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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

8 November 2007 [shall come into force from 1 January 2008];
14 November 2008 [shall come into force from 1 January 2009];
11 June 2009 [shall come into force from 1 August 2009];
1 December 2009 [shall come into force from 1 January 2010];
15 November 2012 [shall come into force from 1 January 2013];
5 June 2014 [shall come into force from 3 July 2014].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following Law:

On State Compensation to Victims

Chapter I
General Provisions

Section 1. Purpose of this Law

The purpose of this Law is to provide a natural person who, in accordance with the procedures laid down in the Criminal Procedure Law, has been recognised a victim (hereinafter - victim) with the right to receive a State compensation for moral injury, physical suffering or financial loss (hereinafter - injury) resulting from an intentional criminal offence.

[11 June 2009; 15 November 2012]

Section 2. Application of this Law

(1) The Law governs the procedures by which compensation shall be paid to the victim by the Legal Aid Administration and the amount of the State compensation.

(2) The request and payment of the State compensation, on the basis of this Law, shall not limit the rights of the victim to request the compensation in accordance with the Criminal Procedure Law and the Civil Procedure Law.

(21) The provisions of this Law regarding a perpetrator shall be applicable to a person against whom criminal proceedings have been initiated, a detained person, a suspect, a person against whom proceedings for determination of compulsory measures of a medical nature are taking place, and a convicted person.

(3) The victim has no right to receive the State compensation if the criminal offence had been directed towards the traffic safety and the victim has the right to insurance compensation in accordance with the laws and regulations on the mandatory civil legal liability insurance for owners of land means of transport.

[11 June 2009; 15 November 2012]

Section 3. Rights to the State Compensation

(1) The victim has the right to the State compensation.

(2) The victim has the right to the State compensation also if a perpetrator of a criminal offence or a joint participant thereof has not been identified or he or she in accordance with the Criminal Law shall not be held criminally liable.

(3) If the death of a person has occurred as a result of a criminal offence or the victim has died and has not requested the State compensation or has requested, but has not received the State compensation, the person who has been recognised a victim in the relevant criminal proceedings has the right to receive the State compensation.

(4) The right to the State compensation shall exist, if as a result of an intentional criminal offence:

1) the death of the person has occurred;

2) severe or moderate bodily injuries to the victim have been caused;

3) morality or sexual inviolability of the person has been violated;

4) the victim is a victim of trafficking in human beings;

5) the victim has been infected with human immunodeficiency virus, Hepatitis B or C.

[15 November 2012]

Section 3.1 Duty to Repay to the State Budget the State Compensation Paid to a Victim

The following persons have a duty to repay to the State budget the State compensation paid to a victim:

1) the victim, if he or she has deliberately provided false information in order to receive the State compensation;

2) the perpetrator who has been found guilty on the basis of the judgment of conviction or a prosecutor's penal order, or against whom criminal proceedings have been terminated due to circumstances not exonerating the person.

[11 June 2009; 15 November 2012]

Section 4. Tasks of the Legal Aid Administration

(1) The Legal Aid Administration shall:

1) pay the State compensation in conformity with this Law;

2) establish and maintain a State compensation register;

3) ensure the collection of the amount of the paid State compensation from the victim, who has intentionally provided false information in order to receive the State compensation;

4) ensure the collection of the amount of the State compensation paid to the victim from the perpetrator;

5) co-operate with the European Commission and other competent authorities of the European Union Member States in conformity with this Law;

6) request the information from the person directing the proceedings or a sworn bailiff, necessary for taking of the decision on the State compensation.

(2) The funds collected in the cases referred to in Paragraph one, Clauses 3 and 4 of this Section shall be paid into revenue of the State basic budget.

[11 June 2009; 15 November 2012]

Section 5. Funds of the State Compensation

The State compensation that is intended for the performance of the tasks referred to in Section 4 of this Law shall be paid from the State budget funds that have been intended for the Legal Aid Administration.

Section 6. State Compensation Register

(1) Inclusion of information in the State compensation register, the processing, utilisation thereof and maintenance of the State compensation register shall be ensured by the Legal Aid Administration. The Legal Aid Administration is the manager and keeper of the State compensation register.

(2) Information regarding payment of the State compensation to the victims, regarding refusals to pay it, as well as information regarding subrogation claims, shall be included in the State compensation register.

(3) The Cabinet shall determine the amount of information to be included in the State compensation register and the procedures for the ensuring of access to such information.

Chapter II
Procedures and Conditions for the Request and Payment of the State Compensation

Section 7. Maximum Amount of the State Compensation

(1) The maximum amount of the State compensation to be paid to one victim of a criminal offence shall be five minimum monthly wages laid down in the Republic of Latvia. The amount of the State compensation to be paid shall be calculated, taking into account the amount of the minimum monthly working wage determined at the time when the person was recognised a victim.

(2) The compensation shall be paid:

1) if the death of the person has occurred - in the amount of 100%;

2) if severe bodily injuries have been caused to the victim or the criminal offence has been classified as rape or sexual violence, or morality or sexual inviolability of the victim has been violated, or the victim is a victim of trafficking in human beings - in the amount of 70%;

3) if moderate bodily injuries have been caused to the victim or morality or sexual inviolability of the victim has been violated, except the cases referred to in Clause 2 of this Paragraph, or the victim has been infected with human immunodeficiency virus, Hepatitis B or C - in the amount of 50%.

(3) The person, who has been recognised a victim of a criminal offence that has been qualified according to Section 120, 121, 122, 127, 128 or 129 of the Criminal Law, the State compensation shall be paid in the amount of 50% from the amount of the State compensation laid down in Paragraph two of this Section.

(4) [15 November 2012]

(5) [15 November 2012]

[11 June 2009; 15 November 2012; 5 June 2014]

Section 7.1 Determination of the Amount of the State Compensation to be Paid

(1) If a victim has received compensation for the offence committed from the perpetrator or from another person on his or her behalf, the amount of the State compensation shall be reduced according to the compensation already received.

(2) If as a result of a criminal offence the consequences referred to in Section 7, Paragraph two, Clause 1, 2 or 3 of this Law have set in concurrently, one State compensation shall be paid according to the most severe consequences of the criminal offence. If as a result of a criminal offence several of the consequences referred to in Section 7, Paragraph two, Clause 2 or 3 of this Law of the same severity have set in concurrently, one State compensation shall be paid in the amount laid down in Section 7 of this Law according to the relevant consequences of the criminal offence.

(3) If as a result of a criminal offence death of several persons has occurred, the victim shall be paid the State compensation according to the number of such persons whose death in relation to which the person has been recognised a victim has occurred as a result of a criminal offence.

(4) If as a result of a criminal offence death of a person has occurred and several persons have been recognised as victims in criminal proceedings, such persons shall be paid the State compensation, dividing it in proportion to the number of victims.

(5) If after paying of the State compensation due to the death of a person that has occurred as a result of a criminal offence the person directing the proceedings recognises another person a victim in the same criminal proceedings, he or she shall be paid the State compensation in the same amount in which it was paid to the victim or victims.

(6) If the State compensation for the death of a person that has occurred as a result of a criminal offence has been paid to several victims and the Legal Aid Administration has taken a decision to recover the paid State compensations from the victim in the cases laid down in this Law, the part of the State compensation to be recovered shall be paid to another victim or in proportion to other victims in the same criminal proceedings. The condition referred to in the first sentence of this Paragraph shall not apply if the Legal Aid Administration has taken a decision to recover the paid State compensations from the victim because the victim has received compensation for the damage caused from the perpetrator or from another person on his or her behalf.

(7) If a person has been recognised a victim in criminal proceedings and has also been recognised a victim in the same criminal proceedings due to the death of another person that has occurred as a result of a criminal offence, the victim shall be paid the State compensation both for the consequences which have set in for him or her as a result of the criminal offence and a compensation for the death of another person that has occurred as a result of the criminal offence.

(8) If the State compensation has been paid and it has been established in the final adjudication that more severe consequences have set in for the victim as a result of a criminal offence, he or she shall paid the difference between the State compensation paid and to be paid.

(9) If the victim has died and has not requested the State compensation or he or she has requested the State compensation, but has not received it, the person who has been recognised a victim in the relevant criminal proceedings shall be paid the State compensation in such amount as would be paid to the deceased victim.

[15 November 2012]

Section 8. Request for the State Compensation and Documents to be Attached thereto

(1) The victim shall submit a request for the State compensation to the Legal Aid Administration - a completed form of the request for the State compensation, the sample of which shall be approved by the Cabinet - in order to receive the State compensation.

(2) If a final verdict has not been reached in criminal proceedings at the time of the request for the State compensation, the victim shall attach a statement of the person directing the proceedings to the form of the request for the State compensation, in which the following shall be indicated:

1) time and place of committing the criminal offence;

2) the qualification of the criminal offence, the form of the committed criminal offence established at the time of the issuance of the statement, date of commencement of the criminal proceedings and the criminal case number;

3) information regarding the person, who has been recognised a victim in the criminal proceedings (given name, surname, personal identity number, address of the place of residence of the person indicated in the criminal proceedings, contact information, as well as the date when the person was recognised a victim);

4) information regarding the person who in criminal proceedings has been recognised as a representative of the victim (given name, surname, personal identity number, address of the place of residence of the person indicated in the criminal proceedings, contact information, as well as the date when the person was recognised as the representative), if the victim is exercising his or her rights with the intermediation of a representative;

5) nature of the injury caused as a result of a criminal offence (death of a person has occurred, seriousness of bodily injuries, violation of morality or sexual inviolability, presence of marks indicating to trafficking in human beings or human immunodeficiency virus, Hepatitis B or C has been established);

6) the date of the provision of an expert opinion, number of the opinion and the performer of the expert-examination;

7) information regarding the perpetrator in the criminal proceedings, if disclosure of such information does not hinder determination of truth in the case;

8) the number of such persons who have been recognised victims in the same criminal proceedings due to the death of a person that has occurred, and information regarding such persons (given name, surname, personal identity number, address of the place of residence of the person indicated in the criminal proceedings, contact information, as well as the date when the person was recognised as the victim).

(3) If criminal proceedings are completed or the decision of the person directing the proceedings regarding termination of the criminal proceedings has come into force for reasons other than exoneration, the victim shall attach the final adjudication of the person directing the proceedings, which has come into force, to the form of the request for the State compensation. If the compensation to the victim regarding the caused injury as a result of a criminal offence determined according to criminal procedural and civil procedural procedures in the court judgement or in the final adjudication of the person directing the proceedings is not executed or is executed deficiently, a copy of the execution document shall be attached to the final adjudication of the person directing the proceedings.

(4) The victim may receive the form of the request for the State compensation, as well as information regarding completion of the form, free of charge in the Legal Aid Administration.

[11 June 2009; 15 November 2012]

Section 9. Time Period for the Submission of the Request for the State Compensation

The request for the State compensation shall be submitted to the Legal Aid Administration within one year after the day when a person has been recognised a victim or has become aware of the facts that give such person the right to be recognised as such.

[15 November 2012]

Section 10. Procedures for Examination of the Requests for the State Compensation

(1) The Legal Aid Administration shall take the decision to pay the State compensation in the cases laid down in this Law within a month after receipt of the request for the State compensation.

(2) If the Legal Aid Administration determines that supplementary information is necessary for the taking of a decision, it shall inform the victim thereof within seven days from the day of the receipt of the request for the State compensation.

(3) The time period for the taking of the decision referred to in Paragraph one of this Section shall be suspended until the receipt of all information requested by the Legal Aid Administration.

(4) If the Legal Aid Administration does not receive the information requested within 15 days, it may decide to refuse the payment of the State compensation. The decision to refuse to pay the State compensation in this case shall not be an obstacle for the victim to turn repeatedly to the Legal Aid Administration with the request for the State compensation, in accordance with the procedures laid down in this Law.

(5) If it is established that the State compensation has been requested for the same criminal offence on the basis of which the State compensation has already been paid, the Legal Aid Administration shall not consider the request for the State compensation and return it to the person who submitted it.

(6) A repeated request for the State compensation for the same criminal offence is permissible if changes have occurred to the previously submitted information.

[11 June 2009; 15 November 2012]

Section 11. Payment of the State Compensation

(1) The State compensation shall be paid in one payment to the person recognised a victim.

(2) The State compensation shall be paid within one month after the day when the decision on payment of the State compensation was taken.

(3) The Legal Aid Administration shall transfer the amount of the State compensation to the bank account indicated in the request for the State compensation. If the bank account has not been indicated, the State compensation shall be transferred to the settlement account of the postal settlement system.

[11 June 2009]

Section 12. Refusal to Pay the State Compensation

The State compensation shall not be paid if:

1) it is requested without a reason;

2) the term for the submission of the request laid down in this Law is missed, except the cases when the term has been missed due to justifiable reasons (for example, illness of the person);

3) it has been determined that the victim has provided false information, when requesting it; or

4) the victim has received compensation from the perpetrator, the amount of which exceeds the amount of the State compensation intended in this Law or is equal to it.

[11 June 2009; 15 November 2012]

Section 13. Changes in the Information Provided

If changes have occurred in the information referred to in the request for the State compensation, the victim has the duty to inform thereof the Legal Aid Administration within seven days after he or she has become aware of the changes.

Section 14. Notification of the Decision on the State Compensation

(1) The decision of the Legal Aid Administration on the payment of the State compensation or the refusal to pay the State compensation shall be notified in writing, by sending it to the address indicated in the request for the State compensation or by handing it over to the addressee or the representative thereof in person.

(2) A true copy of the decision on the State compensation and a copy of the payment order shall be sent to:

1) the person directing the proceedings, if the final verdict has not been reached in the criminal proceedings;

2) the institution which has taken the final decision, if the criminal proceedings have been completed; or

3) the institution which took the decision on the termination of the criminal proceedings if the criminal proceedings have been terminated.

[11 June 2009]

Section 15. Procedures for the Contesting and Appeal of the Decision

(1) The victim may contest the decision of the Legal Aid Administration to pay the State compensation or to refuse to pay the State compensation in accordance with the procedures laid down in the Administrative Procedure Law, submitting a relevant submission to the Legal Aid Administration. The Legal Aid Administration shall forward the submission to the Ministry of Justice.

(2) The decision of the Ministry of Justice, which has been taken by examining the submission regarding the contested decision referred to in Paragraph one of this Section, may be appealed to the district administrative court.

[11 June 2009]

Section 16. Subrogation Rights [11 June 2009]

Chapter III
Co-operation with Other European Union Member States

Section 17. Co-operation when Paying a Compensation for the Injury that has Occurred as a Result of a Committed Criminal Offence in the Territory of Latvia

(1) The Legal Aid Administration shall take the decision on the request of a long-term resident of another European Union Member State to pay a compensation regarding the injury that has occurred as a result of a criminal offence in the territory of Latvia.

(2) The request referred to in Paragraph one of this Section shall be submitted in Latvian or English. The documents that are to be submitted to the Legal Aid Administration need not be legalised and equal formality shall not be applied thereto.

(3) The Legal Aid Administration shall, within seven days from the day of the receipt of the request, provide to the victim, but if the request has been received from a competent authority of another European Union Member State - also to it the following information:

1) the confirmation of the receipt of the request for the State compensation or a refusal to accept the request for the State compensation;

2) a period of time for the taking of the decision;

3) information regarding additional documents necessary for the examination of the request or other information if all documents have not been submitted; and

4) the contact information of such official of the Legal Aid Administration, who is responsible for the taking of the decision in relation to the payment of the State compensation.

(4) The decision to pay compensation or to refuse to pay the compensation shall be sent by the Legal Aid Administration to the victim who is a long-term resident of another European Union Member State, as well as to the competent authority of the relevant European Union Member State if the request has been received from it.

[15 November 2012]

Section 18. Co-operation when Paying a Compensation for the Injury that has Occurred as a Result of a Criminal Offence in the Territory of Another European Union Member State

(1) The victim who is a long-term resident of Latvia and to whom an injury has occurred as a result of a criminal offence in the territory of another European Union Member State has the right to directly or through the Legal Aid Administration submit the request for the State compensation to the competent authority of the relevant European Union Member State.

(2) The request for the State compensation shall be submitted in the language that the relevant European Union Member State has indicated as acceptable.

(3) The Legal Aid Administration shall submit to the victim information regarding the conditions, procedures and additional requirements for the payment of the State compensation determined by competent authorities of another European Union Member State.

(4) The Legal Aid Administration shall, within seven days, draw up the request for the State compensation in conformity with the request for the compensation determined by a particular European Union Member State and together with other necessary documents shall send them to the competent authority of the relevant European Union Member State.

(5) The Legal Aid Administration upon a request of such competent authority of the European Union Member State, which examines the request for the State compensation, shall ensure the hearing of the persons involved in the criminal proceedings.

Chapter IV
Collection of the Paid State Compensation

[11 June 2009]

Section 19. Rights of the Legal Aid Administration in Ensuring the Collection of the Paid State Compensation

When ensuring the collection of the paid State administration, the Legal Aid Administration has the following rights:

1) to request the information necessary for the collection of the paid State compensation from the victim, his or her representative, the perpetrator and other State and local government institutions;

2) without a special court adjudication, to represent the victim (collector), in order to regain the amount of the paid State compensation;

3) to impose an obligation to the victim to repay to the State budget the received State compensation, if he or she has intentionally provided false information in order to receive the State compensation;

4) to impose an obligation to the perpetrator to repay to the State budget the State compensation paid to the victim;

5) to divide the amount of the State compensation to be repaid in parts, if a motivated written submission has been received from the victim or the perpetrator. If the amount of the State compensation to be repaid is divided into parts, the whole amount shall be repaid within one year from the day of the entering into effect of the decision of the Legal Aid Administration on the collection of the paid State compensation;

6) to request information from the sworn bailiff regarding the process for the collection of the paid State compensation.

[11 June 2009; 15 November 2012]

Section 20. Collection of the Paid State Compensation from a Victim who has Received the State compensation

(1) If it is determined, in accordance with the procedures laid down in laws and regulations, that a victim has intentionally provided false information in order to receive the State compensation, the Legal Aid Administration shall take a decision to collect the paid State compensation and notify the victim thereof.

(2) A victim has an obligation to execute the decision referred to in Paragraph one of this Section within 30 days from the day of the receipt of the decision.

(3) If the victim does not fulfil the decision referred to in Paragraph one of this Section within the time period determined, the Legal Aid Administration shall prepare a warning on the forced execution of the decision and notify the victim thereof.

(4) If the victim does not execute the decision referred to in Paragraph one of this Section voluntarily, the Legal Aid Administration shall, 10 days after the warning has been received on the forced execution of the decision, prepare and submit the executive order issued in accordance with the procedures laid down in the Administrative Procedure Law for execution to the sworn bailiff.

(5) The deadline for the execution of the collection of the paid State compensation is 10 years. Upon reaching the deadline referred to, execution proceedings shall be terminated on the basis of the Civil Procedure Law.

[11 June 2009]

Section 21. Collection of the Paid State Compensation from a Perpetrator

[15 November 2012]

(1) If a victim has received the State compensation in relation to criminal proceedings, in which a final verdict has not been reached, an application for the collection of the paid State compensation in order to maintain and satisfy the interests of the State shall be ensured in accordance with the procedures laid down in the Criminal Procedure Law.

(2) If a victim has requested the State compensation in relation to completed criminal proceedings and the court has satisfied the application of the victim for the compensation, the Legal Aid Administration shall represent the victim (collector) with the decision on the State compensation in the amount of the State compensation paid. The referred-to decision shall be sent to the victim or the representative thereof and to the sworn bailiff.

(3) The Legal Aid Administration shall send a notification to the perpetrator and to the court which has made the judgment of conviction, informing that the Legal Aid Administration is representing the victim (collector) in the amount of the State compensation paid.

(4) If the criminal proceedings have completed and an application for compensation has not been received from the victim within the scope thereof, the collection of the amount of the State compensation paid from the perpetrator shall be ensured in accordance with the procedures laid down in Section 20 of this Law.

(5) If the criminal proceedings have been terminated for reasons other than exoneration of a person and the victim has received the State compensation, the collection of the State compensation paid from the perpetrator shall be ensured in accordance with the procedures laid down in Section 20 of this Law.

[11 June 2009; 15 November 2012]

Section 22. Forced Execution of the Decision to Collect the Paid State Compensation

(1) The forced execution of the decision to collect the paid State compensation shall be performed by a sworn bailiff.

(2) The sworn bailiff shall, within 30 days after receipt of a request by the Legal Aid Administration, provide written information thereto regarding the progress and results of the decision on forced execution.

(3) The sworn bailiff shall pay funds into the relevant State budget account, which have been collected on the basis of an executive order or a writ of execution.

[11 June 2009]

Section 23. Procedures by which the Decision to Collect the Paid State Compensation may be Contested and Appealed

(1) The decision to collect the paid State compensation may be contested in accordance with the procedures laid down in the Administrative Procedure Law, submitting the relevant submission to the Legal Aid Administration. The Legal Aid Administration shall forward the submission to the Ministry of Justice.

(2) The decision of the Ministry of Justice, which has been taken upon examining the submission regarding the contested decision referred to in Paragraph one of this Section, in accordance with the procedures laid down in the Administrative Procedure Law, may be appealed to the district administrative court.

[11 June 2009]

Section 24. Non-commencement or Termination of the Collection of the Paid State Compensation

The Legal Aid Administration shall not commence administrative proceedings for the collection of paid State compensation if at least one of the following conditions is determined:

1) the limitation period for execution of the decision on the collection of the paid State compensation has lapsed;

2) one of the conditions which excludes criminal liability or prevents criminal proceedings has set in, except cases where criminal proceedings have been terminated for reasons other than exoneration of a person;

3) the natural person has died and legal relations prevent the transfer of rights;

4) the deadline laid down in the Civil Procedure Law in relation to the submission of executive documents for the forced execution has expired.

[11 June 2009]

Transitional Provisions

1. The right to turn to the Legal Aid Administration with the request for the State compensation have such persons, who have been recognised as victims in criminal offences that have been committed after 30 June 2005. The persons, who have been recognised as victims in criminal offences that have been committed after 30 June 2005, until the day of coming into force of this Law are entitled to submit the request for the State compensation until 31 December 2006.

2. The right to turn to the Legal Aid Administration with the request for the State compensation, in case if a criminal offence has been directed against the health of a person and moderate bodily injuries have been caused to the victim, have such persons, who have been recognised as victims as a result of a criminal offence after 1 July 2007.

3. The condition referred to in the first sentence of Section 7, Paragraph one of this Law shall come into force on 1 January 2014. The maximum amount of the State compensation to be paid to one victim of a criminal offence until 31 December 2013 shall be determined in the amount of four minimum monthly wages and the amount of the compensation to be paid laid down in Section 7, Paragraph two of this Law shall be calculated on the basis of four minimum monthly wages.

[15 November 2012]

4. An application for the State compensation which has been received by the Legal Aid Administration until 1 August 2009, shall be examined thereby and the State compensation shall be granted in accordance with the laws and regulations which were in force until 1 August 2009.

[11 June 2009]

5. The requests for the State compensation, which have been received by the Legal Aid Administration until 31 December 2012, shall be examined thereby and the State compensation shall be granted in accordance with the laws and regulations that were in force until 31 December 2012.

[15 November 2012]

Informative Reference to European Union Directive

This Law contains legal norms arising from:

1) Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims;

2) Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.

[15 November 2012]

This Law has been adopted by the Saeima on 18 May 2006.

Acting for the President,
Chairperson of the Saeima I. Ūdre

Rīga, 6 June 2006

 


1 The Parliament of the Republic of Latvia

Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 18.05.2006.Entry into force: 20.06.2006.Theme:  Criminal justicePublication: "Latvijas Vēstnesis", 87 (3455), 06.06.2006., "Ziņotājs", 13, 13.07.2006.
Language:
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