The victims of domestic violence are entitled to compensation from the perpetrator for the damages and moral suffering caused, as well as from the State.
The claim for compensation – damages and/or moral compensation – against the perpetrator may be submitted in two ways: during criminal proceedings and as a separate civil claim.
Compensation during criminal proceedings
A victim may request compensation during criminal proceedings in the form of an application to the police, prosecutor or the court, depending on the stage of the criminal proceedings. The amount of damages must be supported by evidence, for example, receipts for hospitalization, other medical care, medication and others. The amount of the moral compensation claimed needs to be indicated in the application.
The Criminal Procedure Act explains that a property claim arising from a criminal offence may, on the application of the beneficiaries, be dealt with in criminal proceedings, provided that this would not unduly delay the proceedings.
Compensation as a separate civil claim
A victim may submit a claim for compensation as a separate claim in civil court.
In deciding on compensation, the civil court is not bound by the criminal court's judgment of dismissal or acquittal but must take into account the judgment of conviction that found the offender guilty.
Compensation from the State
Victims of domestic violence are entitled to state guaranteed compensation according to the Crime Victim Compensation Act. The victim may apply for state guaranteed compensation only in cases where the criminal proceedings were initiated and the person has obtained the official status of a victim in those proceedings.
If the victim's application for state compensation is rejected, he or she has the right to bring an administrative dispute against the decision under the Administrative Dispute Act.
Compensation & Human rights
Compensation to victims is one of the components of proper redress in cases where they have suffered from physical or emotional violence. Therefore, the State is responsible, firstly, to ensure that the legal framework provides for an opportunity to request such compensation, and secondly, to ensure that the claims for compensation are considered by the pertinent state authorities according to law.
The failure to ensure the legal regulations providing for compensation or the failure by the pertinent state authorities to award compensation according to the appropriate legal regulations may result in a violation of the right to an effective remedy.