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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 34 No. 1, 2013.

Review article

STATE COMPENSATIONS FOR VICTIMS OF CRIME IN THE REPUBLIC OF CROATIA

Maja Bukovac Puvača ; Pravni fakulltet Sveučilišta u Rijeci

Full text: croatian pdf 451 Kb

page 333-354

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Abstract

This paper deals with state compensations for victims of some types of crime which are to be paid by the Republic of Croatia. The Act on the Compensation for Victims of Crime will come into force on the day of the Croatian accession to the European Union. It stipulates the right to compensation to victims of violent crimes committed with intent, assumptions and procedures for the exercises of this right, decision-making bodies, and other bodies which take part in the process of deciding on the right and procedure to be applied in cross-border cases. The state will pay compensation for medical expenses and lost earning to victims of crime, compensation for loss of maintenance to their dependants as well as the victim’s funeral cost. All elements of compensation have an upper limit above which such compensation shall not be granted. Amounts of compensation can also be reduced on various grounds (e.g. victim's conduct before, during or after the crime; payments from other sources). Furthermore, the Committee on compensation for victims of crime makes a decision on compensation in the administrative procedure. There are however, special rules for such procedures in cross-border cases. The Republic of Croatia has implemented cross-border cooperation measures from the Directive 2004/80/EC and complies with the obligations under the European Convention on the Compensation of Violent Crimes. In this paper attention is given to the provisions which define persons authorized to compensation and conditions under which it may be granted. The author expresses doubts as to whether the Croatian compensation scheme will achieve the goal of the Directive 2004/80/EC. The reason for that is the weakness of the compensation system in the European Union, which depends on the national systems of the Member States. Possible consequences of exclusion of victims who are entitled to compensation under the Act on the Liability for Damage Caused by Terrorist Acts and Public Demonstrations from the right to compensation are also emphasized.

Keywords

compensation; victims of crime; medical expenses; lost earning; loss of maintenance; Directive 2004/80/EC; European Convention on the Compensation of Violent Crimes

Hrčak ID:

116293

URI

https://hrcak.srce.hr/116293

Publication date:

12.4.2013.

Article data in other languages: croatian

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