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CRIME VICTIMS COMPENSATION - NATIONAL CROSS-BOARDER SITUATIONS

For additional information you can contact:


Ministry of Justice,
Župančičeva 3, 1000 Ljubljana

tel.: 01/369 5440

e-mail: gp.mp(at)gov.si

 


OFFICE HOURS:

 

Monday and Friday:  9.00 - 12.00
Wednesday:  9.00 - 12.00 and 14.00 - 16.00

 

 

The right to compensation for crime victims in RS is regulated by the Crime Victims Compensation Act (Zakon o odškodnini žrtvam kaznivih dejanj – ZOZKD, Uradni list RS (Official Gazette of the Republic of Slovenia) Nos 101/05 and 86/10). This Act also regulates the proceedings applied to cross-border situations in accordance with the Council Directive 2004/80/EC relating to compensation to crime victims (National cross-border situation  is regulated in article 35 of the ZOZKD).

 

Crime victims compensation act (pdf)– unofficially consolidated text

 

 

Who can apply for compensation?

 

- victim - a person that due to a violent intentional crime suffered damage, such as recognized hereunder

 

- dependants - persons maintained by the deceased and the persons who were entitled by law to require to be maintained by the deceased

 

 

Conditions for access to compensation

 

Formal conditions for access to the compensation hereunder are fulfilled if the applicant is a (Article 5 of ZOZKD):

- Citizen of the Republic of Slovenia or

- Citizen of any other Member State of the European Union.

 

 

The material conditions for access to the compensation hereunder are (Article 6 of ZOZKD):

 

- there are reasonable grounds for suspicion, that the applicant was a victim of a violent intentional crime (hereafter: the crime),

 

IMPORTANT: Violent intentional crime means an act committed with a direct attack on life and body, with the use of force or violation of sexual integrity, and may be punished with one or more years of imprisonment, in accordance with the Criminal Code (Article 2 of ZOZKD).


- the crime was committed on the territory of the Republic of Slovenia, on a Slovene ship or on a Slovene aircraft, regardless of the victim's location when the crime is committed,

- the act was detected and reported to the competent authority and dealt with as a criminal offence,

 

- there are no circumstances on the part of the applicant for which no application for compensation may be submitted under the Code of Obligations,

 

- due to the crime the applicant sustained a bodily injury, impairment of health or suffering,

 

- due to the crime the applicant incurred the damage recognized herewith,

 

- if it is probable that the offender of the act will not be able to pay compensation for the damage referred to in the preceding indent.

 

IMPORTANT: in national cross-boarder situations (for Citizens of other Member State of the European Union) this condition is ALWAYS fulfilled (Article 7 of ZOZKD).

 

 


Deadline for submitting application

 

The application shall be submitted at the latest within six months from the day of commitment of the crime invoked in the application for compensation.


If due to his/her bodily injuries the beneficiary is unable to submit his/her application by the deadline invoked in the preceding paragraph, he/she shall submit his/her application at the latest within three months from the day when the reasons for which he/she was unable to submit the application ceased to exist, yet at the latest within five years from the day the crime was committed.

 

 

How to apply for compensation in national cross-boarder situation?

 

1. you submit your application to your national competent authority for crime victims compensation

 

2. your national competent authority for crime victims compensation will send application to Slovenian competent authority. Upon receipt of the application from the competent authority of the other Member State of the European Union, the Ministry of Justice shall communicate to the respective authority, within 30 (thirty) days at the latest, the name of the contact person, an acknowledgement of receipt of the application and, if possible, an indication of the approximate time by which a decision on the application will be made.

 

IMPORTANT: In accordance with Articles 28 and 30 of ZOZKD the application and the enclosed documents must be in the Slovene language!!!


3. the decision of the Committee shall be sent by the Ministry of Justice to the applicant and to the competent authority of the foreign country, on a standard form prescribed by the Commission of the European Communities.

 

4. Other provisions:


• Should the Committee discover in a domestic cross–border situation that the decision on the respective matter requires particular procedures, such as hearing of the applicant, the witness or the expert, it may ask the relevant competent authority from the Member State of the European Union, in which the applicant submitted his/her application for compensation, to carry out the respective procedures.

 

• The hearing required in the respective proceeding may also be carried out through the use of technical aids. The technical aids shall include in particular the computer technology, the electronic communication network as well as other video– and audio–transmission aids.

 

 

Content of application and enclosed documents


1. The application must be submitted in writing, on the form prescribed by the Minister of Justice.


2. The following documents shall be enclosed to the application:

– Evidence of citizenship;

– Police acknowledgement that a criminal offence has been detected, reported and dealt with;

– Appropriate medical certificates and/or documents evidencing that the beneficiary sustained a bodily injury, impairment of health or suffering;

– Statement that the applicant was not entitled to claim the compensation from some other legal title;

– Other documents evidencing the existence of the terms and conditions hereunder, yet not disposed of by the beneficiary.


IMPORTANT: The document drawn up in a foreign language shall be accompanied by a certified translation.

 

 

Types of recognized damages (Article 8 of ZOZKD)

 
Under the terms and conditions hereunder the access to compensation is recognized for:

 
– Physical pains or impairment of health,

 

– Suffering,

 

– Loss of maintenance,

 

– Medical and hospitalization expenses.

 

– Funeral expenses

 

– Damages for destroyed medical devices
 
– Expenses for compensation claims

 

For monetary fees see Articles 9 to 14 of ZOZKD

 

Expenses for compensation claims (Article 15 of ZOZKD)

 

Applications, acts and decisions in compensation claims proceedings hereunder shall be exempt from any fees.

 

In the event of a well–grounded claim, the applicant shall be reimbursed all the expenses incurred to him or her in connection with the provision of services needed to establish a health condition for the purpose of claiming the compensation under this Act.

 

 

Deciding authority for criminal victim compensations

 

Deciding authority for criminal victim compensation is Committee deciding on the compensation to victims of criminal acts (Committee for Crime Victims Compensation). Current Committee members:


Chairman:

 

• dr. Ana Božič Penko, Supreme Court  judge
 
Deputy Chairman:
 
• Andreja Švigelj, High Court judge
 
Committee members:
 
• Hinko Jenull, Supreme public prosecutor
• dr. Vladimir Senekovič, expert in traumatology (med. dr.)
• Breda Butala, expert in health protection and health insurance
• Marko Štrovs, expert in pension and disablement insurance scheme
 
Deputy members:

 

• Andrej Ferlinc, Supreme public prosecutor
• prof. dr. Matej Cimerman, expert in traumatology (med. dr.)
• Rudi Veselič, expert in health protection and health insurance
• Daria Hostnik, expert in pension and disablement insurance scheme

 

 

How compensation is paid out?

 

The liability for payment of the compensation shall be considered mature 30 (thirty) days after the decision specifying the respective amount has become final.

 

After person receives decision specifying the respective amount of compensation written claim must be addressed to Ministry of Justice with following data for compensation payout:

 

1. bank account number
2. personal registration number or other identification code
3. tax ID number

 

FORMS in English language:

 

Compensation claim application form (pdf)


Compensation claim application form (doc)

 

Instructions for completing compensation claim application form (pdf)

 

Instructions for completing compensation claim application form (doc)


Acknowledgement that a criminal offence has been detected, reported and dealth with – form (pdf)


Acknowledgement that a criminal offence has been detected, reported and dealth with – form (doc)

 

 

FORMS in Slovene language:

 

Compensation claim application form:
form  (pdf)
form (doc)
 

Instructions for completing compensation claim application form:
instructions (pdf)
instructions (doc)
 
 
Acknowledgement that a criminal offence has been detected, reported and dealth with – form:
form (pdf)
form (doc)
 

IMPORTANT: In accordance with Articles 28 and 30 of ZOZKD the application and the enclosed documents must be in the Slovene language! English version of application forms is just help for filling form in Slovene language.

 

 

Other important information

 

Refund of unjustly acquired funds (Article 41 of ZOZKD)

 
The Republic of Slovenia shall be entitled to require the refund of the funds, increased for the corresponding interest and costs of the proceedings, disbursed hereunder, provided that such entitlements were acquired on the basis of false data and/or if the beneficiary failed to notify the Committee of the facts that influence the acquisition of the rights hereunder.