Victims have the right to claim compensation for the harm suffered due to hate speech.

If the victim has not requested compensation during the criminal or administrative offences proceedings, they can lodge a civil claim for damages. Victims can lodge a separate civil claim for damages in cases where they did not ask the responsible institutions to start criminal or administrative offence proceedings. 

This claim must be submitted to the civil court. A civil claim for damages can be filed even if the court has acquitted the accused.

The victim may ask to be compensated for the loss of both:

  • damaged or lost property
  • moral suffering

Amount of compensation

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

Resources

Last updated 26/10/2020