Victims have the right to claim compensation for the harm suffered due to a hate crime. This could be for physical or moral injuries and/or for damaged or lost property.
If the victim has not requested compensation during the criminal proceedings or wishes to receive a compensation for the harm suffered due to an administrative offence, they can lodge a civil claim for damages. This claim must be submitted to the civil court. Civil claim can be filled for damages even if the criminal court has acquitted the accused.
The victim may ask to be compensated for:
- lost earnings, up to EUR 4.645,30,
- medical expenses,
- damaged or lost property,
example A damaged car, or money that the victim has spent for their treatment in a hospital.
- moral suffering.
example The victim may seek compensation for moral suffering if physical injury was suffered.
You have also the right to file an associated action for damages in criminal proceedings, which is a request for claiming compensation for damages from the perpetrator. This can include compensation for material or non-material damage, a return of belongings or annulment of specific legal transactions.
Amount of compensation
The compensation is paid from the state budget and implies a one-time payment in the maximum amount of 4,645.30 EUR. The one-time payment can be less than the previously mentioned amount.
A victim is entitled to the compensation of:
- medical expenses and
- lost earnings, up to 4,645.30 EUR.
In determining the amount of compensation for moral suffering, the court will consider:
- the gravity of the offense,
- the injuries suffered and their consequences,
- the psychological trauma the victim may have suffered and other factors.
The request form is available at every police station, State Attorney’s Office, municipal and county courts and on the websites of the Ministry of Justice and Ministry of the Interior, as well as websites from municipal and county county courts.
In the case of criminal offences prosecuded in a private action, you must institute the criminal proceedings yourself by filling a lawsuit in a criminal court within three months of the incident.
Read more about compensation for the crime.