As a victim, you have the right to claim compensation for the harm that you have suffered due to a hate crime. This might be for physical or moral suffering and/or for damaged or lost property.
Request for compensation during trial
In Slovenia, you may request the criminal court to grant you compensation during the criminal proceedings. A request for compensation in criminal proceedings may be submitted no later than the end of the main hearing before the Court of first instance. You must submit a reasoned claim for damages. You may ask to be compensated for the loss of:
- 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 had been kidnapped and held in captivity, you may request compensation for the moral suffering, such as fear, which you experienced. In addition, you may seek compensation for the physical suffering if you were physically injured because of a crime.
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will consider:
- the gravity of the crime
- the injuries you suffered and their consequences
- the psychological trauma you may have suffered and other factors
Civil claim
If you have not requested compensation during the trial or the court decided to direct you to the civil court , you can lodge a civil claim for damages. This claim must be submitted to the civil court. You can file a civil claim for damages even if the criminal court has acquitted the accused.
Compensation from the State
According to LatvianSlovenian law, you can request a compensation according to the Crime Victim Compensation Act Law on State Compensation to Victims. You may apply for state guaranteed compensation when you do not receive compensation from the perpetrator and only in cases where the criminal proceedings were initiated and you have obtained the official status of a victim in those proceedings.
If the victim’s application for state guaranteed compensation is denied, the decision can be appealed in accordance with theAdministrative Procedure LawDispute Act.
Compensation & Human rights
Compensation for victims is one of the components of proper redress in cases where suffering has been experienced from hate crimes. 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.