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The claim for compensation should, as a rule, be transmitted to the deciding authority by the assisting authority. However, the entitled person may also transmit the claim directly to the Polish deciding authority.
- claim?
- supporting documents?
The deciding authority accepts correspondence in Polish and English.
The deciding authority accepts minutes of hearings conducted by the assisting authority of another country in the official language of that country.
The costs of translating documents are covered by the State Treasury.
People seeking compensation are fully exempt from the obligation to pay court costs.
You cannot be reimbursed for your travelling costs. You may, however, be heard remotely, i.e. without having to come to the deciding authority. You may request the deciding authority to apply to the assisting authority in your country for assistance in organising the transmission of your hearing. You must give your consent for such a hearing.
If necessary, the deciding authority will appoint an expert interpreter. You will not bear the resulting costs.
The deciding authority will assess whether the examination conducted by doctors in your place of residence is credible. If it finds that a new examination is needed, you should undergo it. You will be required to pay only the travelling costs.
You cannot be reimbursed for your travelling costs, even if you had to come to this country to undergo a medical examination.
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.
The decision on compensation will be in Polish.
If you are not satisfied with the decision on compensation, you can appeal against it before the court of second instance (sąd II instancji). You will not bear any costs relating to the appeal.
Legal aid may be provided under Polish law. It 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.
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.
The funds are used to finance legal, psychological and material aid. Legal aid may cover assistance in seeking compensation, including in cross-border cases.
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 Ministry of Justice ( https://www.ms.gov.pl/en/about-the-ministry-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).
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