Ordinance On The Rules Of Procedure Of The Board

Original Language Title: Bekendtgørelse om forretningsordenen for Erstatningsnævnet

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Table of Contents
Chapter 1 Replacement Board
Chapter 2 Secretariat
Chapter 3 Preparing to prepare
Chapter 4 Decision of the court
Chapter 5 Various provisions

Publication of the Rules of Procedure of the Replacement Board

In accordance with section 11 (4), 4, in the case of compensation from the State to the victims of crime, cf. Law Order no. 688 of 28. June 2004, as amended by Section 2 of Law No 325 of 11. April 2012 :

Chapter 1

Replacement Board

§ 1. The Board shall consist of 1 President, and two other members, one of which is appointed by the Minister for Social Affairs and the Minister for Foreign Affairs and the Second Member, on the recommendation of the Legal Affairs Council. The members are appointed for four years.

Paragraph 2. A alternate shall be provided to each of the members of the Board. Paragraph 1 shall apply by analogy to the guise of alternates.

Paragraph 3. The Board shall be assisted by a secretariat, cf. Chapter 2.

Paragraph 4. The chairman shall organise the work of the Board of the Board of the Board, and shall determine the meeting days of the Board.

§ 2. All members of the Board shall participate in the proceedings. If a member is indisposed, it shall be a member of the same person who is in debt.

Paragraph 2. However, without the participation of the other members of the jury, the chairman or his other members may take a decision in unquestionable and frequently occurring cases, if :

1) compensation must be granted in accordance with the judgment in cases where an applicant has legal claims on compensation ;

2) it appears to be that the application cannot be accommodated, or

3) the compensation does not exceed 250 000 cranes and the application in the essential accommodated.

Paragraph 3. The Chairman of the Committee may, in the case referred to in paragraph 1, take a decision in the cases referred to in paragraph 1. 2, no. In the case of paragraph 1 and in the cases referred to in paragraph 1, 2, no. 3 if the replacement does not exceed 125,000 kr.

§ 3. The juror's meetings aren't public.

Paragraph 2. The Board may refer to the injured person or his representative to a meeting of the latter. The Member may also call on others who are aware of the conditions, including the injury provider, to give an explanation.

Chapter 2


§ 4. The Ministry of Justice provides secretarial assistance to the Board of Justice. The Secretariat of the Secretariat (secretariat of secretariat) shall be a lawyer.

Paragraph 2. The secretariat shall ensure, during the preparation of the Secretariat, and in cooperation with the chairman of the Board of the Board of the Chairperson of the Chairperson of the Chairperson of the Committee, prepare the proceedings for the decision of the Committee and prepare the annual report, cf. § 13.

Chapter 3

Preparing to prepare

§ 5. Application to the Board of Appeal for damages shall be submitted in writing

1) the completion of the draft application, or

2) the preparation of the second equivalent compensation application with the information mentioned in the scheme.

§ 6. The application must be submitted to the police in the police circle where the notification of the offence has taken place. The application shall be forwarded by the police to the Erstate Board attached to the police files, including

1) police reports,

2) medical information, including police records,

3) any transcript of the Book of Appetal and the Book of Appetal, or Opinion of Opinion, Statement of Work or the like which have been dispatched to the victims at the end of the proceedings, and

4) where appropriate, the compensation provided for in the case or presented in the court.

Paragraph 2. If the case is subject to the claim, continues to be processed by the police, the prosecution or in the courts, the police shall not submit the application to the Board at the end of the proceedings. However, the case may be submitted before it has been completed by the police, the prosecution or in the courts, if the conditions are to be considered.

§ 7. The liability of the injury shall be deemed to be the case by the General Administrative Party not as a party to the matter of the State.

§ 8. The Secretariat or the Secretariat of the Secretariat shall decide on the information to be obtained for the preparation of the cases, including :

1) whether or not to obtain medical records or recipes thereof,

2) the call for victims should be examined by a doctor and, where appropriate, to be subject to the observation and treatment of a doctor, and

3) whether or not to obtain an opinion on the case from the Management Board, cf. the replacement liability of 10.

Paragraph 2. The secretariat or the secretariat of the secretariat shall examine matters and decide whether or not the cases should be submitted to Members, by the President, or shall be treated by the secretariat pursuant to Article 2 (2). 3.

Chapter 4

Decision of the court

§ 9. Decision shall be taken by the majority by the voting majority.

Paragraph 2. Voting shall be done in writing or orally at a meeting between the members, if deemed appropriate.

§ 10. The Board shall not take a decision prior to the criminal proceedings against the injury provider in the final judgment, or the investigation is suspended. The decision shall also be suspended for the purpose of ascertain whether the damage is covered from the other side, cf. Section 7 of the State for Replacement of the State for the Crime of Crimes.

Paragraph 2. Notwithstanding the terms of paragraph 1 1 have not been fulfilled, the Board may take a decision if the conditions are in favour of it.

§ 11. The decisions of the jury shall be written and signed by the chairman, his alternate or the one authorized by the President.

§ 12. At the same time, with the decision of the case, the Board shall send a copy of the decision to the police in the police force, where the notification of the offence has taken place as far as possible with an indicative setting as to whether or not to account for the damage caused by the injury provider.

Chapter 5

Various provisions

§ 13. The Board shall give up every year before 1. In July, a report to the Minister for Justice on the activity of the jury has been the previous year The report shall be published on the Board's website.

§ 14. The announcement shall enter into force on 1. May 2012.

Paragraph 2. At the same time, notice No 787 of 12. On August 2005 of the Rules of Procedure for the Erstate Board.

Ministry of Justice, the 17st. April 2012

Morten Bødskov

/ Carsten Kristian Vollmer