Request for compensation during trial
To obtain compensation, the victim must be a civil party, which means that they must make a civil claim for compensation. Compensation will not be granted automatically as a result of the perpetrator‘s condemnation. Civil party status is granted by the criminal court if the victim has suffered as a result of the offence.
Read more information about the civil party status.
The victim may apply to become a civil party before or during the criminal trial:
- Before the trial: This application can be made at any time during the pre-trial stage of criminal proceedings, for example during the investigations or after having filed a complaint at the police station.
- During the trial: At the beginning of the trial in the court of first instance, the victim may apply to become a civil party orally when the case is raised by the president or by submitting a written application. They may apply only up to the time that the public prosecutor intervenes and asks the judge to condemn the perpetrator.
The victim can ask for compensation of actual harmful consequences caused directly by the offence. This includes the loss of:
- material damage
[example] A damaged car, or money that the victim has spent for their treatment in a hospital to recover from the physical and/or moral damage caused by the hate crime.
- moral damage
- physical damage
example If the victim had been kidnapped and held in captivity during the hate crime, they may request compensation for the moral suffering that they have experienced. In addition, the victim may seek compensation for the physical suffering if physical injury was suffered because of the crime.
important If the victim has referred the matter to the civil court, they cannot appeal to the criminal court for the same complaint, unless the public prosecutor has initiated criminal proceedings before the civil court has ruled on the merits.
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.