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Compensation to victims of violent intentional crimes. Right to compensation for facts committed before Law no. 122 of 2016. Forms of exercise of the right to compensation. Publicity

Data:

04/04/2018


Compensation to victims of violent intentional crimes. Right to compensation for facts committed before Law no. 122 of 2016. Forms of exercise of the right to compensation. Publicity

European law 7 no. 122 of July 2016 recognizes as from July 23, 2016 (date of entry into force) the right to compensation to EU citizens who are victims of violent intentional crimes, including labor exploitation and, except for the offences of battery and simple injuries, when the claim for compensation against the perpetrator or other civilly liable parties was brought unsuccessfully.

Compensation is paid, without prejudice to what is provided for by other legal provisions for certain offenses, if they more favorable, for the reimbursement of medical and care costs, except for facts of sexual violence and homicide, in which case compensation is paid to victims even if medical and care costs have not been incurred.

The amount set for the crime of homicide is 7,200 euros; in case of homicide committed by the spouse, also separated or divorced, or by a person who is or was involved in an emotional relationship with the injured person, the amount is 8,200 euros exclusively in favor of the victim's children; for the offence of sexual violence, except for the case where the mitigating circumstance of minor gravity occurs, the amount is 4,800 euros; for offences other than those of homicide and sexual violence, the maximum amount for the reimbursement of medical and care costs is 3,000 euros.

Subsequent Law no. 167 of 20 November 2017 provides for compensation also to the victims of a violent intentional crime committed after 30 June 2005 and before the entry into force of law no. 122 of 7 July 2016, (23 July 2016). The application must be submitted, under penalty of forfeiture, within one hundred and twenty days from the date of entry into force of law no. 167 of November 20, 2017.

The law came into force on 12 December 2017.
The time-limit shall expire on April 12, 2018.

The EU citizen may turn to the Assisting Authority of his/her country to receive the essential information concerning the compensation system envisaged by the EU Member State where the crime was committed.


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