The Crime Victims Compensation Act regulates the right to compensation to victims of violent intentional crime and their dependants, the respective claiming proceedings and the authorities that make decisions and participate in the decision-making proceedings on the respective rights. This Act also regulates the proceedings applied to cross-border situations in accordance with the Council Directive 2004/80/EC relating to compensation to crime victims (National cross-border situation is regulated in article 35 of the CCVA).
The applicant shall be eligible for the compensation hereunder if the formal and the material conditions specified herein have been duly fulfilled.
Formal conditions for access to the compensation hereunder are fulfilled if the applicant is a (Article 5 of Crime Victims Compensation Act):
- Citizen of the Republic of Slovenia or
- Citizen of any other Member State of the European Union.
Material conditions for access to the compensation hereunder are (Article 6 of Crime Victims Compensation Act):
- There are reasonable grounds for suspicion, that the applicant was a victim of a violent intentional crime (hereafter: the crime),
- The crime was committed on the territory of the Republic of Slovenia, on a Slovene ship or on a Slovene aircraft, regardless of the victim's location when the crime is committed,
- The act was detected and reported to the competent authority and dealt with as a criminal offence,
- There are no circumstances on the part of the applicant for which no application for compensation may be submitted under the Code of Obligations,
- Due to the crime the applicant sustained a bodily injury, impairment of health or suffering,
- Due to the crime the applicant incurred the damage recognized herewith,
- If it is probable that the offender of the act will not be able to pay compensation for the damage referred to in the preceding indent.
Violent intentional crime means an act committed with a direct attack on life and body, with the use of force or violation of sexual integrity, and may be punished with one or more years of imprisonment, in accordance with the Criminal Code (Article 2 of Crime Victims Compensation Act).
It shall be assumed that the offender will not be able to pay compensation in the following events (Article 7 of Crime Victims Compensation Act):
- If the offender remains unknown for three months from the detection or reporting of the criminal act and is not identified prior to the decision by the commission, or if it is not possible to prosecute the offender;
- If the eligible person is a child, disabled person or victim of domestic violence;
- In the event of a national cross-border case.
The eligible person is obliged, except in cases referred to in the Article 7, to claim indemnification in accordance with the Act governing the criminal procedure, or to bring an action for compensation. If the victim acts in accordance with the preceding paragraph, he or she is eligible to compensation pursuant to this Act, if he or she, in accordance with this Act, shall prove that the execution was not successful (Article 7a of Crime Victims Compensation Act).
If the crime invoked in the preceding paragraph results in a person's death, the rights hereunder may be enforced by the respective dependants, unless otherwise specified by law.
The Committee shall decide on the compensation claims at the meetings convened by the Chairman.
The applicant shall submit his or her application for compensation to the Ministry of Justice.