A victim’s right to offender restitution
- Restitutionary claim in criminal proceedings
A crime victim who participates in the proceedings as an injured party is entitled to file a restitutionary claim during the criminal proceedings, but not later than the end of the evidentiary hearing.
The claim serves to seek damages from the offender, return of property or annulment of a legal transaction. If a victim files a claim during the criminal proceedings, a prerequisite for granting it is that the defendant is declared guilty.
Restitution in civil proceedings
If a victim FAILS to receive restitution in criminal proceedings, the court will instruct them to seek damages in civil proceedings, by bringing an action.
Right to free legal aid
If an offender is convicted of a violent crime by a valid final decision in criminal proceedings, the victim has the right, regardless of their financial situation, to apply for free legal aid in civil proceedings for restitution. The application should be submitted to the competent county office according to the victim’s place of residence.