The translation of this document is outdated.
Translation validity: 01.01.2024.–31.12.2024.
Amendments not included:
04.12.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 November 2007 [shall come
into force on 1 January 2008];
14 November 2008 [shall come into force on 1 January
2009];
11 June 2009 [shall come into force on 1 August
2009];
1 December 2009 [shall come into force on 1 January
2010];
15 November 2012 [shall come into force on 1 January
2013];
5 June 2014 [shall come into force on 3 July 2014];
6 September 2018 [shall come into force on 1 January
2019];
26 October 2023 [shall come into force on 1 January
2024].
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 as a victim (hereinafter - the
victim) with the right to receive the State compensation for
moral injury, physical suffering or financial loss (hereinafter -
the 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 disbursed to the victim by the Court Administration and the
amount of the State compensation.
(2) The request and disbursement of the State compensation
shall, on the basis of this Law, 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 commenced, a detained person, a suspect, a
person against whom proceedings for the 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 was directed against the traffic safety
and the victim has the right to insurance compensation in
accordance with the laws and regulations regarding the compulsory
civil liability insurance of owners of motor vehicles.
[11 July 2009; 15 November 2012; 26
October 2023]
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
the 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 a criminal offence has resulted in the death of a
person 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 as the 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 person has died;
2) severe or moderate bodily injuries have been caused to the
victim;
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.
[11 June 2009; 15 November
2012]
Section 3.1 Obligation to
Repay into the State Budget the State Compensation Paid to the
Victim
(1) The following persons have an obligation to repay the
State compensation disbursed to the victim into the State
budget:
1) the victim if he or she has knowingly provided false
information to receive the State compensation or, until execution
of the decision on the disbursement of the State compensation,
has not notified the Court Administration of changes in the
information referred to in the request for State compensation
which relates to the compensation received for the harm inflicted
from the perpetrator of the criminal offence or from another
person on his or her behalf;
2) the perpetrator of a criminal offence 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 for reasons other than exoneration.
(2) If the State compensation has been disbursed to a minor
victim, in the case referred to in Paragraph one, Clause 1 of
this Section the representative of the victim who has exercised
the right of the minor to State compensation has the obligation
to repay the State compensation disbursed to the victim into the
State budget except where this is the duty of office of such
persons.
(3) If the person referred to in Paragraph one, Clause 2 of
this Section is a minor, he or she shall repay the State
compensation disbursed to the victim subsidiarily with the
parents or persons representing them, except where this is the
duty of office of such persons.
[6 September 2018; 26 October 2023]
Section 4. Tasks of the Court
Administration in Ensuring the State Compensation to Victims
(1) In ensuring the State compensation to victims, the Court
Administration shall:
1) disburse the State compensation in conformity with this
Law;
2) establish and maintain a State compensation register;
3) ensure the recovery of the amount of the disbursed State
compensation from the victim;
4) ensure the recovery of the amount of the State compensation
disbursed 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 the decision
on the State compensation.
(2) The funds recovered in the cases referred to in Paragraph
one, Clause 3 and 4 of this Section shall be paid into revenues
of the State basic budget.
[11 June 2009; 15 November 2012; 6
September 2018; 26 October 2023]
Section 5. Funds for the State
Compensation
The State compensation intended for the performance of the
tasks referred to in Section 4 of this Law shall be paid from the
State budget funds that are intended for the Court
Administration.
[26 October 2023]
Section 6. State Compensation
Register
(1) Inclusion of information in the State Compensation
Register, its processing and use, and maintenance of the State
Compensation Register shall be ensured by the Court
Administration. The Court Administration shall be the manager and
holder of the State Compensation Register.
(2) Information regarding disbursement of the State
compensation to victims, regarding disbursement refusals, and
also information regarding the recovery of the disbursed State
compensation 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 ensuring access to such information.
[6 September 2018; 26 October 2023
]
Chapter
II
Procedures and Conditions for the Request and Disbursement of the
State Compensation
Section 7. Maximum Amount of the
State Compensation
(1) The maximum amount of the State compensation to be
disbursed to one victim of a criminal offence shall be five
minimum monthly wages determined in the Republic of Latvia. The
amount of the State compensation to be disbursed shall be
calculated, by taking into account the amount of the minimum
monthly working wage determined at the time when the person was
recognised as the victim.
(2) The compensation shall be disbursed:
1) if a person has died - 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 the morality or sexual inviolability of the minor
victim has been violated, or the victim is a victim of
trafficking in human beings - in the amount of 90 %;
3) if a minor victim has suffered moderate bodily injuries or
the minor victim has been infected with human immunodeficiency
virus, hepatitis B or C - in the amount of 70 %;
4) if the victim has suffered moderate bodily injuries or the
morality or sexual inviolability of the victim has been violated
or the victim has been infected with human immunodeficiency
virus, hepatitis B or C, except for the cases referred to in
Clauses 2 and 3 of this Paragraph - in the amount of 50 %.
(3) The person who has been recognised as the 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 disbursed in the amount of 50 % from the
amount of the State compensation specified in Paragraph two of
this Section.
(4) [15 November 2012]
(5) [15 November 2012]
[11 June 2009; 15 November 2012; 5
June 2014; 6 September 2018]
Section 7.1 Determination
of the Amount of the State Compensation to be Disbursed
(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, the State compensation shall be disbursed
to such persons dividing it in proportion to the number of
victims.
(5) If after disbursement 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 as the victim in the same criminal proceedings, the State
compensation shall be disbursed to him or her 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 Court Administration has taken the
decision to recover the disbursed State compensation from the
victim in the cases laid down in this Law, the part of the State
compensation to be recovered shall be disbursed 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 Court Administration has
taken the decision to recover the disbursed State compensation
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 as the victim in criminal
proceedings and has also been recognised as the victim in the
same criminal proceedings due to the death of another person that
has occurred as a result of the criminal offence, the State
compensation shall be disbursed to the victim both for the
consequences which have set in for him or her as a result of the
criminal offence and 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 ruling that more severe consequences
have set in for the victim as a result of a criminal offence, the
difference between the State compensation paid and to be paid
shall be disbursed thereto.
(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 State compensation shall be
disbursed to the person who has been recognised as the victim in
the relevant criminal proceedings in such amount as would be paid
to the deceased victim.
[15 November 2012; 26 October 2023]
Section 8. Request for the State
Compensation and Documents to be Attached Thereto
(1) In order to receive the State compensation, the victim
shall submit a request for the State compensation to the Court
Administration - a completed form of the request for the State
compensation the sample of which is approved by the Cabinet.
(2) If the final ruling has not been taken 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 as
the 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
as the victim);
4) information regarding the person who has been recognised as
the representative of the victim in 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 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 as
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 harm inflicted as a
result of a criminal offence determined in accordance with
criminal procedural or civil procedural proceedings in the court
judgement or in the final ruling of the proceedings is not
fulfilled or is insufficiently fulfilled, a copy of the execution
document shall be attached to the final ruling of the person
directing the proceedings or it shall notify to which sworn
bailiff it has been submitted for compulsory execution.
(4) The victim may receive the form of the request for the
State compensation as well as information on the completion of
the form free of charge at the Court Administration.
[11 June 2009; 15 November 2012; 6
September 2018; 26 October 2023]
Section 9. Time Limit for the
Submission of the Request for the State Compensation
The request for the State compensation shall be submitted to
the Court Administration within three years after the day when a
person has been recognised as the victim or has become aware of
the facts that give such person the right to be recognised as
such.
[15 November 2012; 6 September
2018; 26 October 2023]
Section 10. Procedures for Examining
the Requests for the State Compensation
(1) The Court Administration shall take the decision to
disburse 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 Court Administration establishes that supplementary
information is necessary for taking the decision, it shall inform
the victim thereof within seven days from the day of receipt of
the request for the State compensation.
(3) If supplementary information is necessary for taking the
decision, the time limit for taking the decision referred to in
Paragraph one of this Section shall be suspended until receipt of
all the information requested by the Court Administration.
(4) If the Court Administration does not receive the
information requested within 15 days, it may decide on the
refusal to disburse the State compensation. The decision to
refuse to disburse the State compensation in this case shall not
be an obstacle for the victim to turn repeatedly to the Court
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, the Court Administration
shall not examine 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.
(7) The Court Administration shall leave the request for the
State compensation without examination if:
1) the victim withdraws the request for State compensation in
writing;
2) the victim who has submitted the request for State
compensation has died.
[11 June 2009; 15 November 2012; 6
September 2018; 26 October 2023]
Section 11. Disbursement of the
State Compensation
(1) The State compensation shall be disbursed in one payment
to the person recognised as the victim.
(2) The State compensation shall be disbursed within one month
after the day when the decision on the disbursement of the State
compensation was taken.
(3) The Court Administration shall transfer the amount of the
State compensation to the bank account indicated in the request
for the State compensation.
(4) The Court Administration shall not disburse the State
compensation and shall not ensure the execution of the decision
taken on the disbursement of the State compensation if:
1) the victim declines the receipt of State compensation in
writing;
2) the victim who has submitted the request for State
compensation has died.
[11 June 2009; 6 September 2018; 26
October 2023]
Section 12. Refusal to Disburse the
State Compensation
The State compensation shall not be paid if:
1) it is requested without a reason;
2) the deadline for the submission of the request laid down in
this Law is missed, except when the deadline 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;
4) the victim has received from the perpetrator compensation
the amount of which exceeds the amount of the State compensation
provided for 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, including the compensation
received from the perpetrator or from another person on his or
her behalf, the victim has an obligation, until the execution of
the decision on the disbursement of the State compensation, to
immediately, but not later than on the next working day after he
or she has become aware of such changes, notify the Court
Administration accordingly.
[6 September 2018; 26 October 2023]
Section 14. Notification of the
Decision on the State Compensation
(1) The decision of the Court Administration on the
disbursement of the State compensation or the refusal to disburse
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;
3) the institution which took the decision on the termination
of the criminal proceedings if the criminal proceedings have been
terminated.
[11 June 2009; 26 October 2023]
Section 15. Procedures for the
Contesting and Appeal of the Decision on the State
Compensation
(1) The decision of the Court Administration to disburse the
State compensation or to refuse to disburse the State
compensation may be contested in accordance with the procedures
laid down in the Administrative Procedure Law by submitting a
relevant submission to the Court Administration. The Court
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 for contesting referred to in
Paragraph one of this Section may be appealed to the
administrative district court in accordance with the procedures
laid down in the Administrative Procedure Law.
[11 June 2009; 26 October 2023]
Section 16. Subrogation Rights
[11 June 2009]
Chapter
III
Cooperation with Other European Union Member States
Section 17. Cooperation when
Disbursing the Compensation for the Injury that has Occurred as a
Result of a Criminal Offence Committed in the Territory of
Latvia
(1) The Court Administration shall take the decision on the
request of a permanent resident of another European Union Member
State to disburse the compensation for the injury that has
occurred as a result of a criminal offence committed 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 Court Administration need not be legalised
and equal formality shall not be applied thereto.
(3) The Court Administration shall, within seven days from the
day of receipt of the request, provide the following information
to the victim, but if the request has been received from a
competent authority of another European Union Member State, also
to such authority:
1) the confirmation of the receipt of the request for the
State compensation or the refusal to accept the request for the
State compensation;
2) time limit 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;
4) the contact information of such official of the Court
Administration who is responsible for taking the decision in
relation to the disbursement of the State compensation.
(4) The decision to disburse compensation or to refuse to
disburse compensation shall be sent by the Court Administration
to the victim who is a permanent 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.
[11 June 2009;15 November 2012; 26
October 2023]
Section 18. Co-operation when
Disbursing the 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 permanently lives in Latvia and to whom the
injury has occurred as a result of a criminal offence committed
in the territory of another European Union Member State has the
right to, directly or through the Court 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 Court Administration shall provide the victim with
information on the conditions, procedures, and additional
requirements for the disbursement of the State compensation
determined by the competent authorities of other European Union
Member States.
(4) After receipt of the request for the State compensation
and the documents appended thereto, the Court Administration
shall translate these and, within seven days, draw up the request
for the State compensation in conformity with the request for
compensation determined by the specific European Union Member
State and shall send them together with other necessary documents
to the competent authority of the relevant European Union Member
State.
(5) Upon request of such competent authority of the European
Union Member State which examines the request for the State
compensation, the Court Administration shall ensure the hearing
of the persons involved in the criminal proceedings.
[11 June 2009; 6 September 2018; 26
October 2023]
Chapter
IV
Recovery of the Disbursed State Compensation
[11 June 2009]
Section 19. Rights of the Court
Administration in Ensuring the Recovery of the Disbursed State
Compensation
When ensuring the recovery of the disbursed State
compensation, the Court Administration has the following
rights:
1) to request from the victim, his or her representative, the
perpetrator of the criminal offence and other State and local
government institutions the information necessary for the
recovery of the disbursed State compensation;
2) without a special court ruling, to substitute the victim
(collector) to recollect the amount of the disbursed State
compensation;
3) to impose an obligation on the victim to repay the received
State compensation into the State budget;
4) to impose an obligation on the perpetrator to repay into
the State budget the State compensation disbursed to the
victim;
5) to divide the amount of the State compensation to be repaid
in instalments if a reasoned written submission has been received
from the victim or the perpetrator. If the amount of the State
compensation to be repaid is divided into instalments, the whole
amount shall be repaid within five years from the day of the
coming into force of the decision of the Court Administration on
the recovery of the disbursed State compensation;
6) to request information from the sworn bailiff regarding the
progress of the recovery of the disbursed State compensation.
[15 November 2012; 6 September
2018; 26 October 2023]
Section 20. Recovery of the
Disbursed State Compensation from the Victim who has Received the
State Compensation
(1) If it is established that the victim has knowingly
provided false information in order to receive the State
compensation or, until the execution of the decision on the
disbursement of the State Compensation, has not notified the
Court Administration of the changes in the information referred
to in the request for the State compensation which relates to the
compensation received for the harm inflicted from the perpetrator
of the criminal offence or from another person on his or her
behalf, the Court Administration shall take the decision on the
recovery of the disbursed State compensation and notify the
victim thereof.
(2) The victim has an obligation to comply with the decision
referred to in Paragraph one of this Section within 30 days from
the day of receipt of the decision.
(3) If the victim does not comply with the decision referred
to in Paragraph one of this Section within the specified time
limit, the Court Administration shall prepare a warning on the
compulsory execution of the decision and notify the victim
thereof.
(4) If the victim does not voluntarily comply with the
decision referred to in Paragraph one of this Section within ten
days after receipt of the warning on the compulsory execution of
the decision and does not repay the received State Compensation,
the Court Administration shall transfer the decision on the
recovery of the disbursed State compensation for compulsory
execution to the sworn bailiff in accordance with the procedures
specified in the Administrative Procedure Law. If the amount of
the State compensation to be repaid is divided into instalments,
the end date for the repayment or the date of failure to make the
current payment according to the repayment schedule shall be
considered as the time limit for voluntary compliance.
(5) The time limit for the forced execution of the decision on
the recovery of the disbursed State compensation shall be 10
years. Upon reaching the abovementioned time limit, enforcement
proceedings shall be terminated on the basis of the Civil
Procedure Law.
[6 September 2018; 26 October 2023
]
Section 21. Recovery of the
Disbursed State Compensation from a Perpetrator
(1) If the State compensation has been disbursed to the victim
in incomplete criminal proceedings and court investigation has
not been commenced in the court of first instance, an application
for the recovery of the disbursed State compensation in the
interests of the State shall be maintained and satisfied in
accordance with the procedures laid down in the Criminal
Procedure Law.
(2) If criminal proceedings have been completed at the time of
taking the decision on State compensation and the court has
satisfied the application for compensation of the victim, the
Court Administration shall, by decision on the State
compensation, act on behalf of the victim (collector) in the
amount of the disbursed State compensation and inform the victim
or his or her representative and the sworn bailiff thereof. The
Court Administration shall send a notification to the perpetrator
of the criminal offence and to the court which rendered the
judgment of conviction that informs that they are representing
the victim (collector) in the amount of the disbursed State
compensation.
(3) If criminal proceedings have been terminated due to
circumstances non-exonerating the person or have been completed
and the State compensation disbursed to the victim for the
benefit of the State within the scope thereof has not been
recovered under the final ruling that has entered into effect or
it is not possible to act on behalf of the victim (collector) in
the amount of the disbursed State compensation, the recovery of
the disbursed State compensation from the perpetrator of the
criminal offence shall be ensured in accordance with the
procedures specified in Section 20 of this Law.
[6 September 2018; 26 October 2023]
Section 22. Forced Execution of the
Decision to Recover the Disbursed State Compensation
(1) The forced execution of the decision to recover the
disbursed State compensation shall be carried out by a sworn
bailiff.
(2) The sworn bailiff shall, within 30 days after receipt of a
request from the Court Administration, provide written
information thereto on the progress and results of the forced
execution of the decision.
(3) The sworn bailiff shall transfer the funds into the
relevant State budget account which have been recovered on the
basis of an executive order or a writ of execution and shall
inform the Court Administration thereof.
[26 October 2023]
Section 23. Procedures by which the
Decision to Recover the Disbursed State Compensation may be
Contested and Appealed
(1) The decision to recover the disbursed State compensation
may be contested in accordance with the procedures laid down in
the Administrative Procedure Law by submitting a relevant
submission to the Court Administration. The Court 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 for contesting referred to in
Paragraph one of this Section may be appealed to the
administrative district court in accordance with the procedures
laid down in the Administrative Procedure Law.
[26 October 2023]
Section 24. Non-Initiation of the
Recovery of the Disbursed State Compensation
The Court Administration shall not initiate an administrative
case for the recovery of the disbursed State compensation
against:
1) the perpetrator of a criminal offence if the person has
died or any of the conditions which exclude criminal liability or
does not allow criminal proceedings have come into force, except
where criminal proceedings have been terminated due to
circumstances non-exonerating the person;
2) the victim if the person has died.
[6 September 2018; 26 October 2023]
Section 25. Termination of the
Recovery of the Disbursed State Compensation
The Court Administration shall terminate an administrative
case for the recovery of the disbursed State compensation if:
1) the person has died;
2) the limitation period for the compulsory execution of the
decision on the recovery of the disbursed State compensation has
lapsed;
3) the time limit laid down in the Law for the submission of
executive documents for the compulsory execution has expired.
[6 September 2018; 26 October 2023]
Transitional
Provisions
1. The persons who have been recognised as victims in criminal
offences committed after 30 June 2005 shall have the right to
turn to the Legal Aid Administration with a request for the State
compensation. Until the day of coming into force of this Law, the
persons who have been recognised as victims in criminal offences
that have been committed after 30 June 2005 are entitled to
submit a request for the State compensation until 31 December
2006.
[11 June 2009]
2. If a criminal offence has been directed against the health
of a person and moderate bodily injuries have been caused to the
victim, the persons who have been recognised as victims as a
result of a criminal offence after 1 July 2007 shall have the
right to turn to the Legal Aid Administration with a request for
the State compensation.
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
disbursed 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 disbursed that has
been 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. The Legal Aid Administration shall examine requests for the
State compensation that have been received thereby until 1 August
2009 and shall grant the State compensation in accordance with
the laws and regulations that were in force until 1 August
2009.
[11 June 2009]
5. The Legal Aid Administration shall examine requests for the
State compensation that have been received thereby until 31
December 2012 and shall grant the State compensation in
accordance with the laws and regulations that were in force until
31 December 2012.
[15 November 2012]
6. The Legal Aid Administration shall examine requests for the
State compensation that have been received thereby until 31
December 2018 and shall grant the State compensation in
accordance with the provisions of this Law that were in force
until 31 December 2018.
[6 September 2018]
7. The time limit specified in Section 9 of this Law for the
submission of a request for State compensation shall apply to
persons that have been recognised as victims as a result of a
criminal offence starting from 1 January 2019.
[6 September 2018]
8. The examination of the submissions submitted to the Legal
Aid Administration and not examined until 31 December 2023 shall
be ensured by the Court Administration as the successor in
obligations of the Legal Aid Administration.
[26 October 2023]
9. Starting from 1 January 2024, the Court Administration as
the successor in obligations of the Legal Aid Administration
shall ensure the execution of valid administrative acts issued by
the Legal Aid Administration when ensuring the receipt of
services and also the recovery of such funds which are related to
the compensation disbursed to the victims.
[26 October 2023]
Informative
Reference to European Union Directives
[15 November 2012]
The 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.
The 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
1The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)
