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By bringing a civil action: under Italian law, bringing civil proceedings joined to a criminal prosecution is covered by Title V of the Code of Criminal Procedure (sections 74 and 75) in Book I, which covers parties involved in cases.
Section 74 of the Code in particular authorises the bringing of a civil action for compensation and damages for victims who have suffered harm, or their heirs and successors, in proceedings against the accused or the party civilly liable (the person who, under civil law, is responsible for the actions of the other).
Persons authorised to bring civil actions in criminal prosecutions under section 74 of the Code of Criminal Procedure are either natural or legal persons.
This right may be exercised independently of any action for compensation in the civil courts.
The right to bring civil proceedings joined to a criminal prosecution, on the basis of specific legal provisions, is also accorded to persons who have not directly suffered the harm resulting from the offence; this right is accorded on account of their interests (examples might include for instance a special guardian, a court commissioner, an official receiver and various types of associations and consortia).
A civil action is not admissible in criminal proceedings against juvenile offenders as defined in section 10 of Presidential Decree 448 /98.
The conditions under which civil proceedings may be joined to a criminal prosecution are covered by Title V of the Code of Criminal Procedure (section 76-82) in Book I, which covers parties involved in cases.
Civil proceedings may only be carried out by persons who enjoy the free exercise of their civic rights and have full legal capacity.
In the absence of these requisites, interested parties may embark on civil proceedings via persons who are duly authorised on the basis of the Code of Civil Procedure, as is expressly required by section 77 of the Code of Criminal Procedure.
To be receivable, civil proceedings must be brought before the court has ruled on the criminal proceedings (i.e. before the preliminary hearing or trial). If the action is brought after that date, the civil party may not make use of the possibility of presenting witnesses, experts or technical advisors.
If the action has been brought before the civil court, the proceedings may be transferred to the criminal proceedings, provided a judgment has not been reached in the civil action, in which case the interested party halts the civil action and the criminal court rules on the civil costs. Introducing a civil action into criminal proceedings suspends the civil proceedings which then follow after sentence has been passed by the criminal court (section 75 Code of Criminal Procedure).
To be admissible, the notification of civil proceedings must contain a formal indication of all the subjective and objective requirements of the case in question, as listed in full in section 78 of the Code of Criminal Procedure, and may be deposited both at the registry of the judge who has jurisdiction or directly in court. If it is presented out of court, the notification of civil proceedings must be served by the civil party on the other parties, and takes effect for each party from the day on which the notification is served.
The declaration of notification of civil proceedings is deposited at the registry of the judge who has jurisdiction or in court and, to be valid, must contain:
Yes. Under the new Act 206 of 3 August 2004, victims of terrorism or similar acts and their families are eligible for state assistance in criminal, civil, administrative and accounting procedures.
Any evidence that serves to demonstrate the harm that has been suffered as a result of the behaviour of the accused.
In some particularly serious offences (e.g. terrorism or similar acts, organised crime, usury, trafficking in human beings). In particular, regarding victims of terrorist acts, under the new Act 206 of 3 August 2004, which filled a gap in the legislation, the new measures are applicable to all victims of terrorism or similar acts carried out in Italy or abroad, if Italian citizens are involved, as well as their surviving family, thereby extending the scope of the legislation to surviving victims of terrorism even outside Italy.
Yes, e.g. for victims of acts of terrorism, everyone who has suffered permanent disability of less than 80% of their working capacity as a result of terrorism or similar acts is entitled to ten years' contributions to be paid into their pension fund to increase the level of their pension by the same amount on maturity, and the severance payments fund or similar scheme by the same amount. Anyone who has suffered a permanent disability equivalent to 80% or more of their working capacity as a result of an act of terrorism or a similar act is considered for all legal purposes to be a severely disabled war veteran within the meaning of section 14 of Presidential Decree No 915 of 23 December 1978.
Anyone who has suffered a permanent disability equivalent to 80% or more of their working capacity as a result of an act of terrorism or a similar act is also immediately entitled to a direct pension, calculated on the basis of the last salary received by the entitled payee and recalculated in line with section 2(2). The same criteria from section 2(2) are used to determine the survivor's pension or the indirect pension paid to survivors if the victim dies as a result of a terrorist act or similar occurrence, and moreover such pensions cannot be subject to any statutory reductions.
Anyone who, as a result of wounds or injuries caused by terrorist action or similar acts, suffers or has suffered permanent invalidity of not less than one quarter of their working capacity, or the survivors of such victims, including children who have reached adulthood, is now entitled to receive, starting from the date of entry into force of the legislation, in addition to the above benefits, a special, non-reversible living allowance of EUR 1033 per month, subject to an automatic review within the meaning of section 11 of Legislative Decree No 503 of 30 December 1992 as amended. Where the victim has died, survivors entitled to the survivor's pension receive two years' payments, inclusive of the thirteenth month, of the above-mentioned pension; this is restricted to the surviving spouse, minors, children who have reached adulthood, and parents and siblings, providing they were living with the person in question and dependent upon them. Recognised invalidity percentages which have been compensated on the basis of criteria and provisions in force when the law entered into force may be reviewed in the event of physical deterioration or recognition of any biological or mental harm suffered.
All victims of terrorism and similar acts and their families are also eligible for state-funded psychological counselling. Pensioners who are victims of terrorism or similar acts and their survivors are entitled to the permanent index‑linking of their pensions to the equivalent levels in force for their occupations and their length of service.
Yes. See the preceding reply.
Italian citizens, foreign citizens and stateless persons are all entitled to obtain compensation.
Under the new Law of 3 August 2004, No 206, which filled a gap in the legislation in that area, the new measures are applicable to all victims of terrorism or similar acts carried out in Italy or abroad, if Italian citizens are involved, as well as their surviving family, thereby extending the scope of the legislation to surviving victims of terrorism even outside Italy.
Yes, provided the crimes are covered by this legislation. Evidence demonstrating that the application for compensation is well founded is required.
If the application is submitted as part of civil proceedings joined to a criminal prosecution, the time limits are those that apply to such proceedings, as set out above. If the application is made outside court proceedings, normal legal time-limits apply.
Death and permanent invalidity, calculated using the percentages included in the law.
See 2.3 above.
Yes, but they vary according to the nature of the crime.
Under the new Act 206 of 3 August 2004, which filled a gap in the legislation in that area, the new measures apply to all victims of terrorism or similar acts carried out in Italy or abroad, if Italian citizens or their surviving family are involved, thereby extending the scope of the legislation to surviving victims of terrorism even outside Italy.
The law also updated the previous benefit measure that was in place for victims of terrorism.
The benefits, which were introduced by section 1(1) of Act 302 of 20 October 1990 as amended, now comprise payments of up to EUR 200 000 to be paid in proportion to the percentage of invalidity (i.e. EUR 2 000 per percentage point).
The competent government department may, even before judicial or administrative proceedings are launched, of its own authority or on application by a party, offer the victim of a terrorist act or similar event or the heirs and successors of such a person a sum as a final settlement which, if accepted, removes the right to any other act and constitutes a settlement in all respects.
Victims of terrorist crimes should not have recourse to the "Commission for harmful acts or crimes" [commissione degli atti lesivi o dei reati] in this connection.
With regard to victims of terrorist crimes, following the amendments to Legislative Decree No 13 of 4 February 2003 converted by Act 56 of 2 April 2003, payment of a living allowance to entitled persons (under Presidential Decree No 510 of 28 July 1999), is provided for even if no ruling has been made, provided the conditions on which the award is made are clear and unequivocally and indisputably result from terrorist or subversive action, or a factual connection with organised crime, and that there is a clear connection between the action itself and the event that caused the death or invalidity.
The legislation also increased the provisional benefit due to victims of terrorism and organised crime to 90%, and provided for the possibility of extending the living allowance already provided for in the existing legislation to Italians and foreign citizens and stateless persons and their heirs before any ruling by the courts, if the harm is clearly a result of result of terrorist or subversive action or organised crime.
From the Ministry of the Interior.
Yes, but applicants must pay their own costs.
To the Ministry of the Interior.
Victims of terrorism or similar acts and their families are entitled to state-funded psychological counselling.
Are there any other options for getting compensation from the offender (compensation orders)?
Last update: 15-01-2007