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Compensation

Victims can file a civil claim through which to claim compensation from the offender. 

Moreover, the law provides for certain specific instances where victims of crime can receive compensation directly from the State.  The law specifically dealing with this aspect is Legal Notice 190 of 2007, promulgated on the 20th of July, 2007. The legal provisions thereof implement the provisions of Council Directive 2004/80/EC relating to compensation to crime victims.As is to be expected, not all crimes give rise to compensation for the victims thereof. Eligibility is statutorily limited to criminal injuries sustained on or after 1st January, 2006. Eligibility is further discretionally limited by the considerations laid down by Article 8 (a) to (e) of said Legal Notice. This is commonly referred to as the Criminal Injuries Compensation scheme.

The content available on this website is for educational purposes only and does not constitute legal advice. For free legal or emotional advice and support pertaining to your specific situation, please contact Victim Support Malta (21228333)

Facts and information: compensation

Persons entitled to compensation are citizens of Malta and citizens of one of the Member States of the European Union.
 

If you do not qualify under this scheme, you may still claim compensation from the offender, or, if Criminal proceedings are ongoing, ask the Court to issue a compensation order. Victim Support Malta can provide you with a consultation to advise on how to proceed in this regard.
 

If you have been injured because of a violent crime which falls within the parameters of the scheme,  namely wilful homicide, grievous bodily harm with arms proper, other cases of grievous bodily harm, and rape, you can apply for compensation under the Criminal Injuries Compensation Scheme. It does not matter whether the offender has been caught, but there are other rules which will determine whether or not you receive compensation. As already mentioned earlier on, these rules are to be found in Article 8 of said Legal Notice, and it is imperative that whoever wishes to apply thereunder reads thoroughly through them and familiarizes himself with them prior to applying. To this effect, besides the brief useful information provided here, more information, explanations and assistance can be obtained from the Justice Unit situated at 30, Old Treasury Street, Valletta, during normal office hours, where you will find competent officials ready to answer your queries and assist you throughout.
 

Compensation will be by way of a lump sum payment, rather than a periodical pension, but it will be open to the Claims Officer to make an interim award and to postpone making a final award in a case in which a final medical assessment of the injury is delayed.
 

Indeed, the law itself thought of setting up the role of an 'Assisting Officer' precisely to assist in the filling up and receipt of applications and to assist in their evaluation. All applications are to be submitted to the Assisting Officer to be forwarded to the Claims Officer who shall determine awards and payments of compensation. Applications are to be submitted within a reasonable period of time and in any case not later than one year from when the violent intentional crime was committed. All applications must be accompanied by a police report.
 
The Claims Officer may, at his discretion, request any other additional evidence with the purpose, among other things, to ensure that compensation has not been awarded or will not be awarded from any other source including, if need be, an affidavit by the applicant and may call the applicant to be medically examined or re-examined.
 

No payment to any claimant shall exceed the sum of 23,293.73 euros and such sum shall not be exceeded where there is more than one claimant by virtue of the same crime.
 

No compensation will be payable to an applicant who has not, in the opinion of the Claims Officer, given the Claims Officer all reasonable assistance in relation to any medical report that he may require, and otherwise.
 
 

There are a number of documents and certificates which in all cases have to be submitted together with the relative application. So if you think you may qualify for compensation, it is advisable to make a note of the following:

  • Any extra expenses that you have had as a result of the offence, for example medical expenses or the cost of repairing or replacing your property.
  • Any loss of earnings you have suffered.
  • Any income that you have received as a result of the offence (for example social and/or unemployment benefits, or any relative Court Order for compensation).
  • Always keep any relevant receipts, estimates or other documents!