Law Amending The Law On Financial Assistance And Compensation To Victims Of Crime

Original Language Title: Закон за изменение и допълнение на Закона за подпомагане и финансова компенсация на пострадали от престъпления

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15664/

Name of law a law amending the law on financial assistance and compensation to victims of crimes of the Name Bill Bill to amend and supplement the law on the support and financial compensation to victims of crimes of acceptance Date 22/05/2016 number/year Official Gazette 53/2016 Decree No 216

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on financial assistance and compensation to victims of crimes, adopted by the HLIIÌ National Assembly on 22 June 2016.

Issued in Sofia on June 28, 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending the law to support and financial compensation to victims of crimes (official SG. 105 of 2006; amend., 32/2010)

§ 1. In art. 3 make the following amendments and additions:

1. In paragraph 8. 1, after the words "material and non-material damage from crime" is added "of a general nature" and add "of the offences referred to in paragraph 1. 3. "

2. Paragraphs 2 and 3 shall be read with the following adaptations:

"(2) where the victim has died as a result of the crime, the right to assistance and financial compensation passes to his heirs or the person you are in de facto cohabitation.

(3) financial compensation can obtain persons under para. 1 and 2, when they suffered injury from crime:

1. terrorism; intentional murder; attempted murder; intentional grievous bodily harm; fornication; rape; trafficking in human beings;

2. crimes committed on Commission or pursuant to a decision of the organized criminal group;

3. other serious intentional crimes, of which s″stavomerni have occurred as a consequence of death or grievous bodily harm. "

§ 2. In art. 6 make the following amendments and additions:

1. In paragraph 8. 1:

and before that, the text) 1 shall be amended as follows: "the Ministry of the Interior, the investigators and organizations for support of injured shall immediately notify the victims or the persons under art. 3, al. 2: ";

b) point 1 shall be amended as follows:

"1. the possibilities for access to medical care, for the organizations to which they can turn for a free psychological help and support, as well as for all kinds of specialized assistance that can get;"

in) a new item 4:

"4. the bodies that can be reported for infringement of their rights by the competent authority, acting in the framework of criminal proceedings;"

d) former paragraph 4 – 8 shall become item 5 – 9.

2. paragraph 2 is replaced by the following:

"(2) the person monitoring Attorney in the course of pre-trial proceedings ensure fulfilment of the obligations of investigating authorities for the provision of the information referred to in para. 1. "

3. Paragraph 3 is repealed.

§ 3. Create art. 6a and 6B:

"Art. 6. (1) upon notification under art. 6, al. 1, the competent authorities shall comply with the condition of the victims or the persons under art. 3, al. 2, including their age.

(2) notification shall be made orally and in writing by means of a form in a form in a language that the victims or the persons under art. 3, al. 2 understand.

(3) notification shall be drawn up on the model protocol, in duplicate, which shall be registered in the established in the body or organization under art. 6, al. 1 row. One copy of the Protocol and the form under para. 2 are served on the victim or the persons under art. 3, al. 2.

Art. 6B. Overseas representative offices of the Republic of Bulgaria in the Member States of the European Union, it shall inform in writing the Bulgarian citizens, who are out there and are victims of crimes in the territory of the host State, as well as the persons under art. 3, al. 2 – on request, to the competent authorities in that State, to which they can turn on the procedures for obtaining the support and financial compensation for the possibility under art. 19, para. 1, as well as on the conditions and procedures for obtaining the type of support under art. 8-11 on the territory of the Republic of Bulgaria. "

§ 4. In art. 7 make the following amendments and additions:

1. In paragraph 8. 1, item 2, the words "as well as of medical facilities, offices for social assistance" shall be replaced by "as well as the emergency medical centres, hospitals, ambulance directorates for social assistance.

2. in the Al. 2, after the words "Ministry of Interior" is added "the Ministry of Foreign Affairs" and a comma.

§ 5. In art. 8 make the following amendments and additions:

1. In paragraph 8. 1, item 3 Add "in accordance with the law on legal aid".

2. Paragraph 3 shall be amended as follows:

"(3) the forms of support under para. 1, 2 and 4 shall be provided in accordance with the principle of confidentiality prior to the initiation of criminal proceedings, at the time of or within a reasonable period of time after the completion of criminal proceedings in accordance with the needs of the victims and the persons under art. 3, al. 2. "

3. a para. 4:

"(4) if necessary, free psychological consultation and assistance under paragraph 1. 1, item 2 and after delivery of the judgment under art. 24. "

§ 6. In art. 9 the following amendments and supplements shall be made:

1. In paragraph 8. 1 Add "according to the needs of the victim and his psychological condition".

2. paragraph 2 is replaced by the following:


"(2) the activities under para. 1 is funded by the Ministry of Justice, the procedure at the choice of the organizations for the support of victims, the terms and conditions of financing, reporting and control of their activity shall be determined by the regulation for implementation of the law in compliance with the State aid rules. "

3. Paragraph 3 is repealed.

§ 7. Article 10 shall be repealed.

§ 8. In art. 11 the following endorsements are added:

1. In paragraph 8. 2 Finally a comma and add "in the provision of information concerning the risk of secondary victimisation and, by intimidation or revenge, as well as in providing advice on preventing them."

2. a para. 3:

"(3) organisations to support stricken provide shelter or another suitable temporary accommodation of victims of the crimes for which there is an imminent risk of secondary victimisation, and intimidation and revenge."

§ 9. In art. 12 make the following amendments and additions:

1. a para. 1:

"(1) victims of crimes are entitled to a one-time financial compensation under the conditions and in accordance with this law."

2. The current text becomes paragraph 2 and in it:

a) a new paragraph 2:

"2. an agreement to solve the case in pre-trial proceedings;"

(b)) the current paragraph 2 and 3 shall become paragraph 3 and 4.

§ 10. Article 13 shall be amended as follows:

"Art. 13. (1) the financial compensation shall be expressed in the provision by the State of the monetary amount, such as the maximum size for a person under art. 3, al. 1 or for the persons under art. 3, al. 2 must not exceed EUR 10 000.

(2) where the financial compensation shall be granted for the maintenance of the persons under art. 3, al. 2 under the age of 18, the amount of any one person is up to 10 000 BGN.

§ 11. In art. 14 the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the procedure for the determination of damages under para. 1 and the payment of the financial compensation shall be determined by the regulation for implementation of the law. "

§ 12. In art. 18 the following amendments and supplements shall be made:

1. Paragraph 3 is replaced by the following:

"(3) the request for financial compensation shall be submitted to the National Council within one year of the entry into force of the Act under art. 12, al. 2. The application may be filed by the Organization for the support of injured or by the Governor in the current address of the victim. "

2. in the Al. 4, the words "submitted to" shall be replaced by ' brought '.

3. a new paragraph. 5:

"(5) where the application is made by an organization for the support of victims, it is then sent to the National Council within 7 days of its receipt."

4. the Previous para. 5 and 6 become Al respectively. 6 and 7 are amended:

(6) when the request for financial compensation was not filed within the time limit referred to in paragraph 1. 3, the victim or the persons under art. 3, al. 2 submit a written statement of the reasons and circumstances of non-compliance with the time limit. The National Council admitted or denied the request, which was refused.

(7) shall apply to the application certified copies of documents that certify the following in her data, including the model declaration by the victim or by the persons under art. 3, al. 2 for the circumstance under art. 15, para. 1, item 4. "

5. a para. 8:

"(8) where the victim is a national of another Member State of the European Union, on the establishment of the grounds under art. 15, para. 1.1 the National Council may request the assistance of the competent authorities of the Member State whose citizen is the victim. "

6. The current paragraph. 7 it al. 9 and is replaced by the following:

(9) the National Council shall provide to the victim of the Governor and of the Organization for the support of victims, where the application is received by them, the information for a contact person in the Ministry of Justice, document for the receipt of the request and the time limit for pronouncing on it. "

§ 13. In art. the following 20 amendments:

1. In paragraph 8. 2, after the words "composed of" insert "permanent members".

2. a new paragraph. 3:

"(3) in accordance with para. 2 identify and reserve members that replace permanent members in their absence. "

3. the Previous para. 3 and 4 become Al respectively. 4 and 5.

§ 14. In art. 21, paragraph 2, after the words "considering her" a comma and add "models of the form and of the Protocol under art. 6 (a), para. 2 and 3, of the declaration under art. 18, al. 7. "

§ 15. In art. 22 al. 2 shall be amended as follows:

"(2) the powers and activities of the Expert Committee shall be governed by the regulation for implementation of the law."

§ 16. In art. 23 al. 1 shall be amended as follows:

(1) the National Council meets once a month. "

§ 17. In art. 24 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) Applications for the grant of financial compensation be considered within one month from the date of their receipt. If necessary, this period may be extended up to three months. "

2. paragraph 6 is replaced by the following:

"(6) a copy of the decision shall be sent without delay to the victim and of the District Governor or the Organization for the support of injured, when the request for financial compensation is received by them."

3. in the Al. 7 the words "art. 12, item 3 "shall be replaced by" art. 12, al. 2, item 4.

§ 18. In art. 25, para. 2 the words "in a special extra-budgetary account" shall be replaced by the words "budget".

§ 19. In art. 28, para. 1, after the words "art. 11, para. 1 "insert" and 3 and art. 18, al. 5. "

§ 20. In the additional provision, the following amendments and supplements shall be made:

1. The title shall be replaced by the following: "additional provisions".

2. § 1a shall be inserted:

"§ 1 (a). This law introduces the requirements of Directive 2013/29/EC of the European Parliament and of the Council of 25 October 2012 for the establishment of minimum standards for rights, support and protection of victims of crime and for the replacement of the Council framework decision 2001/220/JHA (OJ L 315/57 from 14 November 2012). "


Transitional and final provisions

§ 21. Within three months of the publication of this law in the Official Gazette the Council of Ministers shall adopt those of law enforcement.

§ 22. The votes until the entry into force of this law, applications for financial compensation shall be dealt with under the existing terms and conditions.

§ 23. Within two months of the publication of this law in the Official Gazette the National Council shall prepare and submit to the Minister of Justice establishing models of the form and of the Protocol under art. 6 (a), para. 2 and 3 of the declaration under art. 18, al. 7.

§ 24. The law shall enter into force three months after its publication in the Official Gazette, with the exception of § 21 and 23, which shall apply from the day of promulgation.

The law was passed by the National Assembly-43 on 22 June 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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