Victims have the right to claim compensation for the harm suffered due to a hate crime. This could be for physical or moral injuries and/or for material damage.
If the victim has not requested compensation during the criminal proceedings, they can lodge a civil claim for damages. Civil claim can be filled for damages even if the criminal court has acquitted the accused. This claim must be submitted to the civil court. Depending on the sums asked as compensation, the competent court will not be the same:
- If the amount of the claim is less than or equal to €10,000, the victim can submit their claim before a local court and a judicial court.
- If the amount of the claim is greater than €10,000, the victim can only submit their claim before a judicial court.
The victim may ask to be compensated for the loss of:
- material damage
example A damaged car, or money that the victim has spent for their treatment in a hospital.
- moral damage
- physical damage
example If the victim had been kidnapped and held in captivity, they may request compensation for the moral damage which they experienced. In addition, the victim may seek compensation for physical suffering if physical injury was suffered.
Amount of compensation
In determining the amount of compensation for moral suffering, the court will consider:
- the gravity of the offence
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors
The victim must quantify the amount of the damage requested and provide all the necessary evidence for the court to make its decision and fix the level of compensation.
Read more about compensation for the crime.