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Law On Consent To The European Convention On The Compensation Of Victims Of Violent Crimes, Done At Strasbourg On 24 November 1983 (1)

Original Language Title: Loi portant assentiment à la Convention européenne relative au dédommagement des victimes d'infractions violentes, faite à Strasbourg le 24 novembre 1983 (1)

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19 FEBRUARY 2004. - Act to approve the European Convention on the Compensation of Victims of Violent Offences, done at Strasbourg on 24 November 1983 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The European Convention on the Compensation of Victims of Violent Offences, made in Strasbourg on 24 November 1983, will come out with its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 February 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
Session 2003-2004
Senate
Documents. - Bill tabled on 3 October 2003, No. 3-218/1. - Report made on behalf of the commission, No. 3-218/2.
Annales parliamentarians. - Discussion, meeting of 5 December 2003. Voting, meeting of 5 December 2003.
House of Representatives
Documents. - Project transmitted by the Senate, No. 51-559/1. - Text adopted in plenary and subject to Royal Assent, No. 51-559/2.
Annales parliamentarians. - Discussion, meeting of January 8, 2004. - Vote, meeting of 8 January 2004.

EUROPEAN CONVENTION ON THE DEDOMMAGEMENT OF VIOLENT VICTIMS
States members of the Council of Europe, signatories to this Convention;
Considering that the purpose of the Council of Europe is to achieve a closer union between its members;
Considering that, for reasons of fairness and social solidarity, it is necessary to address the situation of persons who are victims of intentional offences of violence who have suffered injury to the body or health or persons who were responsible for victims who died as a result of such offences;
Considering that it is necessary to introduce or develop compensation schemes for these victims by the State in the territory of which such offences have been committed, especially in cases where the perpetrator of the offence is unknown or without resources;
Considering the need to establish minimum provisions in this area;
VU resolution (77) 27 of the Committee of Ministers of the Council of Europe on compensation for victims of criminal offences,
The following agreed:
PART Ier. - Fundamental principles
Article 1er. The Parties undertake to make the necessary arrangements to give effect to the principles set out in Part 1 of this Convention.
Art. 2. 1. When reparation cannot be entirely provided by other sources, the State must contribute to compensation:
a. of those who have suffered serious harm to the body or health directly resulting from an intentional offence of violence;
b. of those who were in charge of the deceased person following such an offence.
2. The compensation provided for in the previous paragraph will be awarded even if the author cannot be prosecuted or punished.
Art. 3. The compensation shall be granted by the State in whose territory the offence was committed:
a. to nationals of States parties to this Convention;
b. nationals of all Member States of the Council of Europe who reside permanently in the State in which the offence was committed.
Art. 4. Compensation will cover at least, as the case may be, the following elements of the injury: loss of income, medical expenses and hospitality, funeral expenses, and, with respect to dependants, loss of food.
Art. 5. The compensation plan may set, if necessary, for the whole or for the elements of the allowance, a limit above which and a minimum threshold below which no compensation will be paid.
Art. 6. The compensation scheme may set a time limit in which claims for compensation must be filed.
Art. 7. Compensation may be reduced or deleted in the light of the claimant's financial situation.
Art. 8. 1. Compensation may be reduced or deleted due to the behaviour of the victim or the complainant before, during or after the offence, or in relation to the damage caused.
2. Compensation may also be reduced or deleted if the victim or the complainant is involved in organized crime or belongs to an organization that engages in violent offences.
3. Compensation may also be reduced or deleted in the case or a repair, total or partial, would be contrary to the meaning of justice or public order.
Art. 9. In order to avoid dual compensation, the State or the competent authority may charge compensation awarded or claim to the compensation person any amount, relating to the injury received from the offender, social security, insurance or from any other source.
Art. 10. The competent State or authority may be subrogated in the rights of the person indemnified up to the amount paid.
Art. 11. Parties undertake to take appropriate measures to ensure that information on the compensation scheme is available to potential applicants.
PART II. - International cooperation
Art. 12. Subject to the application of bilateral or multilateral mutual assistance agreements concluded between Contracting States, the competent authorities of the Parties shall mutually agree, upon request, the widest possible assistance in the field covered by this Convention. For this purpose, each Contracting State shall designate a central authority responsible for receiving and following up requests for assistance and shall inform the Secretary General of the Council of Europe when depositing its instrument of ratification, acceptance, approval or accession.
Art. 13. 1. The Council of Europe's European Committee for Criminal Problems (CDPC) will be kept informed of the application of this Convention.
2. To this end, each Party shall transmit to the Secretary General of the Council of Europe any useful information regarding its legislative or regulatory provisions relating to matters covered by the Convention.
PART III. - Final clauses
Art. 14. This Convention is open for signature by the Member States of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Art. 15. 1. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three months Member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of Article 14.
2. For any Member State that subsequently expresses its consent to be bound by the Convention, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
Art. 16. 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede to this Convention by a majority decision provided for in Article 20, d., of the Statute of the Council of Europe, and unanimously by representatives of the Contracting States having the right to sit on the Committee.
2. For any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession to the Secretary General of the Council of Europe.
Art. 17. 1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
2. Any State may, at any time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Secretary-General.
Art. 18. 1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare to make use of one or more reservations.
2. Any Contracting State that has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.
3. The Party that has made a reservation with respect to a provision of this Convention may not claim the application of that provision by another Party; However, it may, if the reservation is partial or conditional, claim the application of this provision to the extent that it has accepted it.
Art. 19. 1. Any Party may, at any time, denounce this Convention by making a notification to the Secretary-General of the Council of Europe.
2. The denunciation shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Secretary-General.
Art. 20. The Secretary General of the Council of Europe shall notify the States members of the Council and any State that has acceded to this Convention:
a. any signature;
b. the deposit of any instrument of ratification, acceptance, approval or accession;
c. any effective date of this Convention in accordance with its Articles 15, 16 and 17;
d. any other act, notification or communication relating to this Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg, on 24 November 1983, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each Member State of the Council of Europe and to any State invited to accede to this Convention.

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