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 injuries and/or for damaged or lost property.
Request for compensation during trial
In Lithuania, you may request compensation at any time during the pre-trial stage. This includes both criminal proceedings and administrative offences proceedings. At the beginning of the trial in the court of first instance, you may request compensation only up to the time that the court starts on the examination of evidence. You may ask to be compensated for the loss of both:
- 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 which you experienced. In addition, you may seek compensation for the moral 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, you may 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 Lithuanian law, you can request compensation from the State-owned Fund for the Victims of Crimes.
If a victim’s application for state guaranteed compensation is denied, the decision can be appealed in accordance with the Administrative Procedure Law.
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.