- I WAS A VICTIM OF CRIME: CONSEQUENCES AND REACTIONS
- THE RIGHTS OF VICTMS OF CRIME
- RIGHT TO INFORMATION
- RIGHT TO RECEIVE ACKNOWLEDGEMENT OF THE COMPLAINT
- RIGHT TO TRANSLATION
- RIGHT TO VICTIM SUPPORT SERVICES
- RIGHT TO BE HEARD
- RIGHTS IN THE EVENT OF A DECISION NOT TO CHARGE THE DEFENDANT
- RIGHT TO INFORMATION AND TO LEGAL PROTECTION
- RIGHT TO COMPENSATION FOR PARTICIPATION AND TO REIMBURSEMENT OF EXPENSES
- RIGHT TO THE RETURN OF PROPERTY
- RIGHT TO COMPENSATION
- RIGHT TO PROTECTION
- RIGHT TO SECURITY: PERSONAL PRECAUTIONARY MEASURES
- RIGHT TO PRIVATE LIFE
- RIGHT TO AVOID CONTACT WITH THE ACCUSED
- RIGHTS OF VICTIMS WITH SPECIFIC PROTECTION NEEDS
- RIGHTS OF VICTIMS RESIDENT IN ANOTHER EU MEMBER STATE
- CRIMINAL COURT PROCEEDINGS
- WHO’S WHO IN CRIMINAL PROCEEDINGS
RIGHT TO COMPENSATION
Those who suffer damage as a result of a crime have the right to be compensated.
The only person who has the obligation to compensate is the offender. However, if it is impossible to obtain compensation from the offender as far as it concerns the financial point of view, in violent crime cases or if the culprit has not been identified, the State may provide a partial reimbursement for the victim.
In order to claim compensation for any damage, the victim must fulfil their role as a civil party in the trial. For the establishment of a civil party, the assistance of a lawyer is required.
Regardless, the victim can claim damage outside of the criminal trial and in the scope of a civil proceeding in front of a civil judge. Even in this case, the assistance of a lawyer is needed.
The damages that can be claimed are:
- Emergent damage: that is all expenses incurred due to the suffered violence;
- Loss of profits: that is all losses suffered as a result of the violation experienced;
- Biological damage: that is the harm suffered to the psycho-physical integrity due to the violation experienced;
- Moral damage: that is the pain suffered due to the violence experienced.
It’s important to keep in mind that damages also include the restitution of goods and of the money snatched due to the violence suffered.
COMPENSATION FROM THE OFFENDER
The victim has the right to get compensation for the financial and non-financial damages (material and moral) suffered directly from the person who committed the crime.
Compensation should be claimed in the context of criminal proceedings. For this purpose, the victim should inform law enforcement or the Prosecutor of their decision to submit a claim for damages by the end of the investigation phase.
When the victim receives the notice with the charge against the defendant, they will have a time limit of 20 days to file the complaint.
If the claim is for more than €5,000, it should be filed by a lawyer representing the victim. If it is equal to or less than €5,000, the victim may file it.
The claim for civil damages is not subject to special formalities; it should simply contain a brief description of the facts on which the application is based and state the damage and its value:
- Property damage, that includes:
- damage caused directly by the crime, for example, hospital treatment costs, cost of medicines, travel to medical appointments, damaged clothing, etc.
- the benefits the victim lost because of the crime, such as, salaries that the victim didn’t receive because they were unable to work.
- Non-financial damage, losses which cannot be assessed financially, since they concern the health, well-being, honour and reputation of the victim; these can only be compensated by obliging the offender to pay a certain sum to the victim. Moral damage includes, for example, physical pain, psychological distress, emotional suffering, loss of prestige and damage to reputation, etc.
Along with the claim for compensation, victims should enclose or mention any supporting evidence, such as hospital bills, and people who were at their side during the period of greatest suffering and who know what they went through, etc.
Whenever there is a claim for compensation, the decision on this matter is included in the judgment.
Even if no compensation claim is filed, the judge, on his/her own initiative, and taking into account the victim’s situation, may order the offender to pay the victim a certain amount in compensation for damage, unless the victim does not agree to this.
If an individual is ordered to pay compensation and doesn’t do so voluntarily, the victim will have to file an enforcement order against the offender. This means that the victim applies to the court to order the seizure of his/her assets (bank accounts, properties, vehicles or other assets) to guarantee payment of the compensation.