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On State Compensation To Victims

Original Language Title: Par valsts kompensāciju cietušajiem

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The Saeima has adopted and the President promulgated the following laws: the law on State compensation to victims ", chapter I General provisions article 1. The purpose of the law the purpose of the Act is to provide a physical person, which the criminal law is recognised as a victim (victim), the right to receive State compensation for intentional criminal offence created by the moral injury, physical suffering or economic loss (damage), if the crime targeted the person's life or physical wellbeing and the person's death or the victim suffered serious, moderate bodily harm, or the crime targeted the person's dzimumneaizskaramīb (hereinafter referred to as violent crime).
2. article. The operation of the law (1) of the Act regulates the procedures for the administration of legal aid paid by the State victim compensation and State compensation.
(2) the requesting State compensation and the payment on the basis of this law, without prejudice to the victim's right to claim compensation under the criminal law.
3. article. The right to State compensation (1) the right to State compensation is the victim.
(2) a victim has the right to State compensation even if the perpetrator of a violent crime or an accomplice have not been identified or are not criminally liable under the criminal code.
4. article. Tasks of the legal aid administration (1) the legal aid administration: 1) paid State compensation under this Act;
2) establish and maintain a national registry of compensation;
3) non-contentious procedure shall recover the amount of State compensation of the victim who knowingly provided false information in order to receive State compensation;
4) recourse procedure against violent crime offender or his or her accomplice;
5) according to that rule shall cooperate with the European Commission and other European Union Member States ' competent authorities;
6) if necessary, request from promoters of the process of making a decision required information.
(2) funds recovered from the first paragraph of this article 3 and 4, in the cases referred to in point contributions to the State budget revenues.
5. article. State compensation funds of State compensation for this Act referred to in article 4 tasks, is paid from the State budget for the administration of legal aid.
6. article. State compensation (1) the entry of Particulars in the register of State compensation, treatment, use and maintenance of the register of State compensation is provided by the legal aid administration. The legal aid administration is familiar with the register of State compensation and holder.
(2) the register of State compensation shall include the payment of State compensation for the victims, for their refusal to pay, as well as news about recourse.
(3) the Cabinet of Ministers established the register of State compensation amount of information required and the arrangements for access to this information.
 
Chapter II application for State compensation and the payment procedure and conditions article 7. The maximum amount of State compensation (1) one violent crime victim for State compensation payable the maximum amount is laid down in the Republic of Latvia 10 minimum monthly wages.
(2) Compensation is paid: 1) 100 percent, if the death occurred;
2) 70%, if the victim suffered serious personal injury or a victim of dzimumneaizskaramīb;
3) 50 percent, if the victim suffered moderate physical injury.
(3) a Person recognised as a victim of an offence, which qualified after criminal law 120, 121, 122, 127, 128 or 129..., State compensation is paid out 50 percent of the second part of this article, determine the amount of State compensation.
(4) if the victim of violent crime the perpetrator or an accomplice has received compensation for damage and this is proved by means of a document certifying payment of State compensation payable is reduced by the amount of compensation already received.
8. article. Request for State compensation and the documents (1) to receive State compensation, the victim shall be submitted to the legal aid administration request for State compensation — fill the State compensation application form, a model of which shall be approved by the Cabinet of Ministers.
(2) if the requesting State compensation at the moment criminal proceedings are complete, the victim State compensation application form, accompanied by a certificate of a driver of the process that contains: 1) violent crime date and place;
2) violent crime, criminal proceedings and the number of criminal cases;
3) details of the person recognised as a victim in criminal proceedings (first name, last name, social security number, home address, contact information);
4) violent crime as a result of the offence, the nature of injury (injury to the severity or the placing of signs indicating a sexual presence);
5) the date of the opinion of the experts, the number and expertise of the opinion of the perpetrator;
6) information on the suspect or the accused in criminal proceedings, if the disclosure of such information would not interfere with ascertaining the truth in the case.
(3) If criminal proceedings have been completed, or the entry into force of the decision on the promoters of the process, the termination of the criminal proceedings, the person does not reabilitējoš reason, the victim State compensation application form added, having been convicted by a final judgment of the promoters of the process. If the Court judgment or the final ruling of the promoters of the process victim in criminal proceedings or under civil procedures specified reimbursement for a violent crime as a result of the damage caused is not, or not completely met, process guide final ruling shall be accompanied by a copy of the document of compliance.
(4) the victim the legal aid administration free of charge can receive State compensation application form, as well as information on completing the form.
9. article. The State compensation application deadline for State compensation application for legal aid shall be submitted to the administration within one year after the day the person recognised as a victim.
10. article. The order in which the national claims for compensation (1) the legal aid administration within 30 days after receiving the request for State compensation in the decision on the payment of State compensation in the cases stipulated by law.
(2) If the legal aid administrative authority ascertains that the decision requires additional information, it shall within seven days after receipt of the request of the State compensation of victims informed.
(3) if the decision requires the additional information referred to in the first paragraph of the decision, the period of time until all of the legal aid administration, communication of the information requested.
(4) If the legal aid administrative authority 15 days does not receive the requested information, it may decide on the refusal to pay State compensation. The decision on the refusal to pay the State compensation in this case is not an obstacle to victim repeatedly refer to the legal aid administration request for State compensation, subject to the procedure laid down in this law.
11. article. Payment of State compensation (1) the State compensation is paid as a single payment.
(2) compensation shall be paid to the State seeking the one-month period after the date of the decision on the payment of State compensation.
(3) the legal aid administration of State compensation in the State compensation application included in the specified bank account. If the bank account is not specified, the State compensation including the postal payment system account.
12. article. Refusal to pay the State compensation of State compensation is not paid if: 1) it requires unreasonable;
2) is overdue in this statutory deadline for submitting the request, unless the overdue for good reasons (such as a person's disease);
3) found that the victim, claiming it knowingly provided false statements;
4) the victim has received from a violent criminal offence the perpetrator or his accomplice remuneration of excess in the statutory amount of State compensation, or is equal to it.
13. article. The changes provide the news If a change in the State compensation application mentioned in the news, the victim is obliged to notify the legal aid administration within seven days after he learned of the change.
14. article. The notification of the decision to the legal aid administrative authority shall communicate its decision to the writing, sending it to the address indicated by the victim or by transferring the victim personally. A copy of the decision to send the force to the process or the bailiff, which records the case is located.
15. article. Opposition appeals against decision and procedure (1) the legal aid administration decision the victim may be appealed by submitting the submissions to the Ministry of Justice.

(2) the decision of the Ministry of Justice adopted the contested decision of the administration of legal aid, the victim may appeal to the district administrative court.
16. article. The right of recourse to the legal aid administration against violent criminal offender or his partner takes over the victim's right to compensation in the amount of the sum paid.
 
Chapter III cooperation with other Member States of the European Union article 17. Cooperation by way of compensation for damage caused in the territory of Latvia made a violent offence (1) the legal aid administration decides on another European Union country long-term residents demand to pay compensation for damage caused in the territory of Latvia made a violent criminal offence.
(2) the first paragraph of this article the request shall be made to the Latvian or English. Documents to be submitted to the legal aid administration, need not be legalised, and those not applicable to equivalent formality.
(3) the legal aid administration within seven days from the date of receipt of the request, provide the victim, but, if the request is received from another Member State of the European Union, the competent authorities, the following information: 1) the State compensation application acknowledgement of receipt;
2) of the decision;
3) information on the procedures for review in addition to the necessary documents or other information, if not submitted all the documents;
4) its legal aid administration contact information, responsible for making a decision in respect of the payment of State compensation.
(4) the decision on refusal of reimbursement or compensation to the legal aid administrative authority shall send to the victim, who is resident in another Member State of the European Union, as well as the European Union, the competent authority of the Member State where the request came from them.
18. article. Cooperation by way of compensation for damage resulting from other European Union Member State committed a violent offence (1) victim, who resides in Latvia and which damage occurs in another European Union Member State committed a violent offence, have the right to directly or via the legal aid administration to submit a request for State compensation in the Member States of the European Union concerned to the competent authority.
(2) the State compensation application shall be filed in the language in which the relevant Member State of the European Union indicated it can accept.
(3) the legal aid administrative authority shall provide information to the victim on the other Member States of the European Union laid down by the competent authority of the country of payment conditions, compensation arrangements and additional requirements.
(4) the legal aid administration within seven days of the present state of the request for compensation according to the specific Member State of the European Union to demand compensation and laid down together with the other necessary documents sent to the European Union is concerned to the competent authority of the Member State.
(5) the legal aid administration by its Member State of the European Union at the request of the competent authority, which shall examine the request for State compensation, provides those involved in criminal proceedings.
 
Transitional provisions 1. Right of access to the legal aid administration with the State compensation application are those persons recognised as victims of violent crime committed after 30 June 2005. Persons recognised as victims of violent crime committed after 30 June 2005 until the date of entry into force of the law, is entitled to submit a request for State compensation by 31 December 2006.
2. The right to apply to the legal aid administration with a request for State compensation if the criminal offence was directed against the health of the person and the victim suffered moderate physical injury, it is the people who are following a criminal offence recognized as victims by 1 July 2007.
3. Article 7 of this law, the first subparagraph shall enter into force on January 1, 2008. 1 January 2008 one violent crime victim for State compensation payable the maximum amount is determined in five minimum monthly salaries, and this law article 7 laid down in the second subparagraph the amount of compensation payable is calculated on the basis of the five minimum monthly wage.
 
Informative reference to European Union directives, the law includes provisions deriving from Council of 29 April 2004, Directive 2004/80/EC relating to compensation to crime victims.
The Saeima adopted the law on 18 May 2006.
The President of the Parliament instead of the President i. Otter Riga 6 June 2006 Editorial Note: the law shall enter into force on the 20 June 2006.