Act On Compensation From The State For Injuries Caused By A Criminal Offense Mm (Criminal Injuries Compensation Act)

Original Language Title: Lov om erstatning fra staten for personskade voldt ved straffbar handling m.m. (voldsoffererstatningsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-04-20-13

Act on compensation from the state for injuries caused by a criminal offense mm (Criminal Injuries Compensation Act).


Date LOV-2001-04-20-13


Affairs Ministry of Justice

Edited

LOV-2015-05-12-29 from 01.01.2016, LOV-2015-06-19-65 from 10/01/2015


Published in 2001 Booklet 4


Commencement 01/07/2001

Changes


Promulgated


Short Title
Criminal injuries compensation law - voerstl.

Chapter Overview:

Chapter 1. Scope and terms for compensation (§§ 1-3)
Chapter 2. The enforcement of criminal injuries compensation, etc. (§§ 4-12)
Chapter 3. Procedural mm (§§ 13 - 17 a)
Chapter 4. Final provisions (§§ 18-19)

Chapter 1. Scope and terms for compensation

§ 1. The substantive scope Whoever has suffered injury as a result of a criminal act which violates the life, health or freedom, or his dependents are entitled to criminal injuries compensation from the State under the provisions of this Act. If a child has experienced violence against a person close and this is likely to harm the child's confidence and trust, the child has the right to redress measured in accordance with § 6. The child may also claim damages under §§ 4 and 5. Criminal injuries compensation granted even if the perpetrator can not be punished because he was insane as mentioned in Penal Code § 20, or has exceeded the limits of self-defense that could lead to punishment under the criminal Code § 81 letter b no. 2.
compensation may be also provided for personal occurred | ||
A)
in connection with assisting the police or other police authority under arrest in connection with the prevention or attempting to avert an offense or in connection with lawful arrest or attempts at, or

B)
in connection with aid to victims of a crime that violates the life, health or freedom, or to prevent or minimize damage consequences of the offense.

Compensation under this Act shall not be granted for damages subject to Act 3 February 1961 for liability for damage motor makes (Automobile Liability Act).

§ 2. The territorial scope, such compensation is provided when the tort occurred in Norway, including Svalbard, aboard a Norwegian vessel, drilling platform or aircraft or facility or facilities for the exploration or exploitation of subsea natural resources on the Norwegian part of the continental shelf.
If the claimant or his dependents were resident in the Kingdom at the time of injury, compensation may be provided in cases other than those mentioned in the first paragraph when there are special reasons.

§ 3. Detailed conditions for compensation, such compensation is awarded on application. The application shall be lodged with the Criminal Injuries Compensation Scheme established by the Ministry. The Ministry may issue further rules concerning application content.
The application must be submitted to the Criminal Injuries Compensation before the claim against the insured is obsolete under the provisions of the Limitation Act. It is sufficient that the application is submitted before the perpetrator's criminal liability is obsolete under the provisions of the Penal Code or before the claimant reaches 21 years.
Compensation is granted only when the offense is reported to the police. Moreover, the applicant must have demanded that the claim be included in a possible criminal case against the insured. In special cases, compensation may be granted even if the conditions in this paragraph are not met.
Criminal injuries compensation is awarded only when there is a clear likelihood that the claimant has been subjected to an act referred to in § 1

Chapter 2. The enforcement of criminal injuries compensation, etc.

§ 4. Compensation for personal injury Criminal injuries compensation should cover damage suffered, loss of future earnings and expenses that the injury is believed to inflict injured in the future. Compensation for loss of income and future income is determined separately and assessed in accordance with the Damages Act § 3-1 second paragraph.
Have claimant on damage not currently filled 16 years, assessed the compensation for loss of future income after provisions regarding standardized compensation for children in the Damages Act § 3-2a.

§ 5. Compensation for the injured person has sustained and substantial damage of a medical nature, levied special compensation for such injury. Compensation shall be determined having regard to menets medical nature and size and its importance for the personal expression of life. Forecasts about shortened life expectancy as a result of the liability incident should not be emphasized in determining the compensation. It will not be granted compensation for such injury at lower level of disability than 15%.
Have claimant on damage not currently filled 16 years, metered believes state no under the rules governing standardized compensation for children in the Damages Act § 3-2a.


§ 6. Redress Whether the provision of permanent injury compensation in accordance with § 5, the claimant be awarded such a lump sum which is considered reasonable compensation (reparation) for the caused pain and suffering and for other offense or damage of non-pecuniary damage . On offense or indecent behavior mentioned in the Penal Code §§ 299, 302 and 304 shall be in assessing the raising particular emphasis on action art, how long the relationship has been going on, if the action is an abuse of their relationship, caring relationships, dependency or trust relationship, and whether the act is committed in a particularly painful or offensive manner.

§ 7. Compensation for survivors, such compensation for loss of breadwinner by deaths the candidate or the survivors who deceased at death is wholly or partly dependent. Compensation can under the circumstances awarded even if the deceased was not a death supported the survivors, provided that in the near future could count on such support. Compensation shall be determined having regard to the extent of the support and the bereaved possibility of contributing to his her own support.
Compensation for death shall also cover ordinary funeral expenses, and to the extent deemed reasonable, other expenses in connection with the death.
By deaths have deceased spouse, partner, child or parent entitled to compensation for personal injury in accordance with § 4. Without claims for personal injury, these awarded redress in accordance with § 6. In special cases, siblings awarded compensation and reparation as mentioned in this paragraph.
For compensation under this provision is considered death as a claim under § 11.

§ 8. Compensation for damage In addition to compensation for personal State will provide compensation for damage to ordinary clothes, prostheses and other personal use which the injured person was wearing when the damage was caused.

§ 9. Deductions assessment When assessing the criminal injuries compensation be deducted in full sickness pay and similar benefits, Social Security benefits and benefits from the occupational pension scheme or profession. Moreover be deducted in full for insurance benefits and other financial support that the claimant is entitled as a result of the injury.

§ 10. Reduction, leniency and reduction About reduction or discontinuance of criminal injuries compensation due to contributory negligence, etc., apply Damages Act § 5-1 accordingly.
It shall not be mitigated or reduced as indicated in Damages Act § 1-1, § 1-3 and § 5-2.

§ 11. Criminal Injuries Compensation upper and lower limit for each insured event provided it is not higher than criminal injuries compensation 60 times the basic amount under the National Insurance Act, cf.. Insurance Act § 1-4. In special cases, the upper limit is waived.
Criminal injuries compensation is not granted when the loss that could be claimed by the state, is less than £ 1,000.

§ 12. Assignment and limitation of disposition, etc. With regard to the transfer or inheritance of claims for criminal injuries compensation and disposal limitations of such compensation for damages Act § 3-10 accordingly.

Chapter 3. Procedural mm

§ 13 of decision Applications for criminal injuries compensation decided by the Criminal Injuries Compensation Board.
Compensation Board for Victims of Violent Crime appealed decisions made by the Criminal Injuries Compensation under the Act. Board has a chairman and a deputy chairman and two members with personal deputies appointed by the Ministry for 4 years. The leader and deputy leader should have a law degree.
Matters not offer significant questions of doubt, may be decided by the chairman alone. In such cases, the board may also delegate decision-making authority to the Tribunal's secretariat.

§ 14. Rules of procedure The Public Administration shall apply unless otherwise provided by this Act.
Causing the injury is not considered as interested parties about compensation shall be provided to the applicant.
The decision of the matter be postponed until any criminal proceedings against the insured is finally settled. The same applies if it is raised civil proceedings claiming damages from the perpetrator. Exceptions can be made in special cases.
Compensation is paid when the decision has been taken that compensation should be provided. If the application can not currently be determined by reasons not attributable to the applicant, may be paid in advance to the extent deemed reasonable.
It may in special cases determined that a party should have your expenses for obtaining statements from doctors, dentists, psychologists and the like.
The King may issue regulations concerning procedures.

§ 15. State recourse Applicant claims against the insured or others liable for damage goes over the state to the extent that compensation is paid pursuant to this Act.

State requirements under subsection may wholly or partly waived if the guilt, the perpetrator's economy or other circumstances dictate.
Criminal Injuries Compensation determines whether to seek recourse and makes an administrative decision about it.

§ 16. Repayment of criminal injuries compensation paid criminal injuries compensation or advance on criminal injuries compensation may be claimed if the applicant has given false information or withheld relevant to the payout. The same applies if the applicant loss is subsequently covered otherwise.
Criminal Injuries Compensation determines whether to require repayment and makes an administrative decision about it.

§ 17. Enforcement Decision on recourse or repayment pursuant to §§ 15 or 16 is enforceable by execution.
Requirements as mentioned in the first paragraph, levied by the State Collection Agency unless the Ministry decides otherwise.

§ 17 a. Court of reparation claims When Compensation Board for violence victims decision on criminal injuries compensation brought before the courts for review, pronounces court judgment for the amount, if the indictment claimed it. However, this applies only if it is conducted criminal proceedings against the perpetrator without compensation order has been settled.

Chapter 4. FINAL PROVISIONS

§ 18. Commencement This Act comes into force from the time King bestemmer.1

§ 19. Transitional provisions The provisions of §§ 1, 2 and 3, second paragraph and section 2 shall not apply in cases of applications for criminal injuries compensation because of offenses, etc that have taken place before the Act.
By the way, this Act shall apply in cases where the commencement of this Act be submitted in an application for criminal injuries compensation.