Human trafficking victims have rights to claim compensation from the traffickers for damage and moral suffering.
The victim of human trafficking is entitled to compensation from the traffickers for the damages and moral suffering which they have caused to the victim. The claim for compensation – damages and/or moral compensation – can be submitted in two ways.
During criminal proceedings
The claim for compensation can be submitted during criminal proceedings in the form of an application to the police, prosecutor or court, depending on the stage of criminal proceedings. The amount of damages must be supported by evidence.
example Receipts for medical care and medication are evidence that can be used to support the amount of damages.
The amount of claimed moral compensation needs to be indicated in the application. The victim should explain the amount indicated, but there is no need to submit evidence to substantiate the amount.
example The applicant can argue that the amount of the moral compensation is appropriate to the length or severity of the damage caused by human trafficking.
The decision on the amount of compensation awarded is made by the court at the time of making the decision on the perpetrator’s criminal liability. If the court denies the claim fully or in part, the court’s decision may be appealed in a regional court, and afterwards in the Supreme Court. If the claim for compensation is denied fully or in part after all instances of the criminal court, the victim can still submit the claim in civil court for the amount of compensation that has been denied by the criminal court.
note In exceptional cases, when it is not possible to accurately calculate the civil claim without postponing the trial of the criminal case or without receiving additional material, the court may recognize the civil claimant's right to the satisfaction of the claim, and refer the question of the amount of the claim to consideration in the civil procedure.
Claim in civil court
If a claim for compensation has not been submitted or tried in a criminal case, a civil claim can be brought in accordance with the Code Civil Procedure. The claim in civil court can also be brought, if such claim has been denied during criminal proceedings or the amount awarded does not cover all losses. In this case the victim is exempt from paying the state fee for submitting the claim.
It is not necessary for criminal proceedings to be initiated to bring a claim in civil court. This claim must be submitted to the civil court (court of general jurisdiction).
example If the victim does not wish to initiate criminal proceedings, the victim of human trafficking still has the right to receive compensation for the damages and moral suffering caused by their traffickers.
You can ask the court to award you compensation for damages caused to you and also moral compensation. You will have to prove the sum for the damages (for example, by receipts from medical institutions), but as human trafficking is a crime against a person’s liberty, honour and dignity, it is assumed that the crime has caused moral damages, so you do not have to prove this. The amount of moral compensation is at the discretion of the court, taking into account the gravity and consequences of the crime.