back.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

No. Compensation may only be awarded once.

What supporting documents do I need to include with my claim?

  • A certificate of the opening of criminal proceedings, if available (police, court, public prosecutor’s office)
  • Documents in support of social need (income certificates of persons living in the same household)
  • The amount of damage suffered as a result of the crime

Are there administrative or other charges to be paid when the claim is received or processed?

No, submitting the application is free of charge.

Which authority decides on compensation claims (in national cases)?

The victim support services of the government office(s) of Budapest (the counties)

Where do I send the claim (in national cases)?

The application may be submitted to any district office (assisting authorities) or directly to the deciding authority (the Budapest (or county) government office(s))

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The deadline for processing claims is a maximum of 60 days.

If I’m not satisfied with the authority’s decision, how can I challenge it?

A decision delivered at first instance is subject to appeal and the appeal is heard by the Ministry of Justice as the body of second instance. Administrative proceedings may be brought before the courts against the decision delivered by the Ministry of Justice at second instance.

Where can I get the necessary forms and other information on how to claim?

Link opens in new windowhttp://igazsagugyiinformaciok.kormany.hu/aldozatsegito-szolgalat

Is there a special helpline or website I can use?

24/7 Victim Support Helpline (Áldozatsegítő Vonal): 06-80-225-225 in Hungarian and English.

Can I get legal aid (help from a lawyer) when preparing the claim?

Yes, on the basis of Act LXXX of 2003 on legal aid.

Are there any victim support organisations that can help me claim compensation?

Services to help assert your interests are available from any of the victim support service’s offices, where victim support advisors will provide practical assistance (for example: assistance in filling in applications, providing information) to the interested parties. Victims may also turn to civil society organisations (for example: White Ring (Fehérgyűrű), Hungarian Baptist Aid (Baptista Szeretetszolgálat), etc.)

Last update: 21/01/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Malta

Which type of crime can I get compensation for?

The types of crime you can get compensation for are rape with violence, inducing minors into prostitution, wilful homicide, grievous bodily harm or arson endangering life.

Which type of injury can I get compensation for?

You can get compensation for any damage suffered as a consequence of any of the violent intentional crimes mentioned above.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

You can get compensation if you are a relative or dependant of a victim who has died as a result of a crime. 'Dependants' means the persons cared for by the deceased and the persons legally entitled to be cared for by the deceased.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

You cannot claim compensation if you are a relative or dependant of a victim who has survived.

Can I get compensation if I'm not a national of an EU country?

You cannot claim compensation if you are not a national of an EU country.

Can I claim compensation from this country if I live here or am from here (this is my country of residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country in which the crime took place? If so under what conditions?

In this case you can claim compensation by providing all the necessary and reasonable assistance and information required for the relevant purposes.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, you have to have reported the crime to the police before you can claim compensation.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

You do not necessarily have to await the outcome of any police investigations or criminal proceedings before you can claim.

Do I have to first seek compensation from the offender – if they have been identified?

You should first seek compensation from the offender — if they have been identified.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You can still qualify for compensation even if the offender has not been identified or convicted. The evidence you need to present is the police report.

Is there a time limit within which I have to claim compensation?

You have up to one year from when the crime took place to claim compensation.

What losses and expenses are covered by the compensation?

The compensation will cover:

(a) For the victim of the offence:

— Material (non-psychological) damage:

  • medical costs of injury (medical treatment — ambulant and hospital treatment, recovery)
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.)
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.)
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident causing the damage (such as legal fees, court costs)
    • compensation for stolen or damaged personal property
    • other - at the Claims Officer’s absolute discretion

— Psychological (moral) damage:

  • pain and suffering of the victim - at the Claims Officer’s absolute discretion

(b) For entitled people or relatives of a victim:

— Material (non-psychological) damage:

  • funeral costs
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
  • loss of maintenance loss or of opportunity

At the Claims Officer’s absolute discretion.
— Psychological damages:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

At the Claims Officer’s absolute discretion.

Is the compensation paid out in a single payment or monthly instalments?

Compensation is paid by way of a lump sum payment, rather than a periodical pension. However, the Claims Officer may make an interim award and postpone making a final award in a case in which a final medical assessment of the injury is delayed.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The Claims Officer may withhold or reduce compensation if he/she considers that:

  1. The applicant failed to promptly take all reasonable measures to inform the police, or other body or person, whom the Claims Officer considers appropriate, of the circumstances of the crime for the purpose in question; or
  2. the applicant did not cooperate with the police or any other authority to bring the offender to justice; or
  3. the applicant failed to provide all reasonable assistance to the Claims Officer or to any other body or person in relation to the application; or
  4. the applicant’s behaviour before, during or after the incident for which claim is sought does not justify full compensation or any compensation, or
  5. The applicant's character as shown in their criminal convictions or in evidence available to the Claims Officer does not justify full compensation or the award of any other full sum; or
  6. the victim was jointly or partly responsible for the injury sustained; or
  7. the victim’s behaviour, character or lifestyle warrant this.

No compensation will be paid under the scheme where:

  1. the criminal injury was sustained before 1 January 2006;
  2. the Claims Officer is of the opinion that the offender is not indigent or unless it is shown that the legal action to claim compensation was made without a favourable outcome;
  3. the Claims Officer is of the opinion that the applicant has not provided all reasonable assistance and information necessary for the purposes of the regulations;
  4. the applicant was responsible for the criminal injury sustained due to provocation or any other action.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation may affect the amount awarded.

Are there any other criteria that could affect the possibility of receiving compensation and/or the amount?

There are no other criteria other than those indicated above.

How will the compensation be calculated?

The compensation will be calculated by discretionary assessment.

Is there a minimum/maximum amount that can be awarded?

No payment to any claimant may exceed the sum of twenty-three thousand three hundred Euro (€23 300) and such sum shall not be exceeded where there is more than one claim for the same crime.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes, you are expected to quote the amount in the form and you can get instructions on how to calculate it or on other aspects.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

The amount of compensation received for your loss from other sources may be deducted from the compensation paid by the authority.

Can I get an advance on the compensation? If so under what conditions?

The Claims Officer shall be entitled to make any arrangements as he/she deems fit for the administration of the money to be awarded as compensation.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health, etc.) after the main decision?

You cannot be awarded complementary or additional compensation after the main decision.

What supporting documents do I need to include with my claim?

The documents are:

  • power of attorney/proof of authority or relationship with the victim;
  • death certificate of the victim;
  • copy of the police report;
  • copy of the judgment/court decision;
  • medical reports and certificates;
  • hospital bills;
  • bills for other expenses (care, funeral);
  • income (salary, social welfare/assistance payments);
  • confirmation of the contribution (or not) from other sources (employer's insurance, private insurance);
  • applicant’s criminal record;
  • affidavit by applicant confirming that no compensation has been received from any other body or authority; any other relevant documents according to circumstances.

Are there administrative or other charges to be paid when the claim is received and processed?

No administrative or other payments are charged in such case.

Which authority decides on compensation claims (in national cases)?

The authority is the Claims Officer from the Attorney General’s Office.

Where do I send the claim (in national cases)?

You should send your claim to the Department of Justice, Chateau De La Ville, 21, Archbishop Street, Valletta.

Do I need to be present during the procedure and/or when my claim is being decided?

You do not need to be present.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

One to two months, depending on the circumstances

If I'm not satisfied with the authority’s decision, how can I challenge it?

It is not possible to challenge the decision.

Where can I get the necessary forms and other information on how to claim?

These can be obtained from the Department of Justice or from the website: Link opens in new windowhttps://eforms.gov.mt/pdfforms.aspx?fid=pjd010e

Is there a special helpline or website I can use?

Link opens in new windowhttp://vso.org.mt/

Can I get legal aid (help from a lawyer) when preparing the claim?

Yes, you can get legal aid.

Are there any victim support organisations that can help me claim compensation?

Link opens in new windowhttp://vso.org.mt/

Last update: 08/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Netherlands

Which type of crime can I get compensation for?

All intentional violent crimes, i.e. assault, threats of violence and/or threats made with a weapon, murder, manslaughter, violent robbery and violent sex crimes (indecent assault and rape). Compensation can also be awarded to surviving relatives of a victim of involuntary manslaughter.

Which type of injury can I get compensation for?

The payment is intended to compensate you for your pain and suffering and for any medical expenses you incur for treatment of the injury sustained during the crime or for any loss of earnings due to resultant incapacity for work. It is not intended to compensate you fully, but is a fixed, one-off amount paid out as a contribution towards the cost of the damage you have suffered.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, you can get compensation if you are the spouse or registered partner or a parent, child, brother or sister of the victim who has died. You may be eligible for compensation for the distress you have experienced as a surviving relative, for the funeral costs you incur and for loss of maintenance due to the loss of the deceased person’s income.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Yes, the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven) can award compensation if a person suffers psychological damage due to witnessing a violent crime or being directly confronted with the consequences of a violent crime committed against a relative.

Can I get compensation if I'm not a national of an EU country?

Yes, provided that the crime of which you are a victim was committed on Dutch territory.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

No, the Violent Offences Compensation Fund can award compensation only as a result of a violent crime committed on Dutch territory.

Do I have to have reported the crime to the police first, to be able to claim compensation?

No, you do not need to have reported the crime to the police for your application to be processed by the Violent Offences Compensation Fund. In practice, however, the reporting of the crime and the subsequent criminal investigation play an important part in substantiating an application. If the crime has not been reported, it must be possible to establish the plausibility of the claim on the basis of other objective statements. ‘Objective’ here refers to information obtained from reliable, unbiased sources.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No. In certain cases, however, the Violent Offences Compensation Fund may consider it necessary to await the outcome of a police investigation or criminal proceedings to establish the plausibility of your claim.

Do I have to first seek compensation from the offender – if they have been identified?

No.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes. When it comes to substantiating plausibility, such applications are subject to the same conditions as those in cases where the offender is known.

Is there a time limit within which I have to claim compensation?

Yes. You must submit your application to the Violent Offences Compensation Fund within 10 years of the date on which the crime was committed. In the case of a surviving relative this period commences from the date of the victim’s death.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

(a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment – ambulant and hospital treatment, recovery)
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, long-term physiotherapy, adaptation of housing, special aids, etc.)
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during and after medical treatment (including lost earnings and loss of ability to earn or diminished maintenance etc.)
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs
    • compensation for stolen or damaged personal property
    • other

The payment from the Violent Offences Compensation Fund is not linked to specific losses. It is a fixed, one-off amount intended to compensate you for your pain and suffering and for any medical expenses you incur for treatment of the injury sustained during the crime or for any loss of earnings due to resultant incapacity for work.

- Psychological (moral) damage:

  • pain and suffering of the victim

Yes.

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
  • loss of maintenance or of opportunity

In the case of surviving relatives the payment is also intended as compensation for pain and suffering (the distress resulting from the death of a relative), for medical expenses incurred, e.g. for the treatment of psychological problems caused by the death of a relative, and/or for any loss of earnings due to resultant incapacity for work. A separate payment can also be made as compensation for funeral costs and for loss of maintenance due to the loss of the deceased person’s income.

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

Yes.

Is the compensation paid out in a single payment or monthly instalments?

In a single payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

To be eligible for a payment from the Violent Offences Compensation Fund, it is important that you should not yourself be guilty of the crime. In other words, you must not have been the perpetrator or have had a hand in the crime yourself. If you were involved in the crime, the Violent Offences Compensation Fund may reject your application or reduce the amount of compensation paid out.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation does not affect your eligibility for compensation for the damage you have suffered.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

  • You must have suffered serious harm as a result of the crime. Serious harm is regarded as a physical injury and/or psychological damage that has severe long-term or permanent medical consequences.
  • The Violent Offences Compensation Fund will award compensation only if the damage you have suffered has not been or will not be compensated in another way, e.g. by the offender or an insurance company.
  • It is also not possible to submit an application relating to crimes committed before 1973.

How will the compensation be calculated?

The level of the payment is usually based on the severity of the harm you have suffered or the circumstances of the crime.

Is there a minimum/maximum amount that can be awarded?

The Violent Offences Compensation Fund has defined six categories of harm, each with a fixed compensation amount. Category 1 carries entitlement to a payment of

€1 000.00 and category 6 to a payment of €35 000.00.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes, if this compensation relates to pain and suffering, medical expenses and loss of earnings.

Can I get an advance on the compensation? If so, under what conditions?

Yes, the Violent Offences Compensation Fund can pay you an advance on the compensation in the form of a provisional payment. This is on condition that the application satisfies the legal requirements (i.e. it has been established with certainty that you are entitled to a payment) and the Fund is unable to make a definitive decision in the short term. A request for an advance will be processed only if you apply in writing and explain why an advance payment is necessary and urgent, e.g. if you have insufficient funds to undergo treatment for the injury you have sustained. The mere fact that you are in a difficult financial situation does not constitute sufficient grounds to award an advance payment.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

You can submit an additional application if, following receipt of a decision awarding you compensation, your injury proves to be significantly more serious than that on which the decision on your first application was based. A surviving relative can submit an additional application only for funeral costs and loss of maintenance.

What supporting documents do I need to include with my claim?

  • Completed application form
  • Copy of identity document
  • If available: police report, judgment
  • Any medical information relating to the injury
  • If applicable: other documents requested in the form.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven)
Postbus 71
NL-2501 CB The Hague

Where do I send the claim (in national cases)?

The Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven)
Postbus 71
NL-2501 CB The Hague

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

No more than 26 weeks.

If I'm not satisfied with the authority’s decision, how can I challenge it?

You can lodge a written objection with the Violent Offences Compensation Fund Committee (Commissie Schadefonds Geweldsmisdrijven) within 6 weeks. In your objection you must indicate which points you disagree with in the decision and why. You can send your objection to:

Schadefonds Geweldsmisdrijven
Afdeling Bezwaar

Postbus 71
NL-2501 CB The Hague

Where can I get the necessary forms and other information on how to claim?

Link opens in new windowhttps://www.schadefonds.nl/english-information/

Is there a special helpline or website I can use?

Link opens in new windowhttps://www.schadefonds.nl/english-information/

Telephone: 070-4142000

Can I get legal aid (help from a lawyer) when preparing the claim?

No subsidised legal aid is available. However, you can get advice and support from Victim Support Netherlands (Slachtofferhulp Nederland) by visiting Link opens in new windowhttps://www.slachtofferhulp.nl/english/. Telephone: 0900-0101.

Are there any victim support organisations that can help me claim compensation?

Victim Support Netherlands: Link opens in new windowhttps://www.slachtofferhulp.nl/english/. Telephone: 0900-0101.

Last update: 03/04/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Austria

Which type of crime can I get compensation for?

Under the Victims of Crime Act (Verbrechensopfergesetz, VOG), BGBl. No 288/1972, compensation is awarded to individuals when it is likely that they suffered injury to their body or damage to their health as a result of an unlawful and intentional act carrying a sentence of more than six months’ imprisonment on the date on which the decision is taken.

Which type of injury can I get compensation for?

For an unlawful and intentional act carrying a sentence of more than six months’ imprisonment which resulted in injury to the body or damage to health.

Can I get compensation if I am a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes. Family members who were dependants of the deceased under civil law (children, spouse) are eligible for compensation.

Can I get compensation if I am a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Yes, if the victim was seriously injured. The crime must also have caused the family member (child, parent, spouse, sibling) to suffer a shock resulting in psychological difficulties of clinical significance.

Can I get compensation if I'm not a national of an EU country?

Yes. The offence must have been committed in Austria after 30 June 2005. Claimants must usually have been a legal resident at the time of the offence.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

According to the Victims of Crime Act, citizens of Austria and the EU (if their usual place of residence was in Austria prior to the offence) are also in principle entitled to compensation for injuries that occur abroad.

According to Article 2 of Council Directive 2004/80/EC, compensation shall be paid by the competent authority of the Member State on whose territory the crime was committed.

Do I have to have reported the crime to the police first to be able to claim compensation?

The victim and the surviving dependants must assist with the investigation into the offence and the search for the perpetrator, otherwise any claims for compensation may be rejected.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No

Do I have to first seek compensation from the offender – if they have been identified?

No

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

The offender does not have to have been identified or convicted. It is enough if it is likely that an offence took place.

Is there a time limit within which I have to claim compensation?

Most claims must be made within two years of the offence in order to receive retroactive assistance. If the claim is submitted later than this, assistance is paid from the month following the claim.

Which losses and expenses are covered by the compensation?

The following assistance is possible:

1. Compensation for loss of earnings or maintenance;

2. Therapeutic care
(a) medical assistance,
(b) medication,
(c) medical aids,
(d) institutional care,
(e) dental treatment,
(f) measures to strengthen health (Section 155 of the General Social Security Act (Allgemeines Sozialversicherungsgesetz), BGBl. No 189/1955);

2a. Coverage of the cost of crisis interventions by clinical and health psychologists and psychotherapists;

3. Orthopaedic care
(a) fitting of prostheses, orthopaedic and other devices, their repair and replacement,
(b) reimbursement for the costs of modifying everyday objects and the installation of disabled bathrooms,
(c) grants to cover the cost of modifying multi-track vehicles for a disabled driver,
(d) aid for the procurement of multi-track vehicles,
(e) any travel and transport costs incurred;

4. Medical rehabilitation
(a) accommodation in medical institutions which primarily focus on rehabilitation,
(b) medical assistance, medication and medical aids if these are required in direct relation to or in connection with (a),
(c) any travel and transport costs incurred;

5. Occupational rehabilitation
(a) occupational training to regain or improve fitness to work,
(b) training for a new occupation,
(c) grants or loans (Section 198(3) of the General Social Insurance Act, (Allgemeines Sozialversicherungsgesetz, ASVG 1955));

6. Social rehabilitation
(a) grant to cover the cost of obtaining a driving licence if the person’s disability means that it is not reasonable to expect him/her to use public transport,
(b) transitional allowance (Section 306, ASVG 1955);

7. Care allowances, allowances for blind people;

8. Reimbursement of funeral expenses;

9. Means-tested additional benefits;

10. Lump-sum compensation for pain and suffering.

Is the compensation paid out in a single payment or monthly instalments?

It varies.

There are monthly payments (compensation for loss of earnings/maintenance; means-tested additional benefits; care allowance and blind person’s allowance) and single payments (such as reimbursement of funeral expenses, lump-sum compensation for pain and suffering).

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The Victims of Crime Act outlines the grounds on which compensation may be refused (e.g. grossly negligent conduct, involvement in a brawl).

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

For most assistance, your financial situation is irrelevant. Loss of earnings and maintenance are measured according to civil-law criteria and are not means-tested.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

No

How will the compensation be calculated?

On a case-by-case basis. Ongoing compensation for loss of earnings and maintenance is calculated based on civil law criteria.

Is there a minimum/maximum amount that can be awarded?

There is no minimum amount for compensation.

There are income limits or fixed amounts for specific types of assistance.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No. It is up to the authority in question to determine the amount; however, the victim must cooperate in the proceedings and provide the requisite information.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

State benefits (such as unemployment benefit) and social security benefits (disability pensions, etc.) will be taken into account and will reduce the compensation for loss of earnings in accordance with the Victims of Crime Act.

Can I get an advance on the compensation? If so, under what conditions?

Yes. If there is an urgent need for financial assistance. It must be likely that the claim is well-founded.

Can I get complementary or additional compensation (following a change in circumstances or worsening health, etc.) after the main decision?

Yes

What supporting documents do I need to include with my claim?

The following documents usually need to be provided with claims for assistance:

  • power of attorney/proof of authority or relationship with the victim
  • death certificate of the victim
  • copy of the police report
  • copy of the judgment/court decision
  • medical reports and certificates
  • hospital bills
  • bills for other expenses (care, funeral)
  • income (salary, social welfare/assistance payments, allowances)
  • confirmation of contribution (or not) from other sources (social security, private insurance)
  • recent extract from the claimant’s judicial record

Documents will also be requested by the authority itself.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Federal Office for Social Affairs and People with Disabilities, Ministry for Social Affairs (Bundesamt für Soziales und Behindertenwesen – Sozialministeriumservice). 
Babenbergerstraße 5, A-1010 Vienna

Tel.: 0043 158831
FAX: 0043(0)1599882266

email: Link opens in new windowpost.wien@sozialministeriumservice.at

Where do I send the claim (in national cases)?

To the Federal Office for Social Affairs and People with Disabilities, Ministry for Social Affairs (Bundesamt für Soziales und Behindertenwesen – Sozialministeriumservice).
Babenbergerstraße 5, A-1010 Vienna

Tel.: 0043 158831
FAX: 0043(0)1599882266

email: Link opens in new windowpost.wien@sozialministeriumservice.at

Do I need to be present during the procedure and/or when my claim is being decided?

You may be required to be involved in the procedure (for assessment by an expert, to answer questions, etc.) but otherwise you do not generally need to be present.

How long does it take (approximately) to receive a decision on a claim for compensation by the authority?

It depends on the type of compensation claimed. The decision is usually made within a few months.

If I am not satisfied with the authority’s decision, how can I challenge it?

An appeal may be lodged with the Federal Administrative Court (Bundesverwaltungsgericht) against the Ministry for Social Affairs’ decision (appeals may also be lodged with the Constitutional Court (Verfassungsgerichtshof) and the Supreme Administrative Court (Verwaltungsgerichtshof)).

Where can I get the necessary forms and other information on how to claim?

You do not need to complete an application form in order to submit a claim. Information is provided by the Ministry for Social Affairs and can be found on their website (together with the relevant forms).

Is there a special helpline or website I can use?

Link opens in new windowSozial Ministerium - Sozialentschädigung (Ministry for Social Affairs – Social Compensation)

Link opens in new windowSozial Ministerium - Verbrechensopfer (Ministry for Social Affairs – Victims of crime)

Can I get legal aid (help from a lawyer) when preparing the claim?

The Ministry for Social Affairs provides legal information. They are not able to provide or pay for a lawyer.

Are there any victim support organisations that can help me claim compensation?

Yes. e.g. Weisser Ring.

Last update: 10/12/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Poland

Which type of crime can I get compensation for?

You can receive compensation if you are a victim of a crime resulting in grievous bodily injury, impairment of the functioning of a bodily organ or health impairment, in each case lasting more than seven days. It is irrelevant whether the crime was intentional or unintentional, or violent or non-violent. What is relevant is whether it had the effect described above.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

If the victim of a crime has died, you can seek compensation if that victim was your:

  • spouse or cohabitee,
  • parent, grandparent or great-grandparent,
  • child, including an adopted child, grandchild or great-grandchild.

It is irrelevant whether you were a dependant of the victim.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

In such a case, only the victim of a crime is entitled to compensation.

Can I get compensation if I’m not a national of an EU country?

Whether you get compensation depends not on your nationality, but on your place of permanent residence. You can get compensation if your place of permanent residence is in Poland or in another EU Member State.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

You can seek compensation before the Polish deciding authority only if the crime was committed in Poland. If the crime was committed in another EU Member State, you can seek compensation only in that state. If you need assistance, you can contact the Regional Public Prosecutor (Prokurator Okręgowy) having jurisdiction over your place of permanent residence.

Do I have to have reported the crime to the police first, to be able to claim compensation?

The crime should be reported to the police or the prosecutor’s office, because a copy of the report must be attached to the claim for compensation. You do not need to do this in person. The public prosecutor conducting the preparatory proceedings will assist you in obtaining compensation. Please remember that reporting the crime will make your claim more credible in cases where the offender is not detected.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

You can submit the claim for compensation before the proceedings conducted by the prosecutor’s office (the police) or the court are concluded. The decision to award compensation may be taken before criminal proceedings are concluded.

Do I have to first seek compensation from the offender – if they have been identified?

Seeking compensation from the offender makes sense only when there is a realistic chance that you will receive it from them. If the offender is unable to pay compensation, you can apply for it without having to initiate an action against the offender first. In such a case, you will have to prove that you will not be receiving compensation from the offender. This may be the case if the offender does not own any property or will remain in prison without working for many years.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You are entitled to compensation regardless of whether the offender has been identified or convicted. In such a case, you should prove during the proceedings for compensation that the incident for which you are seeking compensation was a crime.

Is there a time limit within which I have to claim compensation?

When seeking compensation, please remember that you must submit the claim within five years from the date of the crime. Claims submitted after this deadline will not be examined.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

(a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment - ambulant and hospital treatment, recovery) yes
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.) yes
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.) yes
    • loss of opportunity no
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs no
    • compensation for stolen or damaged personal property no
    • other

- Psychological (moral) damage:

  • pain and suffering of the victim no

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs, medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation) yes
  • loss of maintenance or of opportunity yes

- Psychological (moral) damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died no

Is the compensation paid out in a single payment or monthly instalments?

Compensation is paid out in a single payment. It is paid by the court which issued the decision to award it, within one month from the date on which that decision becomes final.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Compensation will be proportionally reduced if your conduct contributed to the crime.

You will not receive compensation if you were an accomplice to the crime or if you agreed to bear its consequences.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation is irrelevant for compensation purposes. When your claim is examined, the primary focus will be on determining whether you can receive compensation from the offender, a social assistance institution, or under an insurance policy. Compensation will be awarded if the court finds that you will not be receiving compensation from any of the above sources.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

The only condition for awarding compensation is the impossibility of obtaining compensation from the offender, a social assistance institution, or under an insurance policy.

How will the compensation be calculated?

You will be required to demonstrate what costs you have incurred in connection with the crime. If you seek lost earnings, you should present a document showing how much you earned. Costs associated with treatment and rehabilitation as well as funeral costs are best demonstrated by presenting bills. If you do not have bills, you can request that witnesses be examined or experts be appointed.

If the court finds that in your case it cannot be definitely proved that you are entitled to receive the amount you requested, it may award an amount it deems appropriate, after considering all the circumstances.

Is there a minimum/maximum amount that can be awarded?

Compensation cannot exceed PLN 25 000, or PLN 60 000 if the victim has died. There are no provisions specifying a minimum amount of compensation.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes, you should indicate the requested amount in the claim form. There are no special instructions, but you can find some information in the ‘How will the compensation be calculated?’ section.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

If you have received funds - from the offender, a social assistance institution, or under an insurance policy - towards funeral costs, lost earnings or other means of subsistence (e.g. maintenance allowance), or costs associated with treatment and rehabilitation, the court will deduct them from your compensation.

Can I get an advance on the compensation? If so, under what conditions?

Before the claim is examined, you can apply for a specific sum (a security) to cover the necessary costs associated with treatment and rehabilitation or funeral costs. You can submit this application before submitting the claim for compensation or together with that claim.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

As a rule, compensation is awarded on a one-off basis.

What supporting documents do I need to include with my claim?

You should attach to the claim for compensation: a copy of the report of the crime, copies of decisions issued in criminal proceedings (e.g. a decision to discontinue criminal proceedings), copies of medical certificates or expert opinions on the damage to health, bills and other documents confirming the information provided in the claim.

If you are claiming compensation for the death of a next of kin, you should attach that person’s death certificate and documents confirming the relationship between you and the deceased (such as a birth certificate or a marriage certificate). If that person was your cohabitee, you should attach a declaration, subject to criminal liability, that you lived together.

Are there administrative or other charges to be paid when the claim is received and processed?

When seeking compensation, you will be fully exempt from court costs. This means that you will not bear the expenses associated with the submission or examination of the claim (e.g. fees for expert opinions).

Which authority decides on compensation claims (in national cases)?

In national cases, compensation claims are examined by the district court (sąd rejonowy) having jurisdiction over your place of residence. This is usually the district court located in your locality or closest to your locality.

Where do I send the claim (in national cases)?

In national cases, the claim should be sent to the address of the court that will examine the case.

Do I need to be present during the procedure and/or when my claim is being decided?

The court examining the claim will decide whether you need to be present at the session. The court will inform you whether your presence is mandatory when it notifies you of the date when the claim is to be examined.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

There is no deadline for deciding on compensation claims. How long it takes will depend not only on how complex the case is and what evidence the deciding authority needs to take, but also on the number of cases currently being examined by the deciding authority.

If I’m not satisfied with the authority’s decision, how can I challenge it?

If you are not satisfied with the decision of the court, you can appeal to the regional court (sąd okręgowy). If you are not represented by a lawyer before the court, you will receive information on how to lodge an appeal.

Where can I get the necessary forms and other information on how to claim?

The public prosecutor conducting the preparatory proceedings relating to the crime for which you are seeking compensation will give you the necessary information on compensation, give you a claim form template and explain how to fill it in.

Is there a special helpline or website I can use?

Basic information about compensation, and the claim form template can be found on the website of the Link opens in new windowMinistry of Justice.

Can I get legal aid (help from a lawyer) when preparing the claim?

Legal aid is provided to people who demonstrate that they cannot afford a lawyer. Please remember: when seeking compensation, you can expect assistance from the public prosecutor conducting the proceedings relating to the crime for which you are seeking compensation.

Are there any victim support organisations that can help me claim compensation?

In Poland, there is the Victim Support and Post-Penitentiary Assistance Fund (Fundusz Pomocy Pokrzywdzonym oraz Pomocy Postpenitencjarnej), which collects funds allocated for, inter alia, helping crime victims and their next of kin. The fund is administered by the Minister for Justice. The support is organised in such a way that the fund administrator selects, in an open tender procedure, the organisations whose tenders it deems best and grants them earmarked subsidies for measures for crime victims. As a rule, in each province there is at least one entity providing support to crime victims.

The funds are used to finance legal, psychological and material aid. Legal aid may cover assistance in seeking compensation.

If you wish to benefit from the aid, you should contact a non-governmental organisation that has received a subsidy from the Minister for Justice for this purpose, and demonstrate that you are a victim of a crime. A list of such organisations, together with their contact details, can be found on the website of the Link opens in new windowMinistry of Justice, in the section dealing with activities / support for victims of crime / support for victims of crime and their next of kin – list of entities and organisations (click on: działalność / pomoc pokrzywdzonym przestępstwem / pomoc pokrzywdzonym przestępstwem oraz osobom im najbliższym – lista podmiotów i organizacji).

Last update: 11/03/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Slovenia

Which type of crime can I get compensation for?

Compensation can only be granted to victims of violent intentional crimes. These are crimes that the offender committed intentionally and that constitute a direct attack on life and body, using force (crimes against life and body, such as murder, manslaughter, bodily harm) or violation of sexual integrity (sexual offences).

Another condition is that, under the Penal Code, these crimes are punishable by one or more years of imprisonment. In other words, compensation cannot be received for offences of a pecuniary (financial) nature.

Which type of injury can I get compensation for?

You are not entitled to compensation for minor injuries (e.g. contusions, abrasions, bruises) or for other cases of physical injury that only have a temporary external effect, or temporarily and to a lesser extent, affect the health of the victim.

Compensation may be granted in cases where a physical injury is considered to be at least minor (e.g. soft tissue wounds requiring stitches, simple fractures, simple dislocations and sprains, simple eardrum ruptures, concussions with very brief loss of consciousness, loss of one to two teeth, loss of one knuckle).

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, compensation for mental suffering due to the death of a loved one may also be given to survivors; i.e. persons who were supported or had the right to be supported by the late victim (in particular minor children and children under the age of 26 who are in full-time education; a spouse or unmarried partner who had no means of subsistence and was unemployed for reasons that were not their fault; parents, if they do not have and cannot acquire sufficient means of subsistence).

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

No.

Can I get compensation if I'm not a national of an EU country?

No. The formal condition to grant a compensation is the fact that the claimant is either a citizen of the Republic of Slovenia or another EU Member State.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

No. In order to claim compensation, the offence must have been committed on the territory of the Republic of Slovenia, or on a Slovenian ship or Slovenian aircraft, regardless of where it was located when the offence was committed.

Do I have to have reported the crime to the police first to be able to claim compensation?

Yes, the act must have been recorded by or reported to the competent authority (police, prosecutor’s office) and treated as a crime (and not, for example, as a minor offence), and there must be a reasonable suspicion that a crime has been committed (criminal complaint filed with the prosecution) .

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, but there must be a reasonable suspicion that the crime has been committed, which means that as a rule, at least a criminal complaint must be filed, which the police forward to the prosecutor’s office after their investigation has been completed.

Do I have to first seek compensation from the offender – if they have been identified?

As a rule, the basis for compensation to be granted in these cases is the final and enforceable judgment by which the victim was granted compensation and which could have already been issued during criminal proceedings (decision on a civil action within criminal proceedings) or in civil proceedings (decision on an action). An additional condition is that the enforcement (recovery of payment) based on this judgment was unsuccessful or is not at all possible (the offender has no property, the property cannot be recovered).

There are, however, exceptions when it is not necessary to first claim compensation from the offender:

— when a victim of crime belongs to one of the specially protected groups – children, victims of domestic violence, disabled people, citizens of another EU Member State (in cross-border cases);

— when the offender remains unknown (after three months of the recording or reporting of the crime, and is not identified before the Committee’s decision) or if the offender cannot be prosecuted (e.g. the offender is deceased or under the age of 14 and not criminally responsible).

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

If the offender remains unknown (after three months of the detection or reporting of the crime and is not identified before the Committee’s decision), the victim may claim compensation.

As a rule, the compensation is linked to the conviction of the offender when it is claimed based on an enforceable instrument – a judgment (in criminal or civil proceedings) with which the victim was granted compensation, but the victim cannot recover it from the offender (enforcement is unsuccessful or impossible).

In cases where a victim has a special status (children, disabled persons or victims of domestic violence and victims in cross-border cases – nationals of other EU Member States), the offender's conviction is not a condition to claim compensation.

Is there a time limit within which I have to claim compensation?

Yes, there are two time limits for claiming compensation.

In cases involving an unknown offender or special groups of victims (children, victims of domestic violence, disabled people, nationals of other EU Member States), the deadline for filing the claim is 6 months from the date when the crime was committed.

In other cases where compensation must first be sought from the offender, the time limit for filing the claim is 3 months from the date of receipt of the decision or the notification that the enforcement was not successful; where enforcement was not proposed, the deadline is three months from receiving the information that enforcement is not possible.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

(a) for the victim of the offence:

— Material (non-psychological) damage:

  • medical costs of injury (medical treatment — ambulant and hospital treatment, recovery) — YES, but only in case the person is not entitled to adequate benefits from the pension and disability insurance; in the amount of the costs of health services covered by compulsory health insurance under the regulations of the Republic of Slovenia, limited to EUR 20 000.
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.) — NO
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.) — NO
    • loss of opportunity — NO
    • expenses linked to legal proceedings related to the incident causing the damage (such as legal fees, court costs) —NO
    • compensation for stolen or damaged personal property — NO
    • other

— psychological (moral) damage:

  • pain and suffering of the victimYES, for suffering physical and mental pain (due to loss of amenity, disfigurement, reduced freedom, violation of dignity and other personality rights); compensation for fear is not recognised.

(b) for entitled people or relatives of a victim:

— Material (non-psychological) damage:

  • funeral costs — NO, because this is now a social right and is enforced under another law;
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation) — YES (for victims only), in the amount of the costs of health services covered by compulsory health insurance under the regulations of the Republic of Slovenia, and only if the person does not have a compulsory or voluntary health insurance.
  • loss of maintenanceYES, for the children of the deceased who meet the conditions for a survivor’s pension (the age of up to 15 years or 26 years if in full-time education), but the pension was not granted (for reasons on the side of the deceased);
  • loss of opportunity — NO

— psychological damage:

  • pain and suffering of relatives or entitled people / compensation to survivors if the victim died — YES, the survivors are compensated for mental pain due to the loss of a loved one;

(a) for the victim of the offence:

— Material (non-psychological) damage:

  • medical costs of injury (medical treatment — ambulant and hospital treatment, recovery)
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.)
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.)
    • loss of opportunity
    • expenses linked to legal proceedings related to the incident causing the damage (such as legal fees, court costs)
    • compensation for stolen or damaged personal property
    • other

— psychological (moral) damage:

  • pain and suffering of the victim

(b) for entitled people or relatives of a victim:

— Material (non-psychological) damage:

  • funeral costs
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
  • loss of maintenance or of opportunity

 

— psychological damage:

  • pain and suffering of relatives or entitled people / compensation to survivors if the victim died

Is the compensation paid out in a single payment or monthly instalments?

Compensation is, as a rule, paid out in a single payment unless it is necessary to determine the future conditions to grant compensation for certain periods (e.g. full-time education of a child).

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

When deciding on the amount of compensation, the conduct of the claimant while and after the crime was committed, as well their contribution to the occurrence and extent of the damage are taken into account, and the compensation may be reduced accordingly or the claim rejected.

The criminal record of the claimant is not checked, while non-cooperation in the compensation procedure can result in some of the circumstances relevant for determining the right to compensation not being established and, as a result, the conditions for the recognition of damages might not be met. If the claimant does not respond to calls from the authority to supplement the compensation claim, an incomplete claim may be rejected.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

The financial situation of the victim is not checked and therefore does not affect the recognition of the right to compensation or its amount.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

Yes, the compensation is reduced by any other compensations, reimbursements or other payments received by the claimant on any other basis for the same type of damage.

How will the compensation be calculated?

For physical pain and mental pain, the highest statutory amounts of compensation for each type of damage are taken into account, and the compensation is determined according to these limits and in relation to the severity of the injury or the type of damage.

Regarding physical pain, special rules identify categories of injuries, and the law sets the minimum and maximum amounts for these categories – from EUR 50 to 500 for minor injuries, from EUR 100 to 1 000 for medium injuries, from EUR 250 to 2 500 for severe injuries, from EUR 500 to 5 000 euros for very severe injuries, and from EUR 1 000 to 10 000 for extremely severe injuries.

For other types of damage, the law refers to other regulations. The reimbursement of treatment costs is recognised in the amount of the costs of health services from compulsory health insurance, to which the insured person would be entitled under the regulations of the Republic of Slovenia given the circumstances. Compensation of funds due to loss of maintenance is recognised to deceased victim’s survivors to the extent determined by Slovenia’s regulations on pension and disability insurance regarding survivor’s pension.

Is there a minimum/maximum amount that can be awarded?

Yes, for physical pain of a minimum of EUR 50 and a maximum of EUR 10 000, and for mental pain, a maximum of EUR 10 000.

Compensation for mental pain caused by a loved one’s death may be granted to all relatives of a deceased up to EUR 10 000.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No. In the claim form, it is possible to state the amount of compensation, but this is not required by law.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes. By law, the compensation set for each type of damage is reduced by any other compensations, reimbursements or other payments received by the claimant on any other basis for the same type of damage.

Can I get an advance on the compensation? If so, under what conditions?

No.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

The law does not envisage such a change in circumstances.

What supporting documents do I need to include with my claim?

By law, the claim must be supported by the following documents:

  • power of attorney
  • copy of the police report (or documentation from another body in (pre-)criminal proceedings)
  • relevant medical reports and certificates
  • claimant’s statement on claiming compensation from other sources.

Where a claimant applies for compensation after being unable to recover it from the offender, the following must also be enclosed:

  • copy of the judgment (by which the compensation was granted)
  • a copy of the enforcement order and evidence that the enforcement was not successful or not possible.

The authority may request further evidence to establish the conditions for granting compensation.

Are there administrative or other charges to be paid when the claim is received and processed?

No. No fee is charged for claims, actions and decisions in compensation proceedings under this Act.

Which authority decides on compensation claims (in national cases)?

Committee for decision-making on compensation to crime victims (Komisija Vlade Republike Slovenije za odločanje o odškodnini žrtvam kaznivih dejanj; hereinafter ‘Committee’).

Where do I send the claim (in national cases)?

To the Ministry of Justice (Ministrstvo za pravosodje), Župančičeva 3, 1000 Ljubljana.

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The legal deadline for issuing a decision is 3 months from the receipt of a complete application. As a rule, the actual procedure lasts less than half a year, depending on individual circumstances.

If I’m not satisfied with the authority’s decision, how can I challenge it?

The decision of the Committee may be challenged by an action in an administrative proceeding before the Administrative Court of the Republic of Slovenia.

Where can I get the necessary forms and other information on how to claim?

On the website of the Ministry of Justice:

Link opens in new windowhttp://www.mp.gov.si/si/delovna_podrocja/direktorat_za_kaznovalno_pravo_in_clovekove_pravice/sektor_za_popravo_krivic_in_podporo_zrtvam_kaznivih_dejanj/odskodnine_zrtvam_kaznivih_dejanj/

The English version of the webpage:

Link opens in new windowhttp://www.mp.gov.si/en/areas_of_work/legislation_on_the_justice_system/sektor_za_popravo_krivic_in_podporo_zrtvam_kaznivih_dejanj/crime_victims_compensation_national_cross_boarder_situations/

Information can also be obtained in writing or by telephone:

Ministrstvo za pravosodje
Direktorat za kaznovalno pravo in človekove pravice
Sektor za popravo krivic in podporo žrtvam kaznivih dejanj
Župančičeva 3, 1000 Ljubljana

T: +386 1 369 5442

E: Link opens in new windowgp.mp@gov.si

By law, the police is required to provide basic information on how people can exercise their rights. Also other state bodies dealing with victims are generally acquainted with these rights and provide this information (social work centres, victim assistance NGOs).

Is there a special helpline or website I can use?

See above.

Can I get legal aid (help from a lawyer) when preparing the claim?

Free legal aid is not possible in these cases.

Under the rules on general administrative procedure, however, the official person must respect the principle of protecting the rights of the claimant, which means that the official must allow the claimant to exercise their rights, to warn them in this regard, invite them to complete the claim and provide explanations, while ensuring that claimant’s ignorance or lack of knowledge does not harm their rights.

Are there any victim support organisations that can help me claim compensation?

Yes, some NGOs offer assistance in enforcing the rights of victims (e.g. Non-Violent Communication Society (Društvo za nenasilno komunikacijo)).

Last update: 17/01/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Slovakia

Which type of crime can I get compensation for?

The law arranges one-off financial compensation for people who have been injured as a result of premeditated violent crimes; other crimes are not subject to compensation. The crimes involved are, in particular, murder and bodily harm. The law considers the crimes of sexual abuse, sexual violence and rape as a specific category of offence, for which compensation for moral injury is awarded.

Which type of injury can I get compensation for?

Victims of violent crime are compensated only to the extent of bodily harm (compensation for pain and suffering, and diminished social function). For the offences of rape, sexual abuse and sexual violence, the law provides for compensation for moral injury.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

If a person has died as a result of a violent crime, under law the relatives of that person also have the option of claiming compensation, namely the surviving spouse and the surviving children of the deceased, and if there are no children, the surviving parents of the deceased, and if there are no parents, the person to whom the deceased had a maintenance obligation.

Can I get compensation if I’m a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

No, in this case the law does not allow compensation for the relatives of the crime victim.

Can I get compensation if I’m not a national of an EU country?

Compensation may be claimed by a victim who is a citizen of the Slovak Republic or a citizen of another Member State or a stateless person having permanent residence in the territory of the Slovak Republic or in another Member State, or a foreign national under the conditions and to the extent stipulated by an international treaty ratified and promulgated in the manner provided for by the law, if the bodily harm occurred in the territory of the Slovak Republic.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

No, the Slovak legal code does not allow for such a procedure. Compensation may be claimed only if the bodily harm occurred in the territory of the Slovak Republic.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Compensation may be claimed only if the outcome of the investigation indicates that a crime has been committed and that it was the cause of bodily harm. Therefore, compensation can only be provided if criminal prosecution has first taken place, but it is not important whether this is based on the victim’s report or other instigation.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

Yes, submitting a claim for compensation is conditional on the existence of a lawful decision by which the offender has been found guilty of committing a crime that caused bodily harm to the victim, or of a judgment by which the defendant has been acquitted, since he or she is not criminally responsible on the grounds of insanity. If the offender whose crime caused the bodily injury to the victim is not known, his or her whereabouts are unknown, or his or her criminal prosecution is prevented by a lawful impediment, the victim may seek compensation on the basis of a decision by the competent authority setting out the abovementioned facts. In such a case, however, the outcome of investigation or summary investigation by criminal prosecution bodies must not give rise to reasonable doubts as to whether the crime by which bodily harm was caused to the victim occurred.

Do I have to first seek compensation from the offender – if they have been identified?

Filing an application for compensation from an offender is not a condition for claiming compensation, but if the victim does not take measures to receive compensation from the offender, the deciding authority may reduce the amount of compensation awarded.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

If the offender whose crime caused the bodily harm to the victim is not known, his or her whereabouts are unknown, or his or her criminal prosecution is prevented by a lawful impediment and the victim’s bodily harm has not otherwise been fully compensated, the victim may claim compensation if the outcome of investigation or summary investigation by criminal prosecution authorities does not raise justified doubts as to whether the crime by which bodily harm was caused to the victim actually occurred. The claim must be supported by the lawful decision of the criminal prosecution authority or court that last considered the matter proving the abovementioned facts.

Is there a time limit within which I have to claim compensation?

The claim must be filed within 6 months from the entry into force of the criminal conviction of the offender. If the offender is not known or his or her criminal prosecution is prevented by a lawful impediment, the claim must be filed within 6 months from the entry into force of the decision by the criminal prosecution authority or court that last considered the matter.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

Compensation is paid solely to the extent of bodily harm (compensation for pain and suffering, and diminished social function), and to the extent of moral injury in statutory cases. Compensation does not include other loss or expenses.

(a) For the victim of the offence:

– Material (non-psychological) damage:

  • medical costs of injury (medical treatment — outpatient and hospital treatment, recovery),
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.),
  • permanent injury (e.g. invalidity and other permanent disabilities),
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.),
    • loss of opportunity,
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs),
    • compensation for stolen or damaged personal property,
    • other.
– not applicable

– Psychological (moral) damage:

  • pain and suffering of the victim — compensation for moral injury for the crimes of rape, sexual abuse and sexual violence

(b) For eligible persons or relatives of a victim:

– Material (non-psychological) damage:

  • funeral costs,
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation),
  • loss of maintenance or of opportunity.
– not applicable

– Psychological damage:

  • pain and suffering of relatives or eligible persons/compensation to survivors if the victim died — survivors of a victim of a violent crime who died are paid compensation at the statutory maximum of 50 times the minimum wage at the time when the offence was committed. This concerns a claim that is distributed proportionately among all entitled survivors.

Is the compensation paid out in a single payment or monthly instalments?

Compensation is paid in one payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Any record in the criminal register has no impact on receiving compensation from the Slovak Republic. The deciding authority may reduce the compensation if the victim is jointly culpable for the bodily harm or does not take measures to receive compensation directly from the offender.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

The financial situation of the victim has no impact on the decision on compensation.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

The amount of compensation may be affected by the extent of the victim’s culpability for the bodily harm or the fact that the victim has not taken measures to receive compensation directly from the offender.

How will the compensation be calculated?

If the bodily harm has been recognised by court judgment, compensation is based on the extent of bodily harm stated in the judgment; otherwise, if bodily harm is involved, the provisions of special legislation governing the provision of compensation for pain and suffering, and for diminished social function, apply commensurately to the calculation of compensation. Compensation for moral damage in the case of the crimes of rape, sexual violence or sexual abuse is ten times the minimum wage (at the time when the harm occurred) and compensation for moral injury to the relatives as appropriate.

Is there a minimum/maximum amount that can be awarded?

The law does not provide for a minimum amount of compensation. The maximum amount of compensation is set at 50 times the minimum wage at the time when the offence was committed (note: currently € 21 750).

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

If the bodily harm was recognised as part of a criminal conviction, the determination of the amount of compensation is based on this judgment. Otherwise, a medical report that also contains the data necessary to determine the specific amount of compensation is required. The rules for determining the amount of compensation are specified by legislation governing the rules for calculating bodily harm in general, not only for the purpose of compensating victims of violent crimes.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes, compensation is provided only on the assumption that the harm has not been otherwise compensated (for example, from a private insurance scheme or directly by the violent offender).

Can I get an advance on the compensation? If so, under what conditions?

An advance on the compensation is not possible.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

Such a procedure is possible; the victim may seek compensation again (for example, in the context of a change in situation or a deterioration in the state of health), but the application must also be filed within the base period (i.e. within 6 months from the entry into force of the criminal conviction by which the offender was found guilty, and if the offender is not known or his or her criminal prosecution is prevented by a lawful impediment, within 6 months from the entry into force of the decision of the criminal prosecution authority or court that last considered the matter). However, the total amount of compensation in the same case may not exceed 50 times the minimum wage.

What supporting documents do I need to include with my claim?

  • the final judgment or decision of the criminal prosecution authority that last considered the matter; if the victim cannot attach the decision, he or she should indicate the criminal prosecution authority or court that last considered the crime and, simultaneously, provide information about the person suspected of committing the offence that caused bodily harm to the victim, if that person is known to the victim,
  • documentation of the bodily harm caused to the victim by the crime, including details of the extent to which it has already been compensated, or the extent to which it is justified to assume that it will be compensated, or evidence of decisions on compensation for bodily harm not yet executed, as well as information on measures the victim has taken to receive compensation from the offender whose crime caused the bodily harm to the victim,
  • a document proving the relationship of relatives and the group of eligible persons if the crime caused the victim’s death,
  • a document proving the maintenance obligation of the deceased person or the provision of maintenance by the deceased if it is a person to whom the deceased had a maintenance obligation.

Are there administrative or other charges to be paid when the claim is received and processed?

Compensation proceedings are not subject to charges.

Which authority decides on compensation claims (in national cases)?

The Ministry of Justice of the Slovak Republic decides on claims for compensation.

Where do I send the claim (in national cases)?

The claim should be sent to: Ministerstvo spravodlivosti Slovenskej republiky, Župné námestie 13, 813 11 Bratislava

Do I need to be present during the procedure and/or when my claim is being decided?

The victim is not required to participate.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The Ministry of Justice of the Slovak Republic is obliged to decide on the claim for compensation within 6 months.

If I’m not satisfied with the authority’s decision, how can I challenge it?

If the Ministry of Justice of the Slovak Republic does not satisfy the claim or only upholds it in part, the victim may seek compensation by court action against the Slovak Republic, represented by the Ministry of Justice of the Slovak Republic, no later than one year from the date of delivery of the decision on the claim.

Where can I get the necessary forms and other information on how to claim?

At the website of the Ministry of Justice of the Slovak Republic Link opens in new windowhttp://www.justice.gov.sk/Stranky/default.aspx Each victim is informed about the possibilities and conditions of receiving compensation from the Slovak Republic in the framework of criminal proceedings by the investigative authorities.

Is there a special helpline or website I can use?

Information on compensation for crime victims is published on the website of the Ministry of Justice of the Slovak Republic (Link opens in new windowhttp://www.justice.gov.sk/Stranky/Nase-sluzby/Trestne-pravo/Informacie-pre-obete-trestnych-cinov.aspx). Simultaneously, when a victim is heard in criminal proceedings, he or she receives information about organisations providing aid and support to victims (along with contact details).

Can I get legal aid (help from a lawyer) when preparing the claim?

There is no legal aid specifically for the purpose of claiming compensation. It is possible to use general legal assistance provided by the State from the Legal Aid Centre. In addition, the Ministry of Justice of the Slovak Republic itself provides basic guidance for claiming compensation.

Are there any victim support organisations that can help me claim compensation?

Yes, there are organisations that provide aid and support to victims of violent crimes, but these currently operate independently from the State.

Last update: 16/01/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Finland

Which type of crime can I get compensation for?

If you (or a close relative) are the victim of a crime in Finland, you may be paid compensation from State funds for the damage caused by the crime. The right to compensation is not limited by the nature of the crime.

If criminal damage has been caused by the use of a motor vehicle in traffic, the compensation will primarily be paid out from the insurance policy on the vehicle that caused the damage, pursuant to the Motor Liability Insurance Act (liikennevakuutuslaki).

Which type of injury can I get compensation for?

Compensation may be paid out for personal injury and suffering caused by a crime.

'Personal injury' means disruption to one's state of health that can be verified by medical means. Such disruption could be physical or psychological.

'Suffering', on the other hand, means a feeling of mental anguish caused by the event in question and which does not require medically proven disruption to one's state of health.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

You may be entitled to compensation if a close relative has died as a result of a crime. 'Close relative' means the parent, child or spouse of the deceased, or another person particularly close to the deceased.

If you have shouldered the responsibility for burying a person who has died as a result of a crime, you are entitled to compensation for reasonable costs incurred for the burial.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

If a person who is particularly close to you has been the victim of a crime, you may be compensated for the reasonable, essential costs and loss of earnings incurred for your care of that person. 'Close relative' means the parent, child or spouse of the person who has suffered a personal injury, or another similarly close person.

Can I get compensation if I'm not a national of an EU country?

If you have been a victim of a crime in Finland, you will generally have the right to compensation regardless of your nationality or where you live. Compensation may be refused, however, if your home was not in an EU country at the time of the crime or at the time when compensation was claimed and if the damage otherwise has a minor connection with Finland.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

If you have a place of residence in Finland, you can also receive compensation in some circumstances for personal injury and suffering caused by a crime committed abroad.

Compensation may be paid out if your stay abroad was for work, study or another similar reason. Compensation may also be granted on a discretionary basis in other cases involving damage sustained abroad. In such cases, the factors to be considered will include what the connection is between the crime and Finland, the closeness of the relationship between the perpetrator and the victim of the crime, the nature of the damage, and your options for obtaining compensation elsewhere.

Do I have to have reported the crime to the police first, to be able to claim compensation?

You must report the crime to the police. If the crime has not been reported or the police have not otherwise been made aware of the crime, compensation may only be paid out for special reasons.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

You may submit a claim for compensation before the preliminary investigation has been completed or the court proceedings have ended. However, your claim may only be decided upon once the preliminary investigation has been completed. If charges have been brought, the matter may generally only be decided upon once the criminal case and compensation claims have been ruled upon by the court.

Do I have to first seek compensation from the offender – if they have been identified?

If the criminal case is heard by a court, you should endeavour to have your right to compensation upheld by means of a judgment. This means that you should present a claim for compensation against the offender during the court proceedings. Compensation for criminal damage is not generally paid out if you have failed to fulfil this obligation.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You may apply for compensation even if the offender has not been identified. You must enclose a copy of the police record from the preliminary investigation, or other reliable evidence of the events, with your compensation claim.

Is there a time limit within which I have to claim compensation?

You must apply for compensation within three years of the date on which a judgment with legal force is issued concerning the compensation case. If the case has not been heard in court, compensation must be claimed within ten years of the date on which the crime was committed. There is only flexibility with these deadlines in special circumstances.

Which losses and expenses are covered by the compensation?

For example, does it cover the following?

a) For the victim of the offence:

– Material (non-psychological) damage:

  • medical costs of injury (medical treatment – ambulant and hospital treatment, recovery)  -medical costs are covered.
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.) -other essential costs are covered.
  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.) - loss of earnings is covered at no more than EUR 150 a day.
    • loss of opportunity - when determining the compensation, consideration may also be given in special circumstances to the potential development in the applicant's earnings (for example in the case of a person injured when young).
    • expenses linked to legal proceedings related to the incident causing the damage (such as legal fees, court costs) - reasonable compensation may be paid out for legal costs if the compensation case was heard by a court and you have sustained other damage that needs to be compensated for.
    • compensation for stolen or damaged personal property - customary personal effects (e.g. spectacles, wristwatch and mobile telephone) that are damaged in conjunction with the personal injury are covered.
      • in other cases, compensation for damage to objects and other property is only paid out under special conditions.

– Psychological (moral) damage:

  • pain and suffering of the victim - covered.
    • temporary psychological problems
    • mental suffering, if damage has been caused
      • in the event of sexual crime
      • in the event of other crimes against freedom
      • in the event of a crime that has violated the personal integrity of the victim in a particularly severe way

b) For entitled people or relatives of a victim:

– Material (non-psychological) damage:

  • funeral costs - funeral costs such as those incurred for acquiring a coffin, burial plot and gravestone and for organising a memorial event are covered. As a particularly close person, you may also receive compensation for costs incurred for participation in the funeral (cost of travel to the funeral, floral arrangement and mourning clothes).
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation) - if the death of a close relative caused you a personal injury, you may be paid compensation for medical costs incurred as a result of that injury, as well as other essential costs and loss of earnings. A limit is set for the compensation, which is a maximum amount of EUR 6 000 (in 2018).
  • loss of maintenance or of opportunity - if you were a dependant of the deceased, you may be paid compensation for the loss of maintenance.

– Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died - no compensation is paid to the close relatives of a crime victim for temporary problems or mental anguish.

Is the compensation paid out in a single payment or monthly instalments?

Compensation is generally paid out as a single payment, with the exception of continuous compensation for loss of earnings and loss of maintenance. Those types of compensation are most often paid out in the form of repeated, monthly payments.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The amount of compensation to be awarded may be reduced if you have contributed to causing the injury through your own actions. For example, a reduction may be made if you started a fight that resulted in you being injured. On the other hand, any criminal record that you might have will not affect your chance of receiving compensation or the amount you receive.

In order to receive compensation, you must send the documents requested by the State Treasury (Valtiokonttori) so that your criminal-injury case can be processed. Your compensation claim may be rejected if you do not submit the necessary evidence.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

As a general rule, your financial situation does not affect whether you will receive compensation or the amount of compensation to be paid out.

When the compensation decision is made, your financial situation is only taken into account if you have applied for compensation for considerable damage to items or to your finances on the grounds that you were helpless to prevent the damage from occurring.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

If the compensation case is heard by a court, compensation is generally paid out in accordance with the court ruling. If the State Treasury deviates from the ruling handed down by the court in the compensation case, it will provide justification of the reasons for such deviation for you in its decision.

The offender will be obliged to pay you the compensation ordered by the court. The right to obtain compensation from the offender will, however, be transferred to the State to the extent that the State Treasury has awarded you compensation.

How will the compensation be calculated?

Medical costs and other costs are compensated for if they are essential and have a causal relationship with the damage or injury caused.

When determining the amount of compensation to be paid out for aches, pains and other temporary problems, consideration is given to the nature and severity of the damage or injury caused to you as well as the prevailing compensation practices. The amount of compensation to be paid out may not exceed the upper limit defined by law.

'Suffering' means the feeling of personal anguish caused to you as a result of an illegal offence. The compensation to be paid out will be determined based on the nature of the act in question. The amount of compensation will also be subject to the compensation limits defined by law.

An estimate of the earnings that you would have received if the crime had not been committed is taken as the starting point for determining any loss of earnings. Any income and benefits that you have received or could have received regardless of the damage or injury are deducted from that amount. The amount of compensation to be paid out may not exceed the maximum daily amount defined by law.

A basic deduction is made from the total amount of compensation for problems and suffering to be awarded. The amount of the basic deduction is EUR 220 for a crime committed in 2018.

No interest is paid on the compensation awarded.

Is there a minimum/maximum amount that can be awarded?

There is no minimum amount that can be awarded.

The total amount of compensation that you may be paid for personal injury and suffering caused by a crime is a maximum of EUR 61 500. Moreover:

  • the compensation to be paid for aches, pains and other temporary problems may be no more than EUR 12 000;
  • the maximum compensation to be paid for suffering is EUR 3 600; nevertheless, the maximum compensation to be paid for the suffering of victims of sexual crime is EUR 9 500, or EUR 16 200 if the victim was under eighteen years of age at the time of the crime;
  • the compensation to be paid to a close relative of a deceased person is generally a maximum of EUR 6 000;
  • the compensation to be paid for loss of earnings may be no more than EUR 150 a day.

The maximum compensation for each injury or damage does not apply to compensation for loss of earnings or maintenance when that compensation is paid on a continuous basis.

The maximum amount of compensation for damage to possessions and financial damage is EUR 31 000.

The maximum amounts of compensation to be paid to crime victims and the amount of the basic deduction are checked at three-year intervals. The next time that the amounts will be checked is at the beginning of 2021.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

The amount of compensation awarded may not be more than the amount you claim. You may claim reasonable compensation where necessary. You may also refer to the amounts confirmed in the court ruling that forms the basis for your compensation claim.

Where necessary, you can obtain advice concerning your criminal-injury case from our customer-service team and from the person processing your compensation claim.

Will any compensation I receive for my loss from other sources (such as my employer's or a private insurance scheme) be deducted from compensation paid by the authority/body?

The compensation to be paid from public funds is secondary. This means that you should apply for compensation elsewhere to begin with, for example from your health-insurance policy and insurance company. This compensation will be deducted from the compensation to be awarded to you.

Can I get an advance on the compensation? If so, under what conditions?

You may submit a written application for an advance compensation payment where necessary. An advance compensation payment may be made if the processing of your compensation case is delayed for reasons beyond your control and you are entitled to a significant amount of compensation.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

The State Treasury will re-examine the case if new evidence emerges. You may be awarded compensation that was previously refused, or a larger amount of compensation, on the basis of the new evidence.

What supporting documents do I need to include with my claim?

For example:

  • A valid power of attorney, if the attorney is someone other than a legal adviser or lawyer. A personal power of attorney is also required if you want the compensation due to you, as the applicant, to be paid to someone other than yourself;
  • Evidence of the burial costs claimed for, and the estate inventory deed and powers of attorney where necessary;
  • A copy of the ruling handed down by the court, or a copy of the police record of the preliminary investigation if there is no ruling;
  • Doctor's statement or medical report;
  • Evidence of all costs claimed for, if the case has not been heard by a court;
  • If claiming for loss of earnings, a doctor's statement attesting to your incapacity for work, a copy of the sickness-allowance decision, and evidence of the salary paid by your employer and the amount of earnings lost;
  • Any decisions and evidence of compensation received from a health-insurance policy, insurance company or elsewhere;
  • If claiming for legal expenses, the lawyer's wage calculation and any compensation decision by the insurance company;
  • If claiming for application costs, the lawyer's invoice and evidence of the legal aid granted or the legal adviser assigned;
  • If claiming for financial damage and damage to possessions to be compensated for on a discretionary basis, evidence of the illness, injury or other incapacitation and financial circumstances suffered as a result of the damage.

Are there administrative or other charges to be paid when the claim is received and processed?

You will not be charged any fees for processing your compensation case.

Which authority decides on compensation claims (in national cases)?

Your compensation claim will be processed by the State Treasury.

Where do I send the claim (in national cases)?

You can either send your claim electronically to Link opens in new windowrikosvahingot@valtiokonttori.fi or print out the form and post it to:

State Treasury

P.O. Box 50

00054 State Treasury, Finland

Do I need to be present during the procedure and/or when my claim is being decided?

The case will be processed by the State Treasury in writing. You will not be asked to appear in person during any stage of the process.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The average processing time is approximately seven months. You can find an up-to-date estimate of processing times on the State Treasury's website.

If I'm not satisfied with the authority's decision, how can I challenge it?

You can appeal in writing to the Insurance Court (Vakuutusoikeus) against a compensation decision that you have received within 30 days of the date when you were made aware of the decision. Guidelines on how to appeal are enclosed with the State Treasury's compensation decision.

Where can I get the necessary forms and other information on how to claim?

You can find the form for claiming compensation and further information about claiming on the State Treasury's website at Link opens in new windowhttp://www.valtiokonttori.fi/ You can also contact our customer-service team on +358 295 50 2736 or e-mail Link opens in new windowrikosvahingot@valtiokonttori.fi.

Is there a special helpline or website I can use?

You can find further information about compensation for criminal damage at Link opens in new windowhttp://www.valtiokonttori.fi/ You can also telephone the State Treasury if you need to. You can get help by calling +358 295 50 2736.

Can I get legal aid (help from a lawyer) when preparing the claim?

You can use a lawyer to claim compensation if you want to. However, you can only be paid compensation for the costs arising from making the claim if:

  • you have been granted legal aid or assigned a legal adviser for the hearing of the case by a court; or
  • the case has not been heard by a court but you satisfy the financial requirements for obtaining legal aid.

Are there any victim support organisations that can help me claim compensation?

You can get advice and support from Victim Support Finland (Rikosuhripäivystys) (RIKU), for example. You can find this organisation's contact details on its website at Link opens in new windowhttp://www.riku.fi/

Last update: 21/01/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Sweden

There are generally three different ways of obtaining compensation for injuries caused by crime. They are:

  • damages that the offender is required to pay;
  • compensation under private, collective or public insurance policies;
  • State compensation for criminal damage.

There are differences between the rules that apply to the different types of compensation. The following information only applies to State compensation for criminal damage.

Which type of crime can I get compensation for?

In principle, compensation for criminal damage can be awarded for all types of crime, but the compensation options vary depending on the type of damage or injury.

Compensation for personal injury can be awarded for all kinds of crime, if the injury is a natural consequence of the crime.

Compensation can also be awarded for an injury that means someone seriously hurts another person through a crime involving an attack on the victim's person (e.g. assault or rape), freedom (e.g. unlawful deprivation of liberty) or peace (e.g. unlawful threat).

Compensation for material damage (e.g. through theft or damage to property) or purely financial damage (e.g. through fraud) is only awarded in certain cases.

Children who have witnessed a crime intended to harm the safety and confidence of the child in relation to a close relative may also be awarded compensation for damages.

Which type of injury can I get compensation for?

Compensation can be awarded for personal injury and harm, and to children who have witnessed crimes committed between close relatives. In some exceptional cases, compensation can be awarded for material damage or purely financial damage.

In the case of personal injury, compensation may be awarded for:

  • medical costs and other costs for the injured person and, to a reasonable extent, to a close relative of the injured person;
  • damage to clothes, spectacles and similar items worn by the injured person at the time when the injury was sustained;
  • loss of earnings;
  • temporary physical and mental suffering (pain and suffering);
  • permanent physical and mental suffering (deformity or other permanent injury).

If a personal injury has resulted in death, compensation may be awarded for:

  • burial costs and also, to a reasonable extent, other costs resulting from the death;
  • loss of maintenance (under certain conditions);
  • personal injury affecting a close relative of the deceased as a result of the death.

Other benefits to which the injured person is entitled (e.g. welfare benefits, pension, or compensation from their employer) are deducted when determining compensation for loss of earnings and maintenance.

In the case of a crime targeting the victim's person, freedom or peace involving a serious violation of personal integrity, compensation may be awarded for the violation.

Compensation for material damage, e.g. stolen or damaged property, is only awarded in exceptional cases. Such compensation may be awarded if the crime was committed by someone who was in enforced societal custody, e.g. as an inmate of a prison, detention centre or institution (known as fugitive cases). Compensation may also be awarded in particularly distressing cases where the opportunities for the injured party to earn a living have been seriously worsened by the injury or where compensation appears to be particularly important for other reasons.

Compensation is awarded very rarely for purely financial damage, e.g. in relation to fraud or embezzlement. Compensation may only be relevant for fugitive cases if there are special reasons, or in particularly distressing cases where the opportunities for the injured party to earn a living have been seriously worsened by the injury or where compensation seems to be particularly important for other reasons.

Compensation for children who have witnessed a crime intended to harm the safety and confidence of the child in relation to a close relative is usually awarded where the child in question has seen or heard violence or threats between parents or other close relatives with whom the child has a close, trusting relationship.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, compensation can be awarded as explained above. In the event of injury to a close relative of the deceased, standardised compensation is usually paid out for pain and suffering.

The people who can obtain compensation for injury are usually the partner, parents and children of the deceased, as well as siblings who lived with the deceased. Adult siblings who did not live with the deceased are not usually entitled to compensation.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Where an injury has not resulted in death, compensation may be awarded in certain special cases for indirect injury to a person in a particularly close relationship to the injured party. Cases where such compensation may be relevant are where the injured party has sustained serious injuries and been in a life-threatening condition for a considerable period of time, or where the relative in question witnessed the incident in which the injury was sustained and this caused mental injury to the relative.

The people who may be entitled to compensation are the same as when the injured party dies as a result of a crime.

Can I get compensation if I'm not a national of an EU country?

If the crime was committed in Sweden, compensation may be awarded regardless of the injured party's nationality or country of residence. If, however, the crime and the injured party have such a weak link to Sweden that it is not reasonable for the Swedish State to compensate for the injury, no compensation will be paid. This exception is applied in a restrictive way. The exception is also not applicable to a citizen of another EU country who is exposed to wilful, violent crime in Sweden.

Can I claim compensation from this country if I live here or am from here (this is the country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so, under what conditions?

Yes; if you live in Sweden you can apply for compensation in Sweden, even if the crime was committed in another country, either within or outside the EU.

The principle is that criminal damage must firstly be compensated for in the country where the crime was committed. If the damage cannot be compensated for at all or in full in that country, an injured party living in Sweden can instead have the right to compensation for criminal damage from the Swedish State.

If the crime is committed in another EU country and compensation can be awarded for the crime in question in that country, the Swedish Crime Victim Compensation and Support Authority (Brottsoffermyndigheten) can help a person applying for compensation in Sweden in addressing the country where the crime was committed. Under certain conditions, Swedish compensation may be paid out before the right to compensation has been assessed in the other EU country.

If compensation for damage cannot be paid out in the other EU country, the right to compensation will instead be assessed under the Swedish rules.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes; the crime must be reported to the police, and the injured party is also required to have assisted the police with their enquiries.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

Yes; compensation can very rarely be awarded before a police investigation and a judicial review is finished.

Do I have to first seek compensation from the offender – if they have been identified?

In principle, if the offender is known, the offender needs to have been convicted of the crime in order for State compensation to be payable. It is also the person who caused the damage who must provide compensation for it in the first place, and in principle this means that a claim must first be lodged against the offender. If, on the other hand, investigation clearly shows that the offender is not able to pay the damages, compensation may be paid out without the injured party first having to request it from the offender.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes; if the offender has not been identified and the police investigation has therefore been closed, you may be entitled to compensation. In cases like this, the assessment of the crime and the right to compensation will largely be based on the content of the police report. In addition to this, the injured party is also required to produce evidence showing the damage or injury that occurred as a result of the crime.

Is there a time limit within which I have to claim compensation?

Yes; there is an application deadline of three years, which is calculated as follows:

If there is a judgment in relation to the crime, the application must be lodged within three years of the date when the judgment took legal effect (could no longer be appealed against).

If the police investigation has been closed, the application must be lodged within three years of the date on which the decision was made to close the investigation.

If no police investigation was launched, the application must be lodged within three years of the date of the crime.

Children who were exposed to crime before the age of 18 have the right to apply for compensation up until their 21st birthday.

Which losses and expenses are covered by the compensation?

For example, the compensation covers:

a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment – ambulant and hospital treatment, recovery)

Yes, in so far as compensation is not awarded from other sources.

  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.)

Yes, in so far as compensation is not awarded from other sources.

  • permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.)

    Yes, in so far as compensation is not awarded from other sources.

    • loss of opportunity

    No, nothing other than compensation for loss of earnings or future loss of earnings (annuity).

    • expenses linked to legal proceedings related to the incident causing the damage (such as legal fees, court costs)

    No

    • compensation for stolen or damaged personal property

Compensation may be awarded for damaged or destroyed clothes, spectacles and similar items worn by the injured person at the time of sustaining the injury.

In other cases, the options for compensation for damage to property are very limited; please see section 1.2 above.

  • Other.

- Psychological (moral) damage:

  • pain and suffering of the victim.

Yes. In addition to compensation for pain and suffering, compensation may also be awarded for a violation where a crime targeting the victim's person, freedom or peace may have involved a serious violation of the injured party's personal integrity.

b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs

Yes, in so far as compensation is not awarded from other sources.

  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)

Yes; if the crime resulted in death and involved personal injury to someone particularly close to the deceased, compensation may be awarded if it is not obtained from other sources. Please also see sections 1.3 and 1.4.

  • loss of maintenance or of opportunity

Loss of maintenance may be compensated for under certain conditions.

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died.
Yes; please see section 1.3 above.

Is the compensation paid out in a single payment or monthly instalments?

Compensation is usually paid out in a single payment. Compensation for any permanent injuries must often be adjusted at a later date when it becomes clear that the injuries are permanent. Long-term loss of earnings is usually adjusted once a year in arrears. If, the injury has caused the injured party a disability that has permanently reduced their ability to work, they may, under certain conditions, be entitled to compensation for future loss of earnings in the form of an annuity, in which case monthly payments are made.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The compensation may be reduced or refused completely if the injured party's behaviour has increased the risk of injury, whether in connection with the crime or otherwise intentionally or negligently. The compensation is usually adjusted in this way if the crime was caused by the injured party's own criminal activity or is linked to drugs, or if the injured party behaved provocatively in connection with the crime.

The injured party is also required to have cooperated with the police investigation to a reasonable extent. The injured party must also contribute to the compensation procedure of the Swedish Crime Victim Compensation and Support Authority by providing information and submitting the documents required for the assessment. No compensation may be awarded if the claimant has not cooperated with the police investigation. The same applies if the claimant has not contributed to the compensation case.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

With regard to compensation for personal injury and violations, the injured party's financial situation does not affect the right to compensation or the amount of compensation awarded. In the case of damage to property and purely financial damage, the financial situation of the injured party may affect the right to compensation and the amount of compensation awarded for criminal damage in some cases.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

State compensation for criminal damage is subsidiary to any other compensation to which the injured party may be entitled as a result of the damage or injury caused. This means that any other compensation must be deducted from the compensation for criminal damage. For example, this applies to damages that are paid out or considered to be payable and any insurance compensation to which the injured party is entitled.

How will the compensation be calculated?

The compensation will be calculated in accordance with the rules laid down in the Criminal Injuries Compensation Act (brottsskadelag) and the Tort Liability Act (skadeståndslag). Entitlement to compensation for criminal damage is more restricted than entitlement to tort damages in certain respects. The principle is that the compensation must constitute a form of reparation and, as far as possible, place the injured party in the same financial situation as if the damage or injury had not occurred.

All of the essential, reasonable costs are covered, as well as any loss of earnings resulting from the damage or injury. There is an upper limit for the compensation; please see section 1.18.

Compensation for pain and suffering is paid out according to tables – the normal amount during sick leave is approximately SEK 2 400 per month (2017), but a higher level of compensation may be awarded, for example in the case of treatment in an intensive-care unit. For certain crimes – where the injury has resulted in death (compensation to relatives) and in the case of rape – there is also a presumption of personal injury, which means that this does not need to be proven. In these cases, certain templates are applied to compensation for pain and suffering; they are SEK 50 000 in the event of wilfully causing death, SEK 25 000 in the event of inadvertently causing death, and SEK 15 000 in the event of rape.

Compensation for permanently disabling injuries is determined using tables and based on a doctor's assessment of the extent of disability and the age of the applicant.

Compensation for permanent disfigurement is determined using tables and based on how visible the disfigurement in question is, where it is located, and the age of the injured party.

Compensation for a violation is determined based on the objective circumstances of the crime and irrespective of the subjective experience of the injured party. In practice, for example, the compensation may be SEK 5 000 – 20 000 for an unlawful threat, SEK 5 000 – 100 000 for assault, SEK 100 000 for rape, and SEK 100 000 – 150 000 for attempted murder.

A basic deduction of SEK 1 500 (in 2017 prices) is then made from the total amount of compensation.

Is there a minimum/maximum amount that can be awarded?

The lowest amount of compensation that can be awarded is SEK 100 (following the basic deduction).

The maximum amount of compensation that can be awarded for personal injury, including pain and suffering, is SEK 896 000 (data for 2017). Compensation for an annuity may also be awarded under certain conditions.

The maximum amount of compensation that can be awarded for material damage and purely financial damage is SEK 448 000 (in 2017 prices).

There is no upper limit for compensation relating to a violation.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes – with regard to financial losses such as medical costs or loss of earnings, the injured party is required to specify the amount or send evidence clearly showing the extent of the damages.

No amount needs to be specified for moral compensation (pain and suffering, violation, permanent injury, and compensation to children who have witnessed a crime).

Will any compensation I receive for my loss from other sources (such as my employer's or a private insurance scheme) be deducted from compensation paid by the authority/body?

Yes – the State compensation for criminal damage is only awarded to the extent that the damage has not been covered by other types of compensation to which the injured party is entitled.

Can I get an advance on the compensation? If so, under what conditions?

No; there is no possibility of having compensation paid out in advance.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

Yes, provided that the claim is not time-barred, which usually happens ten years after the decision has been made.

What supporting documents do I need to include with my claim?

An original power of attorney must be submitted if the applicant is represented by a legal representative. The costs must usually be supported with the original invoices. It is also an advantage if the applicant in general submits the material listed above which is relevant to the damage or injury in question.

The Swedish Crime Victim Compensation and Support Authority will obtain the documentation required for assessing the right to compensation and the amount of any such compensation in so far as the necessary documents are not enclosed. This will be done by virtue of the mandate given to the authority by the applicant when submitting the claim. If the authority cannot itself obtain the information and documents required, the applicant will instead be given an opportunity to provide them.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Swedish Crime Victim Compensation and Support Authority

Where do I send the claim (in national cases)?

The Swedish Crime Victim Compensation and Support Authority, P.O. Box 470, 901 09 UMEÅ, Sweden.

Please note that the claim must be submitted using a special form. Forms are available on the website of the Swedish Crime Victim Compensation and Support Authority at www.brottsoffermyndigheten.se.

A claim may also be submitted electronically if the claimant has a Swedish electronic banking ID. A claim may be submitted in this way via the www.brottsoffermyndigheten.se website.

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The processing time varies depending on the authority's current workload. The time may also vary depending on how complicated a case is. The average processing time is currently around three months (in 2017).

If I'm not satisfied with the authority's decision, how can I challenge it?

Decisions by the Swedish Crime Victim Compensation and Support Authority cannot be challenged, but the authority can change its decision upon request or on its own initiative if new circumstances come to light or if there are other grounds for doing so. A decision cannot be changed to the detriment of the claimant.

A claimant who is dissatisfied with the decision can send a written request to the authority for the case to be re-assessed. The desired change and the reasons for it should be specified in the request. Any supplementary material should be submitted together with the request.

Where can I get the necessary forms and other information on how to claim?

Information and application forms can be found on the website of the Swedish Crime Victim Compensation and Support Authority at Link opens in new windowhttps://www.brottsoffermyndigheten.se/. Information about compensation and how to submit a claim is available in several languages, and application forms are available in English.

You can also call the Swedish Crime Victim Compensation and Support Authority helpline on +46 90 70 82 00, which is open 09:00-15:00 on weekdays. The helpline can offer advice in Swedish and English.

Is there a special helpline or website I can use?

In addition to the above, information on legal proceedings can be found at Link opens in new windowhttp://www.rattegangsskolan.se/, and in English at Link opens in new windowhttp://www.courtintroduction.se/.

Age-appropriate information aimed at children up to the age of 18 can be found at Link opens in new windowhttps://www.jagvillveta.se/. You can also find information in several languages there.

Can I get legal aid (help from a lawyer) when preparing the claim?

The claim application is easy to fill out, and you can contact the Swedish Crime Victim Compensation and Support Authority for help if you have any problems. Compensation for a legal representative's costs will only be awarded if there are particular grounds for doing so.

Are there any victim support organisations that can help me claim compensation?

The local victim-support centre can offer you help with your claim application. You can find your local victim-support centre via the Victim Support Sweden (Brottsofferjouren) website at Link opens in new windowhttp://www.brottsofferjouren.se/ or call +46 (0)200-21 20 19 for help.

Last update: 17/01/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - England and Wales

Which type of crime can I get compensation for?

You can apply for compensation if you are a blameless victim of a violent crime, or if your loved one has died as a result of a violent crime. Link opens in new windowAnnex B of the Scheme lists what is and what is not a crime of violence for the purposes of the Scheme. Compensation is also available to those injured whilst taking an exceptional and justified risk for the purposes of preventing or containing a crime including apprehending a suspected offender.

Which type of injury can I get compensation for?

You can apply for compensation for:

  • mental or physical injury;
  • sexual or physical abuse
  • a fatality payment

Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

If you are a close relative of a person who dies as a result of their injuries, you may be able to apply for a payment. To be eligible for such payments you must be what the Scheme calls a ‘qualifying relative’.

A qualifying relative is a person who at the time of the deceased’s death was:

  • the spouse or civil partner of the deceased, who was living with the deceased in the same household;
  • the partner of the deceased (other than a spouse or civil partner), who was living with them in the same household and had done so for a continuous period of at least two years immediately before the date of the death;
  • a person who would satisfy the bullet points above but who did not live with the deceased because of either person’s ill-health or infirmity;
  • the spouse or civil partner, or a former spouse or civil partner, of the deceased who was financially dependent on the deceased;
  • a parent of the deceased; or
  • a child of the deceased.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

You may be eligible to make a claim for a mental injury if you witnessed, and were present at, an incident in which a loved one was injured as the result of a crime of violence. You may also be eligible if you were involved in the immediate aftermath of an incident in which a loved one was injured.

If you are claiming a payment because you witnessed, or were involved in the immediate aftermath of the injury of a loved one, you must have suffered a mental injury as a result. We will need medical evidence from a psychiatrist or a clinical psychologist confirming that this is the case.

The relatives likely to qualify are listed above.

Can I get compensation if I'm not a national of an EU country?

You will only be eligible for a payment from this compensation Scheme if you meet one of the residency, nationality or other requirements under Link opens in new windowparagraph 10. This means that you must have been ordinarily resident in the UK on the date of the incident or one of the conditions in paragraphs 11 or 13 of the Scheme is met.

You will also be eligible for compensation if you are a national of a member state of the European Union (EU), the European Economic Area (EEA) or the Council of Europe Convention on the Compensation of Victims of Violent Crime. Special provisions apply to potential victims of human trafficking and people who have made applications for asylum. The criteria in full is contained in Link opens in new windowparagraph 10 of the Scheme.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

Compensation is payable under the Scheme for incidents that occur in Great Britain (Scotland, England and Wales).

If you are a United Kingdom (UK) resident and were injured as a result of a crime of violence in another country which is part of the European Union (EU) we can help you apply for compensation from that country. Please call our EU Assistance Team on 0300 003 3061 or email Link opens in new windoweucat@cica.gsi.gov.uk

If you were injured outside the EU, you may be able to apply under a similar scheme operated by the country concerned. Please contact the Foreign and Commonwealth Office for more information. Details can be found on Link opens in new windowhttp://www.gov.uk

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes. If the crime for which you are seeking compensation has not been reported to the police we cannot make a payment. It is a requirement of the Scheme that all incidents, for which a claim is made, be reported to the police.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No. You do not need to wait for the outcome of any police investigations or a criminal trial before making a claim.

Do I have to first seek compensation from the offender – if they have been identified?

The Scheme is intended to be one of last resort. Where the opportunity exists for you to pursue compensation elsewhere you should do so. We will expect you to take all reasonable steps to obtain any social security benefits, insurance payments, damages or compensation to which you may be entitled as a result of your injuries.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You may still be eligible for an award under the Scheme even if your assailant is not known, or is not convicted. We expect you to have co-operated fully with any police investigation. Decisions under the Scheme are made on the balance of probabilities.

Is there a time limit within which I have to claim compensation?

You must apply as soon as it is reasonably practicable for you to do so. If you were an adult at the time of the incident, this should normally not be later than two years after it occurred. We can only extend this time limit where:

• due to exceptional circumstances an application could not have been made earlier; and

• the evidence provided in support of the application means that it can be determined without further extensive enquiries by a claims officer.

Which losses and expenses are covered by the compensation?

(a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment — ambulant and hospital  treatment, recovery) - No, immediate medical costs are not covered by the scheme.
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, .adaptation of housing, special aids, etc.) - Payments can be made for these costs depending on the circumstances. You can only ask us to consider these special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks.
  • permanent injury (e.g. invalidity and other permanent handicaps) - Yes
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.) - Only where you have no or limited capacity to work as the direct result of a criminal injury for a period of more than 28 weeks;
    • loss of opportunity - Yes subject to our eligibility rules
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs) - No
    • compensation for stolen or damaged personal property - No
    • other - See the Scheme for our eligibility rules

- Psychological (moral)  damage:

  • pain and suffering of the victim - Yes subject to our eligibility rules

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs - Yes
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation) - No
  • loss of maintenance or of opportunity - Yes, where the victim has died, and subject to our eligibility rules

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died - You may be eligible to make a claim for a mental injury if you witnessed, and were present at, an incident in which a loved one was injured as the result of a crime of violence. You may also be eligible if you were involved in the immediate aftermath of an incident in which a loved one was injured. If you are claiming a payment because you witnessed, or were involved in the immediate aftermath of the injury of a loved one, you must have suffered a mental injury as a result. We will need medical evidence from a psychiatrist or a clinical psychologist confirming that this is the case.

Is the compensation paid out in a single payment or monthly instalments?

Wherever possible, we will settle claims by offering a single lump sum payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Your claim may be affected if:

  • you do not fully co-operate with the Police and the Criminal Justice System
  • you have an unspent conviction which attracted a custodial or community sentence.
  • your conduct contributed towards the incident;
  • your character as shown by criminal convictions or other evidence makes it inappropriate for an award to be made; or you do not fully co-operate with the CICA.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

The Scheme is not means tested.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

We cannot pay compensation in the following circumstances:

  • you sustained an injury before 1 August 1964.
  • the injury occurred outside of Great Britain.
  • you have already applied to the CICA for the same injury as a result of the same incident.
  • the assailant could benefit from an award.
  • the injury happened before 1 October 1979 and you and the assailant were living together as members of the same family.

Compensation will also be withheld or reduced where you have received compensation for the same injury from certain another sources including civil court damages.

How will the compensation be calculated?

The rules of the Scheme and the value of the payments awarded are set by Parliament and are calculated by reference to a tariff of injuries. The size of the award varies to reflect the seriousness of the injury.

Is there a minimum/maximum amount that can be awarded?

The minimum award we make is £1,000 and the maximum payment is £500,000.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

We will calculate any award payable.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

We will reduce an award if you received, or have an entitlement to, a payment for the same injury as a result of:

  • any other criminal injuries compensation award or similar payment;
  • an order for damages from a civil court;
  • the settlement of a damages claim; or
  • any compensation order or offer made during criminal proceedings.

Where special expenses are awarded we will reduce your payment to take account of social security benefits for the same injury and insurance paid, regardless of who paid the premium if you are claiming for items like adaptations to your home or personal care.

Can I get an advance on the compensation? If so, under what conditions?

Where we have decided that you are eligible for a payment but we cannot make a final decision then we may consider making an interim payment. If we are unable to make a final decision this is likely to be because we are waiting until the long term impact of your injury is understood.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

We may consider re-opening a claim after a final payment is made if:

  • a person who has accepted an award subsequently dies as a result of the criminal injury giving rise to the award; or
  • there has been so material a change in the medical condition of the applicant that allowing the original determination to stand would give rise to an injustice to the applicant.

We will not normally re-open a case unless it is within two years of the final decision. If you ask us to re-open a case more than two years after our decision, we will only consider this where you are able to give us enough evidence to make a decision on the case without the need for further extensive enquiries.

What supporting documents do I need to include with my claim?

The information we need from you will depend on the type of application you submit. The application process will indicate what information is required at that time. We will also write to you for any further information as we need it.

Are there administrative or other charges to be paid when the claim is received and processed?

It does not cost to submit an application for compensation. Where appropriate we will ask you to provide medical evidence. If there is a cost attached to obtaining the medical evidence then you may be expected to meet this. The cost of obtaining medical evidence will vary but you will not be expected to pay more than £50 in total.

Which authority decides on compensation claims (in national cases)?

The Criminal Injuries Compensation Authority.

Where do I send the claim (in national cases)?

Criminal Injuries Compensation Authority (CICA)
Alexander Bain House
Atlantic Quay
15 York Street
Glasgow
G2 8JQ

Tel.: UK: +44 (0)300 003 3601; (from outside the UK): +44(0)203 684 2517

Web: Link opens in new windowhttps://www.gov.uk/

Do I need to be present during the procedure and/or when my claim is being decided?

No, we will correspond with you.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The length of time needed to assess your claim will vary depending on how complicated it is. For example, claims involving loss of earnings will take longer than those only involving a payment under the tariff of injuries. The CICA will not finalise your claim until you confirm that you have recovered, as far as possible, from your injuries. We aim to resolve straightforward cases within 12 months of receipt.

If I'm not satisfied with the authority’s decision, how can I challenge it?

If you disagree with the original decision and want us to review it, you must send us your written application for a review within 56 days of the date of the original decision. You will need to enclose any additional evidence that you wish us to consider in support of your claim.

When we get your request for a review along with all your supporting information, a claims officer, other than the one who made the original decision, will consider it. The review decision can be more or less favourable than the original decision, or the original decision may be unchanged.

If you disagree with a review decision, you can appeal to the First-tier Tribunal (Criminal Injuries Compensation) in accordance with Tribunal Procedure Rules. You can find these rules on the First-tier Tribunal Link opens in new windowwebsite.

Where can I get the necessary forms and other information on how to claim?

You can apply for compensation via our Link opens in new windowwebsite which also has helpful information about the Scheme.

Is there a special helpline or website I can use?

The link to our website is above, and our Customer Service Centre advisors on +44(0)300 003 3601 can help. Please note the Customer Service Advisors will only conduct the discussion in English.

Can I get legal aid (help from a lawyer) when preparing the claim?

You do not need a paid representative such as a solicitor or claims management company to apply for compensation. If you choose paid representation we cannot meet the cost of this, and you will have to pay these costs yourself.

Are there any victim support organisations that can help me claim compensation?

You can contact the Link opens in new windowVictims Information Service for help with your application.

Last update: 07/05/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Northern Ireland

Which type of crime can I get compensation for?

The Northern Ireland criminal injuries Compensation Scheme is designed to compensate blameless victims of violent crime in Northern Ireland. The Criminal Damage Scheme is designed to compensate damage to property.

Which type of injury can I get compensation for?

We can make an award for a mental or physical injury following a crime of violence and for sexual or physical assault.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Yes, we can compensate a relative or dependant of a victim who has died as a result of a crime of violence.

A qualifying relative is a spouse or civil partner of the deceased, a parent of the deceased and a child of the deceased.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Yes, a relative of a crime victim can receive an award for mental injury if the victim has survived a crime of violence.

Can I get compensation if I'm not a national of an EU country?

Yes, compensation is open to all nationalities.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

We can only consider compensation claims that occur in Northern Ireland.

Do I have to have reported the crime to the police first, to be able to claim compensation?

The Scheme requires all applicants to report the crime to police without delay as soon as reasonably practicable.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No, but an application should be made within 2 years of the date of the incident.

Do I have to first seek compensation from the offender – if they have been identified?

No.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

Yes, you can still qualify for compensation if the offender has not been identified or convicted. However, the applicant must report all the relevant circumstances of the crime to police and co-operate with the enquiries.

Is there a time limit within which I have to claim compensation?

An application should be made within 2 years of the date of the incident.

Which losses and expenses are covered by the compensation?

(a) For the victim of the offence:

- Material (non-psychological) damage:

  • medical costs of injury (medical treatment — ambulant and hospital  treatment, recovery)
  • additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, .adaptation of housing, special aids, etc.)
  • permanent injury (e.g. invalidity and other permanent handicaps)
  • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.)
  • loss of opportunity
  • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs)
  • compensation for stolen or damaged personal property
  • other

Compensation Services will consider awarding for loss of, or damage to, property or equipment costs associated with treatment for the injury, care costs, special equipment, adaptations to the applicant's accommodation, fees associated with the Court of Protection, costs associated with the administration of the applicant's affairs due to lack of mental capacity. Loss of earnings or earning capacity.

- Psychological (moral)  damage:

Mental injury.

  • pain and suffering of the victim

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • funeral costs
  • medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation)
  • loss of maintenance or of opportunity

Compensation Services will pay reasonable funeral expenses. A qualifying relative may be eligible for a bereavement award.

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died

A qualifying relative may be eligible for a mental illness award.

Is the compensation paid out in a single payment or monthly instalments?

Compensation is normally paid as a single payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

A claim may be reduced or no award made if the applicant's conduct contributed towards the incident, they have a criminal record with unspent criminal convictions and they fail to co-operate with the police or Compensation Services.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

This will have no effect.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

Compensation could be affected if the assailant could benefit from an award.

How will the compensation be calculated?

Compensation is calculated as per the tariff of injuries which is part of the Scheme.

Is there a minimum/maximum amount that can be awarded?

The minimum injury award is £1,000 and the maximum injury award is £250,000. There is no cap on the total amount of compensation that can be awarded.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

No, the applicant is not expected to quote the amount, they are expected to tell us their injuries.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

Private insurance does not affect the amount of compensation paid. However, court compensation and civil compensation will be deducted from any award.

Can I get an advance on the compensation? If so, under what conditions?

An interim award can be paid as long as there are no liability issues.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

Yes, a case can be reopened where there has been such a material change in the victim's medical condition that an injustice would occur if the original assessment were allowed to stand.

What supporting documents do I need to include with my claim?

A completed application form. Compensation Services will ask the applicant if any further information is required for example employment and income details.

Are there administrative or other charges to be paid when the claim is received and processed?

There are no charges or fees.

Which authority decides on compensation claims (in national cases)?

The Northern Ireland Criminal Injuries Compensation Scheme.

Where do I send the claim (in national cases)?

Compensation Services, 6th Floor, Millennium House, 25 Great Victoria Street, Belfast, BT2 7AQ.

Do I need to be present during the procedure and/or when my claim is being decided?

No.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The average time taken for a first decision is 11 months and a review decision is 6 months.

If I'm not satisfied with the authority’s decision, how can I challenge it?

An applicant has the right of review and Appeal.

Where can I get the necessary forms and other information on how to claim?

From our website Link opens in new windowhttp://www.compensationni.gov.uk

Is there a special helpline or website I can use?

Our website address is Link opens in new windowhttp://www.compensationni.gov.uk

Can I get legal aid (help from a lawyer) when preparing the claim?

Legal aid is not available under the Criminal Injuries Scheme. You can appoint a solicitor to assist with a Criminal Damage claim.

Are there any victim support organisations that can help me claim compensation?

Victim Support NI can assist an applicant with the compensation process.

Last update: 24/07/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

If my claim is to be considered in this country - Scotland

Which type of crime can I get compensation for?

You can apply for compensation if you are a blameless victim of a violent crime, or if your loved one has died as a result of a violent crime. Link opens in new windowAnnex B of the Scheme lists what is and what is not a crime of violence for the purposes of the Scheme. Compensation is also available to those injured whilst taking an exceptional and justified risk for the purposes of preventing or containing a crime including apprehending a suspected offender.

Which type of injury can I get compensation for?

You can apply for compensation for:

  • mental or physical injury;
  • sexual or physical abuse
  • a fatality payment

Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

If you are a close relative of a person who dies as a result of their injuries, you may be able to apply for a payment. To be eligible for such payments you must be what the Scheme calls a 'qualifying relative'.

A qualifying relative is a person who at the time of the deceased's death was:

  • the spouse or civil partner of the deceased, who was living with the deceased in the same household;
  • the partner of the deceased (other than a spouse or civil partner), who was living in the same household and had done so for a continuous period of at least two year immediately before the date of the death;
  • a person who would satisfy the bullet points above but who did not live with the deceased because either person's ill-health or infirmity;
  • the spouse or civil partner, or a former spouse or civil partner, of the deceased who was financially dependent on the deceased;
  • a parent of the deceased; or
  • a child of the deceased.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

You may be eligible to make a claim for a mental injury if you witnessed, and were present at, an incident in which a loved one was injured as the result of a crime of violence. You may also be eligible if you were involved in the immediate aftermath of an incident in which a love one was injured.

If you are claiming a payment because you witnessed, or were involved in the immediate aftermath of the injury of a loved one, you must have suffered a mental injury as a result. We will need medical evidence from a psychiatrist or a clinical psychologist confirming that this is the case.

The relatives likely to qualify are listed above.

Can I get compensation if I'm not a national of an EU country?

You will only be eligible for a payment from this compensation Scheme if you meet one of the residency, nationality or other requirements under Link opens in new windowparagraph 10. This means that you must have been ordinarily resident in the UK on the date of the incident or one of the conditions in paragraphs 11 or 13 of the Scheme in met.

You will also be eligible for compensation if you are a national of a member state of the European Union (EU), the European Economic Area (EEA) or the Council of European Convention on the Compensation of Victims of Violent Crime. Special provisions apply to potential victims of human trafficking and people who have made applications for asylum.

The criteria in full is contained in Link opens in new windowparagraph 10 of the Scheme.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

Compensation is payable under the Scheme for incidents that occur in Great Britain (Scotland, England and Wales)

If you are a United Kingdom (UK) resident and were injured as a result of a crime of violence in another country which is part of the European Union (EU) we can help you apply for compensation from that country. Please call our EU Assistance Team on 0300 003 3061 or email Link opens in new windoweucat@cica.gov.uk

If you were injured outside the EU, you may be able to apply under a similar scheme operated by the country concerned. Please contact the Foreign and Commonwealth Office for more information. Details can be found on Link opens in new windowhttp://www.gov.uk

Do I have to have report the crime to the police first, to be able to claim compensation?

Yes. If the crime for which you are seeking compensation has not been reported to the police we cannot make a payment. It is a requirement of the Scheme that all incidents, for which a claim is made, be reported to the police.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

No. You do not need to wait for the outcome of any police investigations or criminal trial before making a claim.

Do I have to first seek compensation from the offender – if they have been identified?

The Scheme is intended to be one of last resort. Where the opportunity exists for you to pursue compensation elsewhere you should do so. We will expect you to take all reasonable steps to obtain an social security benefits, insurance payments, damages or compensation to which you may be entitled as a result of your injuries.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You may still be eligible for an award under the Scheme even if your assailant is not known, or is not convicted. We expect you to have co-operated fully with any police investigation. Decisions under the Scheme are made on the balance of probabilities.

Is there a time limit within which I have to claim compensation?

You must apply as soon as it is reasonably practicable for you to do so. If you were an adult at the time of the incident, this should normally not be later than two years after it occurred. We can only extend this time limit where:

  • Due to exceptional circumstances an application could not have been made earlier; and
  • The evidence provided in support of the application means that it can be determined without further extensive enquiries by a claims officer.

Which losses and expenses are covered by the compensation?

(a) For the victim of the offence:

- Material (non-psychological) damage:

  • Medical costs of injury (medical treatment — ambulant and hospital  treatment, recovery) - No, immediate medical costs are not covered by the Scheme.
  • Additional needs or costs arising from injury (i.e. care and assistance, temporary and permanent treatment, prolonged education physiotherapy, adaptation of housing, special aids, etc.) - Payments can be made for these costs depending on the circumstances. You can only ask us to consider these special expenses if your inquiries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks.
  • Permanent injury (e.g. invalidity and other permanent handicaps)
    • loss of earnings during medical treatment and after (including lost earnings and loss of ability to earn or diminished maintenance, etc.) Only where you have no or limited capacity to work as the direct result of a criminal injury for a period of more than 28 weeks.
    • loss of opportunity Yes, subject to our eligibility rules.
    • expenses linked to legal proceedings related to the incident causing the damage, such as legal fees, court costs) No
    • compensation for stolen or damaged personal property No
    • other See the Scheme for our eligibility rules

- Psychological (moral)  damage:

  • Pain and suffering of the victim Yes, subject to our eligibility rules

(b) For entitled people or relatives of a victim:

- Material (non-psychological) damage:

  • Funeral costs Yes
  • Medical costs (e.g. therapy for a family member, ambulant and hospital treatment, rehabilitation) No
  • Loss of maintenance or of opportunity Yes, where the victim has died, and subject to our eligibility rules.

- Psychological damage:

  • pain and suffering of relatives or entitled people/compensation to survivors if the victim died You may be eligible to make a claim for a mental injury if you witnessed, and were present at, an incident in which a loved one was injured as the result of a crime of violence. You may also be eligible if you were involved in the immediate aftermath of an incident in which a loved one was injured. If you are claiming a payment because you witnessed or were involved in the immediate aftermath of the injury a loved one, you must have suffered a mental injury as a result. We will need medical evidence from a psychiatrist or a clinical psychologist confirming that this is the case.

Is the compensation paid out in a single payment or monthly instalments?

Wherever possible, we will settle claims by offering a single lump sum payment.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Your claim may be affected if:

  • you do not fully co-operate with the Police and the Criminal Justice System;
  • you have an unspent conviction which attracted custodial or community sentence;
  • you conduct contributed towards the incident;
  • your character as shown by criminal convictions or other evidence makes it inappropriate for an award to be made; or
  • you do not fully co-operate with the CICA.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

The Scheme is not means tested.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

We cannot pay compensation in the following circumstances:

  • you sustained an injury before 1 August 1964;
  • the injury occurred outside of Great Britain;
  • you have already applied to the CICA for the same injury as a result of the same incident;
  • the assailant could benefit from an award;
  • the injury happened before 1 October 1979 and you and the assailant were living together as members of the same family.

Compensation will also be withheld or reduced where you have received compensation for the same injury from certain other sources including civil court damages.

How will the compensation be calculated?

The rules of the Scheme and the value of the payments awarded are set by Parliament and are calculated by reference to a tariff of injuries. The size of the award varies to reflect the seriousness of the injury.

Is there a minimum/maximum amount that can be awarded?

The minimum award we make is £1,000 and the maximum payment is £500,000.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

We will calculate any award payable.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

We will reduce an award if you received, or have an entitlement to, a payment for the same injury as a result of:

  • any other criminal injuries compensation award or similar payment;
  • an order for damages from a civil court;
  • the settlement of damages claim; or
  • any compensation order or offer made during criminal proceedings.

Where special expenses are awarded we will reduce your payment to take account of social security benefits for the same injury and insurance paid, regardless of who paid the premium if you are claiming for items like adaptations to your home or personal care.

Can I get an advance on the compensation? If so, under what conditions?

Where e have decided that you are eligible for a payment but we cannot make final decision then we may consider making an interim payment. If we are unable to make a final decision this is likely to be because we are waiting until the long term impact of your injury is understood.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

We may consider re-opening a claim after a final payment is made if:

  • a person who has accepted an award subsequently dies as a result of the criminal injury giving rise to the award; or
  • there has been so material a change in the medical condition of the applicant that allowing the original determination to stand would give rise to an injustice to the applicant.

We will not normally re-open a case unless it is within two years of the final decision. If you ask us to re-open a case more than two years after our decision, we will only consider this where you are able to give us enough evidence to make a decision on the case without the need for further extensive enquiries.

What supporting documents do I need to include with my claim?

The information we need from you will depend on the type of application you submit. The application process will indicate what information is required at that time. We will also write to you for any further information as we need it.

Are there administrative or other charges to be paid when the claim is received and processed?

It does not cost to submit an application for compensation. Where appropriate we will ask you to provide medical evidence. If there is a cost attached to obtaining the medical evidence than you may be expected to meet this. The cost of obtaining medical evidence will vary but you will not be expected to pay more than £50 in total.

Which authority decides on compensation claims (in national cases)?

The Criminal Injuries Compensation Authority.

Where do I send the claim (in national cases)?

Criminal Injuries Compensation Authority (CICA)
Alexander Bain House
Atlantic Quay
15 York Street
Glasgow
G2 8JQ

Tel: (UK) +44 (0)300 003 3601;
(from outside the UK): +44(0)203 684 2517

Web: Link opens in new windowhttp://www.gov.uk

Do I need to be present during the procedure and/or when my claim is being decided?

No, we will correspond with you.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

The length of time needed to assess your claim will vary depending on how complicated it is. For example, claims involving loss of earnings will take longer than those only involving a payment under the tariff of injuries. The CICA will not finalise your claim until you confirm that you have recovered, as far as possible, from your injuries. We aim to resolve straightforward cases within 12 months of receipt.

If I'm not satisfied with the authority’s decision, how can I challenge it?

If you disagree with the original decision and want us to review it, you must send us your written application for a review within 56 days of the date of the original decision. You will need to enclose any additional evidence that you wish us to consider in support of your claim.

When we get your request for a review along with all your supporting information, a claims officer, other than the one who made the original decision, will consider it. The review decision can be more or less favourable than the original decision, or the original decision may be unchanged.

If you disagree with a review decision, you can appeal to the First-tier Tribunal (Criminal Injuries Compensation) in accordance with Tribunal Procedure Rules. You can find these rules on the First-tier Tribunal website.

Where can I get the necessary forms and other information on how to claim?

You can apply for compensation via our Link opens in new windowwebsite which also has helpful information about the Scheme.

Is there a special helpline or website I can use?

The link to the website is above, and the Customer Service Centre advisors can help on +44(0)300 003 3601. Please note the Customer Service Advisors will only conduct the discussion in English.

Can I get legal aid (help from a lawyer) when preparing the claim?

You do not need a paid representative such as a solicitor or claims management company to apply for compensation. If you choose paid representation we cannot meet the cost of this, and you will have to pay these costs yourself.

Are there any victim support organisations that can help me claim compensation?

You can contact the Link opens in new windowVictims Information Service for help with your application.

Last update: 07/05/2019

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