As a victim, you have the right to claim compensation for the harm you suffered due to a crime. This might be for physical or moral injuries and/or for damaged or lost property.

Request for compensation during criminal trial

According to Slovenian law you can request compensation at any time during the pre-trial stage. During the trial, you can request compensation until the end of the main hearing.

You can ask to be compensated for the loss of both:

  • your damaged or lost property

example A damaged car or money that you have spent for your treatment in a hospital.

  • moral suffering

example If you have been kidnapped and held in captivity for some days, you may request compensation for the moral suffering you experienced. In addition, if you were physically injured as a result of a crime, you may seek compensation for the moral suffering.

Amount of compensation

In determining the amount of your compensation for moral suffering, the court will take into account:

  • the gravity of the crime
  • the injuries you suffered and their consequences
  • the psychological trauma you may have suffered and other factors

Compensation from the State

According to Slovenian law, you can request compensation from the State. You are entitled to such compensation if:

  • you were a victim of an intentional violent criminal offence - committed by direct assault on life and limb, by use of force or by violation of sexual integrity and punishable by one or more years' imprisonment under the Criminal Code
  • your close relative has died: someone you were dependent on or you were legally entitled to claim maintenance from

Civil claim

If you have not requested compensation during the criminal trial, you can lodge a civil claim for damages. This claim must be submitted to the civil court (court of general jurisdiction). You can file a civil claim for damages even if the criminal court has acquitted the accused.

Resources

Last updated 29/01/2024