Information to potential applicants
Who is entitled to state compensation?
Persons recognised as victims of intentional criminal acts under the Criminal Procedure Law are entitled to state compensation.
Are there any restrictions as to the type of victim where the entitlement to state compensation is concerned?
State compensation can be claimed by a person recognised as a victim in criminal proceedings for any injury caused by an intentional crime that targeted the person's life or physical wellbeing or was a sexual offence and resulted in severe or moderate physical injury or the death of the person concerned.
What is the deadline for submitting an application for state compensation?
Applications for state compensation must be submitted within a year from the date on which the person concerned was recognised as a victim..
What is needed to receive state compensation?
To receive state compensation, the victim must complete the state compensation application form and attach the following documents to the application:
- in the event that the criminal proceedings are not over at the time the application for compensation is made, a report by the official leading the proceedings;
- in the event that the criminal proceedings are over by the time the application for compensation is made, the final ruling in force, handed down by the official leading the proceedings. If the final ruling provides for compensation for the victim's injuries but this measure has not been effected or has not been effected in full, a copy of the enforcement document must be attached to the application.
Where is the application form available?
The form and completion instructions are available:
- from the Legal Aid Administration (LAA, Pils laukums 4, Riga, free phone information line: +371 8000 18 01);
- from the official leading the criminal proceedings (at the police, the prosecutor's office or the court).
The form is also available on the LAA website at www.jpa.gov.lv.
What is the next step following completion of the form?
The completed application form with attachments can be submitted to the LAA office in person or by post. Address: Brīvības gatve 214, Riga, LV-1039.
Processing of state compensation applications
Within 30 days following receipt of the state compensation application, the LAA adopts a decision to pay or refuse payment of compensation in accordance with the cases set out in the Law on state compensation to crime victims. Where necessary, the LAA may request additional information and extend the decision-making period accordingly.
Announcement of a decision
The LAA announces its decision in writing by sending it to the address indicated by the applicant or by delivering it to the applicant in person. A copy of the decision is forwarded to the official leading the proceedings or to the court officer in charge of the case concerned.
What degree of state compensation is paid?
At present, the maximum state compensation that may be paid to a single victim of an intentional crime is equivalent to five minimum monthly salaries.
Compensation is paid at the following rates:
- 100% of the maximum if the crime resulted in the victim's death;
- 70% of the maximum if the person suffered severe physical injury or was a victim of a sexual offence;
- 50% of the maximum if the person suffered moderate physical injury.
What is the procedure for the payment of state compensation?
State compensation is paid within one month of the date on which the decision to pay compensation is made, by transfer to a current account held by the applicant at a bank or under the postal payment system.
State compensation cannot be paid in cash.
In what cases is state compensation refused?
State compensation is refused if:
- it is being claimed on insufficient grounds;
- the deadline prescribed in this Law for the submission of compensation claims has been exceeded, except in cases where there is justification for the delay (e.g. illness of the applicant);
- it is established that the victim knowingly provided false information when applying for compensation;
- the victim has received compensation equal to or exceeding the prescribed amount of state compensation from the perpetrator or a participant in the violent crime.