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The conditions for making financial claims in criminal proceedings are set out in Articles 100 to 112 of Chapter 10 ("Financial claims") of the Slovenian Criminal Procedure Act (ZKP) (Official Gazette Nos 96/04 – official consolidated version – and 101/05). A financial claim in criminal proceedings may be submitted by anyone who is entitled to bring such a claim in a lawsuit. A financial claim arising from a crime is heard as part of the criminal proceedings, on an application by the claimant, provided that it will not excessively prolong the proceedings. A financial claim may also concern compensation for damage, the return of property or the cancellation of a specific legal transaction.
The financial claim may be submitted up to the end of the trial before the court of first instance. If the person entitled has not submitted a financial claim in the criminal proceedings by the time the indictment is presented, he or she is informed of the possibility of submitting it by the end of the trial (Article 102(2) ZKP).
The injured party may submit the financial claim as soon as the crime is reported (under Article 147(1) ZKP this falls within the remit of the State Prosecutor) or at the latest while the proceedings are under way, by filing a special application or making a statement at the court where the proceedings are being conducted.
Claimants must describe their claim in detail and present evidence. A detailed description of a financial claim means that the claimant must define as precisely the type and amount of losses and the form of compensation.
Throughout the proceedings the injured party has the right to appoint an authorised representative, who need not be an attorney.
The court in question hears the defendant's account of the facts set out in the application and investigates the circumstances which are relevant for deciding on the financial claim. If investigation of the financial claim would excessively prolong the criminal proceedings, the court may simply gather any information that would be impossible or very difficult to establish at a later date (Article 104 ZKP).
On an application by the claimant, the court hearing the criminal proceedings may order the provisional securing of a financial claim arising from the crime, under provisions applicable to the enforcement procedure.
Article 156 of the Code of Obligations (Official Gazette Nos 83/01 and 32/04) provides that liability for damages relating to death or physical injuries resulting from a terrorist act or at a public demonstration rests with the State or those who, under the applicable regulations, should have prevented the damages. The Compensation to Crime Victims Act (ZOZKD) (Official Gazette No 101/05), which entered into force in Slovenia on 1 January 2006, states that victims of violent intentional acts and their dependents have the right to compensation for damages. It also lays down the procedure for making claims and determines which bodies are responsible for and participate in decisions on those rights.
Article 6 ZOZKD lays down material conditions for the award of compensation. One condition is that the victim has suffered a violent intentional act of a criminal nature, which, under the Penal Code (Official Gazette, consolidated version, can be an act that is carried out intentionally, involves the use of force or sexual assault and is liable to punishment by a prison sentence of over one year.
Yes. The victim must have suffered physical injury, impaired health or mental distress as a result of the crime.
Yes. If the victim died, his or her dependants (persons maintained by the deceased and persons who have the right to maintenance by law) may claim compensation.
The award of compensation is subject to the formal condition that the victim must be a citizen of Slovenia or a citizen of another EU Member State.
No. Compensation can be awarded only if the crime was committed on the territory of the Republic of Slovenia, on a Slovenian ship or on a Slovenian aircraft, irrespective of its whereabouts when the crime took place.
Yes. The action must be reported to the police as a criminal offence and must then be confirmed by the police, at the request of the person reporting it.
No. The victim may submit a claim whether or not criminal proceedings have been brought.
If criminal proceedings are brought against the offender, the victim must submit a financial claim in accordance with the law governing criminal proceedings and inform the commission responsible for decisions on compensation under the ZOZKD.
The victim has the right to compensation whether or not the offender has been identified and whether or not criminal proceedings have been brought.
The claim must be submitted no later than six months after the date when the crime in question was committed. If, because of physical injury, the victim is unable to submit the claim by that deadline, he or she must submit it no later than three months after the date when the reasons preventing him or her from submitting it have ceased to apply, and no later than five years after the date when the offence was committed.
Under the ZOZKD, compensation may be claimed for the following types of losses:
physical injury or impaired health, mental distress, loss of maintenance, medical expenses, funeral expenses and the destruction of property.
The factors taken into account to calculate the amount of compensation for physical injury or impaired health are: the circumstances of the individual case, the degree of pain resulting from injury or impaired health, and the duration of the pain. The ZOZKD sets out a scale for that type of compensation. For the award of other types of compensation, the ZOZKD refers to the implementing regulations governing those rights in Slovenia.
Under the ZOZKD, a maximum amount of compensation is laid down for individual types of losses.
The compensation laid down for an individual type of loss under the ZOZKD is reduced by the amount of any compensation, reimbursements and other forms of payment received by the claimant for the same type of losses on any other basis.
In determining the amount of compensation, account is also taken of the victim's conduct during and after the offence, his or her contribution to its origin, and the extent of the loss. If the conditions apply, the compensation is reduced accordingly or repaid in accordance with the provisions of the Code of Obligations (Official Gazette Nos 83/01 and 32/04).
The police and the Ministry of Justice give crime victims who intend to claim compensation all the necessary information on the scope and conditions for exercising their rights under the ZOZKD.
Yes. The victim may have an authorised representative throughout the proceedings.
Applications must be submitted in writing on the relevant form to:
1000 Ljubljana, Slovenia
Injured parties or crime victims can obtain the information they need at http://www.policija.si/en/index.html. There are also a number of NGOs which offer further help to crime victims - Beli obroč, Ključ, Društvo za nenasilno komuniciranje (Association for Non-Violent Communication), Ženska svetovalnica (Women's Counselling Service).Top
Last update: 23-04-2007