On State Compensation to Victims

Transcription

1 Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as genderneutral terms, e.g. chairperson. Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of: 8 November If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause. The Saeima 1 has adopted and the President has proclaimed the following Law: On State Compensation to Victims Chapter I General Provisions Section 1. Purpose of this Law The purpose of this Law is to ensure to a natural person, who in accordance with the procedures specified by the Criminal Procedure Law has been recognised a victim (hereinafter victim), the right to receive a State compensation regarding moral injury, physical suffering or financial loss (hereinafter injury) as a result of an intentional criminal offence, if the criminal offence has been directed against the life or health of a person and death of the person has occurred or severe, moderate bodily injuries have been caused to the victim or the criminal offence has been directed against sexual inviolability of the person (hereinafter violent criminal offence). Section 2. Application of this Law (1) The Law regulates the procedures by which compensation shall be paid to the victim by the Legal Aid Administration and the amount of the State compensation. (2) The request and payment of the State compensation, on the basis of this Law, shall not limit the rights of the victim to request the compensation in accordance with the Criminal Procedure Law. Section 3. Rights to the State Compensation (1) The victim has the right to the State compensation. (2) The victim has the right to the State compensation also if a perpetrator of a violent criminal offence or a joint participant thereof has not been identified or he or she in accordance with the Criminal Law shall not be held criminally liable. Section 4. Tasks of the Legal Aid Administration 1 The Parliament of the Republic of Latvia Translation 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

2 (1) The Legal Aid Administration shall: 1) pay the State compensation in conformity with this Law; 2) establish and maintain a State compensation register; 3) collect, on an uncontested basis, the amount of the paid State compensation from the victim, who has intentionally provided false information in order to receive the State compensation; 4) turn, by way of subrogation, against the perpetrator of the violent criminal offence or the joint participant thereof; 5) co-operate with the European Commission and other competent institutions of the European Union Member States in conformity with this Law; and 6) request, if necessary, the information necessary for the taking of the decision from the person directing the proceedings. (2) The funds collected in the cases referred to in Paragraph one, Clause 3 and 4 of this Section shall be paid into revenue of the State basic budget. Section 5. Funds of the State Compensation The State compensation that is intended for the performance of the tasks referred to in Section 4 of this Law shall be paid from the State budget funds that have been intended for the Legal Aid Administration. Section 6. State Compensation Register (1) Inclusion of information in the State compensation register, the processing, utilisation thereof and maintenance of the State compensation register shall be ensured by the Legal Aid Administration. The Legal Aid Administration is the manager and keeper of the State compensation register. (2) Information regarding payment of the State compensation to the victims, regarding refusals to pay it, as well as information regarding subrogation claims, shall be included in the State compensation register. (3) The Cabinet shall determine the amount of information to be included in the State compensation register and the procedures for the ensuring of access to such information. Chapter II Procedures and Conditions for the Request and Payment of the State Compensation Section 7. Maximum Amount of the State Compensation (1) The maximum amount of the State compensation to be paid to one victim of a violent criminal offence shall be 10 minimum monthly wages specified in the Republic of Latvia. (2) The compensation shall be paid: 1) if death of the person has occurred - in the amount of 100%; 2) if severe bodily injuries have been caused to the victim or sexual inviolability of the victim has been violated in the amount of 70%; or 3) if moderate bodily injuries have been caused to the victim in the amount of 50%. (3) The person, who has been recognised a victim of a criminal offence that has been qualified according to Section 120, 121, 122, 127, 128 or 129 of the Criminal Law, the State Translation 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 2

3 compensation shall be paid in the amount of 50% from the amount of the State compensation specified in Paragraph two of this Section. (4) If the victim has received compensation from the perpetrator of the violent criminal offence or the joint participant for the caused injury and it is proved by a document confirming the payment, the amount of the State compensation shall be reduced in conformity with the compensation already received. Section 8. Request for the State Compensation and Documents to be Attached thereto (1) The victim shall submit a request for the State compensation to the Legal Aid Administration a completed form of the request for the State compensation, the sample of which shall be approved by the Cabinet - in order to receive the State compensation. (2) If criminal proceedings are not completed at the moment of the request for the State compensation, the victim shall attach a statement of the person directing the proceedings to the form of the request for the State compensation, in which the following shall be indicated: 1) time and place of committing the violent criminal offence; 2) the qualification of the violent criminal offence, date of commencement of the criminal proceedings and the criminal case number; 3) information regarding the person, who has been recognised a victim in the criminal proceedings (given name, surname, personal identity number, address of the place of residence, contact information); 4) nature of the injury caused as a result of a violent criminal offence (seriousness of bodily injuries or presence of marks indicating the commitment of sex offences); 5) the date of the provision of an expert opinion, number of the opinion and the performer of the expert-examination; and 6) information regarding the suspect or the accused in the criminal proceedings, if disclosure of such information does not hinder determination of truth in the case. (3) If criminal proceedings are completed or the decision of the person directing the proceedings regarding termination of the criminal proceedings has come into force for reasons other than exoneration, the victim shall attach the final adjudication of the person directing the proceedings, which has come into force, to the form of the request for the State compensation. If the compensation to the victim regarding the caused injury as a result of a violent criminal offence specified according to criminal procedural and civil procedural procedures in the court judgement or in the final adjudication of the person directing the proceedings is not executed or is executed deficiently, a copy of the execution document shall be attached to the final adjudication of the person directing the proceedings. (4) The victim may receive the form of the request for the State compensation, as well as information regarding completion of the form, free of charge in the Legal Aid Administration. Section 9. Time Period for the Submission of the Request for the State Compensation The request for the State compensation shall be submitted to the Legal Aid Administration within a time period of one year after the day when a person has been recognised a victim. Section 10. Procedures for Examination of the Requests for the State Compensation Translation 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 3

4 (1) The Legal Aid Administration shall take the decision regarding payment of the State compensation in the cases specified by this Law within a time period of 30 days after the receipt of the request for the State compensation. (2) If the Legal Aid Administration determines that supplementary information is necessary for the taking of a decision, it shall inform the victim thereof within a time period of seven days from the day of the receipt of the request for the State compensation. (3) The time period for the taking of the decision referred to in Paragraph one of this Section shall be suspended until the receipt of all information requested by the Legal Aid Administration. (4) If the Legal Aid Administration does not receive the information requested within a time period of 15 days, it may decide to refuse the payment of the State compensation. The decision regarding refusal to pay the State compensation in this case shall not be an obstacle for the victim to turn repeatedly to the Legal Aid Administration with the request for the State compensation, observing the procedures specified by this Law. Section 11. Payment of the State Compensation (1) The State compensation shall be paid as one payment. (2) The State compensation shall be paid within a time period of one month after the day when the decision regarding payment of the State compensation was taken. (3) The Legal Aid Administration shall transfer the amount of the State compensation to the bank account indicated in the request for the State compensation. If the bank account has not been indicated, the State compensation shall be transferred to the settlement account of the postal settlement system. Section 12. Refusal to Pay the State Compensation The State compensation shall not be paid if: 1) it is requested without a reason; 2) the term for the submission of the request specified in this Law is missed, except the cases when the term has been missed due to justifiable reasons (for example, illness of the person); 3) it has been determined that the victim has provided false information, when requesting it; or 4) the victim has received compensation from the perpetrator of the violent criminal offence or the joint participant thereof, the amount of which exceeds the amount of the State compensation intended in this Law or is equal to it. Section 13. Changes in the Information Provided If changes have occurred in the information referred to in the request for the State compensation, the victim has the duty to inform thereof the Legal Aid Administration within a time period of seven days after he or she has become aware of the changes. Section 14. Notification of the Decision The Legal Aid Administration shall notify the decision thereof in writing, by sending it to the address indicated by the victim or handing it over personally to the victim. The copy of the decision shall be sent to the person directing the proceedings or to the bailiff, in whose records the case is. Translation 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 4

5 Section 15. Procedures for the Contest and Appeal of the Decision (1) The victim may contest the decision of the Legal Aid Administration, submitting a relevant submission to the Ministry of Justice. (2) The victim may appeal the decision of the Ministry of Justice, which has been taken regarding the contested decision of the Legal Aid Administration to a district administrative court. Section 16. Subrogation Rights The Legal Aid Administration against the perpetrator of a violent criminal offence or the joint participant thereof shall take over the rights of the victim to the compensation in the amount paid. Chapter III Co-operation with Other European Union Member States Section 17. Co-operation when Paying a Compensation for the Injury that has Occurred as a Result of a Committed Violent Criminal Offence in the Territory of Latvia (1) The Legal Aid Administration shall take the decision regarding the request of a long-term resident of another European Union Member State to pay a compensation regarding the injury that has occurred as a result of a violent criminal offence in the territory of Latvia. (2) The request referred to in Paragraph one of this Section shall be submitted in Latvian or English. The documents that are to be submitted to the Legal Aid Administration need not be legalised and equal formality shall not be applied thereto. (3) The Legal Aid Administration, within a time period of seven days from the day of the receipt of the request, shall provide to the victim, but if the request has been received from a competent institution of another European Union Member State also to it the following information: 1) the affirmation of the receipt of the request for the State compensation; 2) a period of time for the taking of the decision; 3) information regarding additional documents necessary for the examination of the request or other information if all documents have not been submitted; and 4) the contact information of such official of the Legal Aid Administration, who is responsible for the taking of the decision in relation to the payment of the State compensation. (4) The decision regarding the payment of compensation or the refusal to pay the compensation shall be sent by the Legal Aid Administration to the victim, who is a long-term resident of another European Union Member State, as well as to the competent institution of the relevant European Union Member State if the request has been received from it. Section 18. Co-operation when Paying a Compensation for the Injury that has Occurred as a Result of a Violent Criminal Offence in the Territory of Another European Union Member State (1) The victim, who is a long-term resident of Latvia and to whom an injury has occurred as a result of a violent criminal offence in the territory of another European Union Member State, Translation 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 5

6 has the right to directly or through the Legal Aid Administration submit the request for the State compensation to the competent institution of the relevant European Union Member State. (2) The request for the State compensation shall be submitted in the language that the relevant European Union Member State has indicated as acceptable. (3) The Legal Aid Administration shall submit to the victim information regarding the conditions, procedures and additional requirements for the payment of the State compensation determined by competent institutions of another European Union Member State. (4) The Legal Aid Administration, within a time period of seven days, shall draw up the request for the State compensation in conformity with the request for the compensation determined by a particular European Union Member State and together with other necessary documents shall send them to the competent institution of the relevant European Union Member State. (5) The Legal Aid Administration upon a request of such competent institution of the European Union Member State, which examines the request for the State compensation, shall ensure the hearing of the persons involved in the criminal proceedings. Transitional Provisions 1. The right to turn to the Legal Aid Administration with the request for the State compensation have such persons, who have been recognised as victims in violent criminal offences that have been committed after 30 June The persons, who have been recognised as victims in violent criminal offences that have been committed after 30 June 2005, until the day of coming into force of this Law are entitled to submit the request for the State compensation until 31 December The right to turn to the Legal Aid Administration with the request for the State compensation, in case if a criminal offence has been directed against the health of a person and moderate bodily injuries have been caused to the victim, have such persons, who have been recognised as victims as a result of a criminal offence after 1 July Section 7, Paragraph one of this Law shall come into force on 1 January The maximum amount of the State compensation to be paid to one victim of a violent criminal offence until 1 January 2009 shall be determined in the amount of five minimum monthly wages and the amount of the compensation to be paid specified in Section 7, Paragraph two of this Law shall be calculated on the basis of five minimum monthly wages. [8 November 2007] Informative Reference to European Union Directive This Law contains legal norms arising from Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims. This Law has been adopted by the Saeima on 18 May Acting for the President, Translation 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 6

7 Chairperson of the Saeima I. Ūdre Rīga, 6 June 2006 Translation 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 7