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Criminal Damage Act

Original Language Title: Rikosvahinkolaki

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Criminal damage law

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope of law

The damage caused to a natural person or to the estate of the estate shall be replaced by State resources as provided for in this Act.

In addition, the harm inflicted on the legal person in the cases referred to in Articles 7 and 14 shall be replaced.

ARTICLE 2
Compensation for damage caused by a crime committed in Finland

The compensation shall be paid for the damage caused by the offence committed in Finland. However, compensation shall not be made if, at the time of the application for reimbursement, the injured party did not have a place of residence in Finland or another Member State of the European Union at the time of the offence, and where the connection between the damage to Finland is minor.

ARTICLE 3
Compensation for damage caused by a crime committed outside Finland

If a crime has been committed outside Finland, compensation shall be paid only for personal injury and suffering. The purpose of the compensation is that the victim of the offence was domiciled in Finland at the time of the offence and that his stay outside of Finland was due to work, study or other comparable reasons. In addition, the compensation to be paid for the loss of maintenance is conditional on the fact that, at the time of the offence, the maintenance of maintenance or maintenance, or the maintenance of a maintenance claim, was also established in Finland.

Damage and suffering caused by a criminal offence committed outside Finland may be considered to be remunerated in cases other than those referred to in paragraph 1, if the compensation is to be regarded as justified, In particular, the closeness of the offence to Finland, the relationship between the offender and the victim of the crime, the nature of the damage and the opportunity to obtain compensation elsewhere.

Chapter 2

Replacement injury

Personal injury and suffering
§ 4
Compensation to the injured party

Compensation shall be paid to the injured party:

(1) the necessary medical costs and other necessary costs;

2) loss of earnings;

(3) pain and suffering and other temporary drawbacks;

4) a permanent disadvantage.

In addition, the injured party shall be remunerated with reasonable compensation for damaged clothing and other personal use in the event of personal injury.

The cost of medical rehabilitation directly related to medical treatment is also reimbursed in the form of medical expenses.

§ 5
Determination of compensation for personal injury

Compensation for loss of earnings is governed by the law on compensation (412/1974) In accordance with the criteria set out in Articles 2a and 2b. However, the compensation shall not exceed EUR 125 per day reduced by the amount of earned income from the same period.

Compensation for pain and suffering and other temporary disadvantage and permanent disadvantage Chapter 5 of the Law on Compensation In accordance with the criteria laid down in Article 2c. However, compensation for pain and suffering and for other temporary handicaps shall not exceed EUR 10 000 less by the amount of the other compensation referred to in Article 19.

ARTICLE 6
Compensation for the victim of personal injury

The necessary expenses and the loss of earnings are reimbursed to the injured party Chapter 5 of the Law on Compensation In accordance with the criteria laid down in Article 2d. However, the compensation for loss of earnings amounts to a maximum of EUR 125 per day reduced by the amount of earned income from the same period.

§ 7
Compensation to the employer

The employer shall be replaced by the salary or the corresponding compensation paid by the employer to the person who has suffered the injury. However, the compensation shall not exceed EUR 125 per day.

Where personal injury has been caused by a criminal offence, for which the prosecutor may be prosecuted only at the request of the plaintiff, the payment to the employer shall be subject to the notification by the plaintiff to the investigating authority or the prosecutor Require a criminal offence or otherwise requested the submission of a preliminary investigation.

§ 8
Compensation for the death penalty

The cost of burial and related costs shall be replaced by: Article 5 (3) of the Law on Compensation On the basis of the criteria laid down.

Compensation for loss of maintenance Article 4 (4) of the Law on Compensation On the basis of the criteria laid down.

The necessary medical costs and other necessary costs, as well as the loss of earnings, resulting from personal injury suffered as a result of the death penalty, shall be replaced by: Chapter 5 of the Law on Compensation Under the conditions laid down in Article 4b. The cost of medical rehabilitation directly related to medical treatment is also reimbursed in the form of medical expenses. The compensation for loss of earnings does not exceed eur 125 per day, minus the same period of earnings for the same period. A total of up to eur 5 000 shall be paid out to a person close to him under this paragraph, less than the amount of the compensation provided for in Article 19.

§ 9
Replacement of suffering

The suffering caused by the injury shall be compensated for:

(1) whose sexual autonomy has been violated, or whose freedom has otherwise been violated;

(2) the personal integrity of which has been particularly seriously violated by an attempt to kill, murder or murder, a serious assault or an undertaking or any other comparable crime.

Compensation for suffering is provided for Article 6 of Chapter 5 of the Law on Compensation In accordance with the criteria laid down in paragraph 2. However, the compensation shall not exceed EUR 3 300 less by the amount of the future remuneration referred to in Article 19 of this Act. However, a maximum of eur 8 800 may be paid to the victim of a sexual offence or, if the victim was younger than the age of 18 years, less than eur 15 000. (4.2.2012)

ARTICLE 10
Maximum compensation

On the basis of the same transaction, the injured party shall receive compensation for personal injury and suffering amounting to a maximum of EUR 51 000 minus the sum of the other future compensation referred to in Article 19.

The maximum amount referred to in paragraph 1 shall not be included in the compensation for loss of earnings or of loss of maintenance.

ARTICLE 11
Method of execution of compensation

Compensation on the basis of personal injury shall be paid in the future for loss of earnings or loss of maintenance. However, compensation may be paid as a lump sum if it is appropriate in the light of the amount of the compensation.

A lump sum payment shall be made for pain and suffering and for any other temporary disadvantage or permanent handicap. However, compensation for a permanent disadvantage may be paid in whole or in part in repeated performance, if appropriate, taking into account the conditions and the amount of compensation suffered.

A lump sum is paid for suffering.

ARTICLE 12
Amendment of compensation

Where the circumstances justifying the imposition of compensation under Articles 4, 6, 7 or 8 (2) or 8 (2) or 8 have materially changed after the imposition of the compensation, the amount of the compensation or the way in which it may be paid may be changed. However, the lump sum shall not be reduced under this section.

For special reasons, the change in compensation for repayable payments may be imposed retrospectively. The compensation may, however, be increased at the earliest, including the initiation of an application for an increase in the compensation, or, if the case has been before the Court of Justice, including the initiation of an application for an increase in compensation. The compensation may be reduced or discontinued at the earliest including when the beneficiary of the compensation has been obliged to make the notification referred to in Article 46.

Esineinjury and financial damage
ARTICLE 13
Artifact injury caused by an investment

Under this law, an item of damage which has been caused by:

(1) a prisoner, arrested, detained in the custody of the authority or otherwise deprived of his liberty;

(2) mental or other mental illness, mental illness, mental illness, infectious disease, disability, intoxication, intoxication, intoxication, or any other comparable cause, regardless of whether or not they are placed in or preserved; Person;

(3) foreign law (301/2004) The person detained under the holding; or

4) Child Protective Services (683/1983) A child placed in custody and plant maintenance.

In addition, in order to receive compensation, the person referred to in paragraph 1 shall have caused the damage, in a prison or other establishment, when he is situated outside the institution or on leave, or after leaving the institution or Of custody.

See Article 1, Mental Health 1116/1990 Chapter 2-4, Infectious L 583/1986 § 17, Special care for disabled people 519/1977 ARTICLE 32, Accelerration L 41/1986 chapter 2 And the extradition to Iceland, Norway, Sweden or Denmark for the implementation of the decision on maintenance or management 761/1970 § 8 . Child protection L 683/1983 Has been repealed by the Child Protection L 417/2007 .

ARTICLE 14 (8.4.2010)
Adequate damage to community service, juvenile punishment or control of control

On the basis of this law, an item of damage is replaced by a person who has been sentenced to a place of service, a community service or a juvenile delinquent who has been sentenced to a place of service or employment and to the organiser of the place of employment, or to the person who arranges the work. In carrying out unpaid work or on a mission.

The organiser or the organiser of the service shall also be replaced by what he has had to pay to the Article 1 of Chapter 3 of the Law on Compensation (3), in order to compensate for the damage caused by a sentence of unremunerated work or work carried out in the course of the sentence of the probation service, community service or juvenile punishment.

§ 15
Allocation of liability

Where an act causing damage to an article has been taken by a person other than the person referred to in Article 13 or 14, the compensation payable under this law shall be calculated by dividing the amount of the damage between the cause of the damage, unless the cause of the damage is caused by: In the light of guilt or other factors, there is no reason to award compensation in any other way.

ARTICLE 16
The discretionary replacement of the injury and financial damage

In addition to the provisions of Articles 13 and 14, the damage to rem may be, at the discretion of the person, be replaced in whole or in part where the damage is significant and if the result has been affected by the age, illness, disability or otherwise of the injured person That was caused by helplessness. Account should be taken of the economic and other circumstances of the injured party.

The compensation may also, under the conditions laid down in Article 1 (1), carry out any kind of economic damage which is not linked to the damage to persons or objects.

§ 17
Maximum compensation

On the basis of the same transaction, the injured party shall receive compensation for damage and financial damage amounting to a maximum of EUR 25,500 minus the sum of the other future compensation referred to in Article 19.

Costs incurred
ARTICLE 18
Reimburation of costs

Where a case has been dealt with by a court, the person who has suffered damages under this law shall be reimbursed to the extent considered reasonable, the costs of the necessary measures to which he has taken to obtain his or her rights. Compensation for damages.

Chapter 3

Common provisions on the imposition of compensation

§ 19
Subsidiarity of compensation

The compensation payable under this Act shall be deducted from the compensation which the applicant has received or appears to be entitled to obtain from the same injury, on the basis of any other law or voluntary insurance, subject to the provisions of paragraphs 2 or 3. The same applies to the compensation which the applicant has received or is reasonably entitled to receive under the law of a foreign country.

From the offender or Article 1 of Chapter 3 of the Law on Compensation (1) or (3), the compensation payable shall be reduced only to the extent that it has been paid. The same shall apply to the reimbursement of costs from the counterparty.

The amount of the death penalty payable on the basis of insurance shall not be deducted from the compensation payable under this Act.

§ 20 (4.2.2012)
Basic deduction

On the basis of the same injury event, the total amount of compensation for pain and suffering and other temporary disadvantage, permanent disadvantage and suffering shall be reduced by a basic reduction of EUR 200.

ARTICLE 21
Interest

No interest shall be paid on compensation.

§ 22
Settlement of compensation

If the injured party has contributed to the injury or if any other aspect of the damage caused by the damage has also been the cause of the injury, the compensation may be adjusted accordingly. However, the compensation referred to in Article 8 (1) and (2) cannot be settled.

ARTICLE 23
Reporting and court proceedings

If the injured party has not reported the crime to the police and the police have not been informed otherwise, the compensation will be paid only for a specific reason. However, the compensation does not preclude the fact that the plaintiff has not applied for a criminal offence, or that he has withdrawn his sentence, subject to Article 7 (2).

If the case has been dealt with in a court of law, compensation shall not be paid to the injured party who has failed to do so in order to obtain the right to compensation for damages.

Chapter 4

Compensation procedure

§ 24
Compensation authority

The compensation shall be granted and executed by the State Treasury.

ARTICLE 25
Application for compensation

Compensation shall be submitted in writing within three years of the date of the judgment in the event of a final judgment, or, if the case has not been dealt with by a court, within ten years of the commission of the offence. For a specific reason, reimbursement may be made later.

The application will be submitted to the State Treasury. The application may also be lodged at the local office of the Social Insurance Institution for transmission to the State Treasury.

§ 26
The applicant's obligation to provide explanations

The application for reimbursement shall be accompanied by a copy of the judgment in the compensation case. If the case has not been dealt with by a court, the application shall be accompanied by a copy of the book report or, in the absence of a record of the preliminary investigation, any other reliable explanation of the accident. In addition, the applicant shall provide the State Treasury with the other documents and information necessary for the settlement of the claim and may reasonably be required, having regard also to the ability of the State Treasury to obtain a settlement.

If the claimant has received or is apparently entitled to compensation for the same damage, he or she shall inform the State Treasury.

The employer shall include in his claim application a statement of the salary paid by the injured person's incapacity for work and his incapacity for work, as well as the statement of the accident, as referred to in paragraph 1, unless the presentation of the report is: In the case of an application for compensation by the injured person.

§ 27
Conditions for resolving the compensation issue

The issue of compensation cannot be resolved until the applicant's right to compensation for damage has been resolved at first instance, or the case against the offender has been decided not to raise. However, the compensation may be settled if no charges have been filed or the decision not to prosecute has not been lodged within six months of the date on which the police received the information.

If the applicant's right to compensation under Article 19 is unfounded or otherwise unclear, the settlement of a claim under this Act may be deferred until the applicant's entitlement to a reduced allowance is definitively Solved. However, this does not apply to the offender or Article 1 of Chapter 3 of the Law on Compensation (1) or (3), the compensation liable for compensation.

ARTICLE 28
Prior compensation

The applicant shall be subject to prior compensation if the settlement of the claim in the State Treasury is delayed for reasons beyond the control of the applicant, and it is obvious that he is entitled under this law to a significant amount of compensation.

§ 29
Replacement of applications

A reasonable fee shall be paid to the applicant for the costs incurred in applying for compensation under this law if he has been granted legal assistance or ordered legal aid for the purposes of court proceedings. In criminal matters (689/1997) in Chapter 2 of Chapter 2 Basis. Similarly, if the case has not been dealt with by a court, the applicant fulfils the financial conditions for obtaining legal assistance. However, the application costs shall not be reimbursed if the application is manifestly unfounded. (4.2.2012)

The replacement of expenses shall show that, in the same way as referred to in paragraph 1, he or she has been granted legal assistance or appointed legal aid. If the case has not been dealt with by a court, the application shall be accompanied by a statement by the Legal Aid Office on the financial conditions of the legal aid.

ARTICLE 30
Impact of the court ruling on the decision on compensation

If the issue of compensation has been dealt with by a court, the State Treasury should base its decision on the ruling of the Court of Justice.

The State Treasury shall, in derogation from the decision of the Court of Justice of the Court of Justice in its decision, make an exception, to the detriment of the applicant, indicating the reasons for the derogation.

Chapter 5

State's right of recourse

ARTICLE 31
State's right of recourse

The applicant's entitlement to compensation for damage shall be transferred to the State on the date on which the State Treasury has decided to pay compensation, and no more than the amount of the compensation decided to pay.

Where, after the date referred to in paragraph 1, the person responsible has paid the applicant compensation, which was no longer entitled under the State Treasury compensation decision, the State has a right of recourse in respect of the corresponding payment only, Where the person responsible knew or should have known that the applicant was no longer entitled to payment.

ARTICLE 32
Recovery of access based on the right to guarantee

A claim based on the State's right of recourse is charged to the (2006) In accordance with Recovery shall not be possible until the judgment in which the person responsible is required to pay compensation has obtained the force of the law. In addition, in order to grant an exemption or relief from an amount receivable on the basis of a right of recourse to a State, it is in force in the event of a payment release (529/1980) Provides.

Chapter 6

Cooperation with the authority of another European Union Member State

§ 33
Submission of the application

The applicant, who has his habitual residence in Finland, may lodge an application to the State Treasury for compensation for damage caused by a deliberate violent crime committed in another Member State of the European Union The compensation system.

§ 34
Legal aid to the compensation authority of another Member State

At the request of the compensation authority of another Member State, the State Office shall:

(1) provide the compensation authority with an opportunity to consult the claimant, witness, expert or other person in Finland using a telephone or video conference or any other way; or

(2) consult the person mentioned in paragraph 1 and provide the compensation authority with a statement of consultation.

The consultation referred to in paragraph 1 (1) may be organised only with the consent of the hearing.

The consultation referred to in paragraph 1 (2) shall be carried out in accordance with the provisions of the Administrative Code. (2003) Articles 37 and 40 provide.

ARTICLE 35
Document language

The authority of another Member State may submit an application for compensation for damage caused by a deliberate violent crime in Finland to the State Office in Finnish, Swedish or English.

§ 36
Costs and translations

In the case referred to in this Chapter, no payment or compensation shall be made from the applicant or from the authority of another Member State.

Where appropriate, the State Treasury shall, at its own expense, arrange for translation of the application and related documents referred to in Article 33 to the language of the institutions of the European Community, which is the official language of the place where the offence is committed; or In the case of applications for which the State of establishment has indicated its approval.

ARTICLE 37
More detailed provisions

More detailed provisions on advice for the purposes of the application referred to in Article 33, on the language used in cooperation between the State Treasury and the authority of another Member State, and otherwise providing for cooperation By a decree of the Government.

Chapter 7

Appeals and recovery

ARTICLE 38
Appeals appeal

An appeal against a decision by the State Treasury under this Act is to appeal to the right of insurance within 30 days of the notification of the decision. However, the decision on the advance payment shall not be subject to appeal.

The State Treasury may notify its decision to the applicant by mail to the address indicated by the applicant. The applicant shall be deemed to have been informed on the seventh day of sending the letter unless otherwise displayed.

If the complaint has been lodged after the deadline provided for in paragraph 1, the right of insurance may, in spite of this, take a complaint if there have been compelling reasons for the delay.

The decision to appeal shall not be appealed against.

ARTICLE 39
Extraordinary appeal

If the final decision adopted by the Treasury or the right of insurance pursuant to this law is based on an incorrect or incomplete statement, or if it is obvious that the decision is contrary to the law, the right of the right to insurance may be made on a proposal by the State Treasury or At the request of a party, remove the decision and take or order the State Treasury to reopen the case. Upon completion of the aforementioned draft, the State Treasury may temporarily suspend the payment of the compensation or pay it in accordance with its proposal until the matter has been settled again.

In addition, an additional appeal is in force: In Chapter 31 of the Court of Justice Provides.

ARTICLE 40
Re-treatment on the basis of a new report

In the event of a refusal to grant compensation or an increase in the amount of compensation granted, the State Treasury has to re-examine it. Without prejudice to an earlier decision, the State Treasury may grant a reparation or grant a higher level of compensation. The right of insurance may also, when dealing with the appeal, proceed accordingly.

ARTICLE 41
Correction of an error in the decision

The correction of a clerical error and a clerical error in the decision of the State Treasury shall be governed by Articles 50 to 53 of the Administrative Code.

ARTICLE 42
Recovery of compensation

In the event of undue payment of compensation, the State Treasury shall, after having consulted the beneficiary, be obliged to reimburse the compensation unduly paid.

If, pursuant to Article 31 (2), the State does not have recourse to the right of recourse, the Legal Register Centre shall, after hearing the beneficiary of the compensation, oblige it to pay a contribution equivalent to that referred to in that paragraph. Back.

The recovery may be partially or totally waived if it is considered reasonable and the payment of compensation is not considered to be a result of the fraudulent conduct of the applicant or his representative or if the amount to be recovered is limited.

The decision to recover must be made within three years of the payment of the compensation. The decision may be taken later if the applicant or his representative were found to have acted fraudulently.

ARTICLE 43
Implementation of the recovery decision

The final decision of the State Treasury on recovery will be implemented in the same way as a legal judgment.

The final decision of the Legal Register Centre on Recovery shall be implemented in accordance with the law on the enforcement of the fine.

The compensation unduly paid may also be recovered in such a way that it is deducted from the compensatory payments. The reduction shall not, however, be made from compensation for pain and suffering and other temporary disadvantages, permanent damage, suffering, medical costs, funeral expenses or other personal injury Costs. Without the consent of the recipient, the amount of the compensation shall not be reduced more than one-sixth of the part of the compensation which is left after the payment of the advance payment of the advance (1118/1996) Or withholding tax on the taxable person's income tax (627/1978) Basis.

Chapter 8

Outstanding provisions

ARTICLE 44
Transfer ban

The agreement, which refers to the transfer of a right under this law to another or to its effect, is invalid.

ARTICLE 45
Compensation for a disabled person

The compensation that is to be paid to the quorum shall be paid to his guardian. However, compensation may be granted to a disabled person if the compensation relates to the property under his control or otherwise has the right to provide compensation.

The State Treasury is required to inform the Guardianship of the Kingdom of the Kingdom of the City of Deputies of a slight increase in the future of the undercurrent.

ARTICLE 46
Notification obligation

If, under the circumstances of the beneficiary, a change occurs which may cause a reduction or termination of compensation, he shall immediately inform the State Treasury.

§ 47
State's right to be informed

The State Treasury shall, notwithstanding the provisions of confidentiality rules and regulations, have the right to receive free of charge:

(1) the Court of Justice in its possession of the documents necessary for the purpose of settling the claim; and

(2) Law on police, criminal custody, prison care, social and health authorities and institutions, the treatment of foreign nationals in detention and the law on detention (2002) From the detention centre, the Pension Security Centre, the pension and insurance institutions, and the employer, unemployment fund or any other benefit from the applicant for the purpose of settling the claim.

Article 47a (4.2.2012)
Access to the Centre for Justice

The Justice Register Centre shall, notwithstanding the provisions of confidentiality rules and regulations, have the right to receive, free of charge from the State Treasury and the Court of Justice, information and documents necessary for the exercise of the State's right of recourse or of Article 42 (2) The recovery of the State resulting from the recovery decision within the meaning of the article.

ARTICLE 48
Revision of monetary amounts

The amounts referred to in Articles 5 to 10, 17 and 20 shall be reviewed by the State Council Regulation for a period of three years, respectively.

ARTICLE 49
Entry into force

This Act shall enter into force on 1 January 2006. However, Article 9 (1) (2) shall not enter into force until 1 January 2008.

This law repeals the criminal law of 21 December 1973 (185/1973) (hereinafter ' the Previous law , with subsequent amendments.

§ 50
Transitional provisions

The compensation for the damage caused by a crime committed before the entry into force of the law shall be subject to the previous law and to the provisions adopted pursuant thereto, subject to paragraphs 2 to 6.

Article 12 (1) shall also apply to a lump sum based on the damage caused by the offence committed before the entry into force of the law. In the light of the damage caused by the offence committed before the entry into force of the Act, Article 22 (1) of the previous law shall apply to the amendment of the compensation to be paid in the form of direct payments.

Chapter 4 and Article 47 apply in the case of compensation, which has been initiated after the entry into force of the law. However, if the deadline for claiming compensation for the damage caused by the offence committed before the entry into force of the law is longer than that of Article 25 (1) of this Act, the earlier law is applicable.

Chapters 5 and 7 shall apply to a decision adopted after the entry into force of the law.

Chapter 6 shall apply where compensation is claimed for damage caused by a crime committed on or after 1 July 2005.

The entry into force of the Act shall not apply to: (63/1999), Article 8 Provides for the request for an opinion on the criminal damage committee.

Any reference to the previous law shall mean the entry into force of this law by a reference to this law.

THEY 192/2005 , LaVM 16/2005, EV 186/2005, Council Directive 2004 /80/EC (32004L0080); OJ L 261, 6.8.2004, p. 15

Entry into force and application of amending acts:

4.2.2011/951

This Act shall enter into force on 1 March 2011.

Before the offence committed against the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply instead of Article 9 (2) and Article 20 of this Law.

By way of derogation from Article 48, the euro amounts provided for in Article 9 (2) and Article 20 shall be reviewed with effect from 1 January 2015.

THEY 251/2010 , LaVM 29/2010, EV 263/2010

8.4.2011/335:

This Act shall enter into force on 1 November 2011.

THEY 17/2010 , LaVM 30/2010, HVL 30/2010, EV 266/2010