The victims of domestic violence are entitled to compensation from the perpetrator for the damages and moral suffering caused, as well as from the State.
The claim for compensation – damages and/or moral compensation – against the perpetrator may be submitted in two ways: during criminal proceedings and as a separate civil claim.
Compensation during criminal proceedings
A victim may request compensation during criminal proceedings in the form of an application to the police, prosecutor or the court, depending on the stage of the criminal proceedings. The amount of damages must be supported by evidence, for example, receipts for hospitalization, other medical care, medication and others. The amount of the moral compensation claimed needs to be indicated in the application.
The decision on the amount of compensation awarded is made by the court simultaneously with the decision on the criminal responsibility of the perpetrator. If the court denies the claim fully or in part, the court’s decision may be appealed to a higher instance court.
If the claim for compensation is denied fully or in part after all instances of the criminal court, the victim may still submit the claim in civil court for the amount of compensation that has been denied by the criminal court.
Compensation as a separate civil claim
A victim may submit a claim for compensation as a separate claim in civil court. To bring a claim to the civil court, it is not necessary for criminal proceedings to be initiated. It means that if the victim does not want to commence criminal proceedings or if the act of domestic violence does not qualify as a crime under the Criminal Code, the victim of domestic violence still has the right to receive compensation for the damages and moral suffering caused by the perpetrator.
Compensation from the State
Victims of domestic violence are entitled to state guaranteed compensation according to the Law on Compensation of Damage Suffered from Violent Crimes. The victim may apply for state guaranteed compensation only in cases where the criminal proceedings were initiated and the person has 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 the Administrative Procedure Law.
Compensation & Human rights
Compensation to victims is one of the components of proper redress in cases where they have suffered from physical or emotional violence. 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.