Approves The Granting Of Compensation Scheme For Victims Of Violent Crime And Domestic Violence

Original Language Title: Aprova o regime de concessão de indemnização às vítimas de crimes violentos e de violência doméstica

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449354e5331594c6d527659773d3d&fich=ppl295-X.doc&Inline=false

DRAFT law No. 295/X/4th explanatory memorandum A constitutional State must investigate, judge and condemn those who practice crimes and provide recovery and reintegration conditions who have practiced these crimes. But must do more. The State should support the victims of crime while people who have suffered an intrusion on their sphere of freedom and seek to reduce feelings of insecurity, offering a means for the victims can monitor and inform yourself about the research and development of the criminal proceedings and so that they can actively contribute in achieving a solution to the conflict. In this field, have already been approved by the Government a number of measures. The Court's duty to inform the victim of the date of the release of the accused in pre-trial detention or convicted, as well as the jailbreak, when these may create danger for her and the clarification of the right of the wizard, in the event personally in due diligence, to be accompanied by a lawyer. In the same sense, the ring-fencing of the crime of ' domestic violence ' the crime of ' abuse ' and the extension of the custody of the victims through the assimilation to marital relationship to other analogous relations of ancillary penalties such as the removal of the agent in relation to the victim with the possibility of control by electronic surveillance, prohibition of use and possession of weapons , the obligation of frequency programs against domestic violence and inhibiting the exercise of parental responsibility, contribute to a high protection and concern for the victim. Finally, the introduction of mediation in criminal proceedings, aimed at realising an idea of «restorative justice», that is, a righteousness of closeness, more reported, more targeted repair of victim, more effective for the reintegration of offenders and contributes to the restoration of social peace.

In the field of victim compensation for any damage suffered, Portugal already has a system of advance payment of compensation by the State to victims of violent crimes and victims of conjugal violence. Is now the time to improve this system by introducing innovations in four directions, a new protection scheme for victims of violent crime and domestic violence, which unifies a single diploma which was dispersed by several. So, firstly, this Bill extends the situations in which victims can obtain the advance of compensation by the State, as well as the type of protection you receive. The right to the advance of compensation is extended to more situations, including, in the case of victims of violent crime, all damages that have resulted in the death or serious injury to their physical or mental health. The matter so as to allow the advance of compensation in two new situations: the moral damage suffered by the victim and the damage relating to crimes by negligence, which were deleted. This Bill will also extend the law in advance of compensation, as the facts committed outside the national territory, the citizens of the Member States of the European Union residing in Portugal who did not have the right to compensation in the State in whose territory the damage was produced, following the jurisprudence of the Court of Justice of the European communities. Furthermore, is the outgoing Commission to the statement of claims for compensation for victims of Crimes and created the Commission of protection for Victims of Crimes, which now is now permanently available to respond to urgent situations, especially where it is necessary to assign a provision on account of compensation, when the victim is in a situation of serious economic shortage.



Provides for the possibility of compensation by the State innovative consist, in part, on social and educational support measures, as well as therapeutic measures appropriate to the physical, psychological and vocational recovery of the victim, thus widening the range of victim protection measures. Secondly, simplifies the procedure for the granting of advance of compensation, ensuring increased speed and proximity, for the benefit of victims. Currently, the requirements for the granting of compensation by the State to victims of violent crimes and spousal abuse are submitted to the Commission, but the final decision rests with the Minister of Justice. With this Bill, the Chairman and the members shall decide for itself, without further formalities. In addition, the Commission goes on to ensure a permanently available service to ensure the urgency of supporting these victims may require. Still expected, in order to accelerate these processes, that the submission of applications and the processing of the procedure can be carried out by electronic means. Thirdly, this proposal of law welcomes measures for better management of resources available for the granting of advance payments of compensation, creating new ways to raise revenue. On the one hand, the Commission of protection to victims of crime shall be provided with a budget structure itself, which thus have a dedicated budget to support victims of crime. On the other hand, it is expected that this budgetary structure may have mecenáticas contributions-based recipes, and the President of the Commission play an active role in the uptake of these contributions. Permission is finally the transition of balances for the next run, precisely on own resources component, thus ensuring an incentive to obtain new sources of funding for the Commission the possibility of use of resources in budget execution.

Finally, introduce rules towards a more rigorous examination of the requirements for the granting of advances and provisions of this Act. The Commission goes on to have more means to verify the real economic situation of applicants, allowing exclusively for this purpose the query the databases of records. More stringent rules were also created to be effectively exercised the right of return on those responsible for the damage, thus allowing the State to recover the amounts of compensation that avail. For this purpose, it is envisaged that the advance payment of compensation from the State is communicated to the prison services so that, according to penitentiary legislation, a part of the income of the inmate is allocated to payment of obligations of the condemned, in particular compensation obligations. It also provides for the communication to the Court of execution of Punishments, so that this takes into account the obligation of compensation from the Commission when deciding on the approval of the rehabilitation plan of the condemned or on the application of measures such as the provision of outputs or parole. This Bill enables a greater collaboration between the Commission of protection for Victims of Crimes and public bodies, associations or other private entities providing support to victims of crime, assuming that they will be able to forward the requests to the Commission and assist the Commission in the statement. Queries should be taken to the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Superior Council of the Public Ministry, the Council of officers of Justice, the Bar Association, the Chamber of bailiffs, the National Commission for Data Protection, the Commission of the securities market and the Bank of Portugal. Should also be heard the Commission for the protection of victims of crime.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General Article 1 subject-matter this law approves the arrangements applicable to advance the State of the compensation due to victims of violent crimes and domestic violence. CHAPTER II Compensation to victims of violent crimes article 2 Advance of compensation to victims of violent crimes 1-victims who have suffered serious damage to their physical or mental health directly resulting from acts of violence, committed in Portuguese territory or on board Portuguese ships or aircraft, shall be entitled to the payment of an advance on the compensation by the State , even though constituted or may not become wizards in the criminal proceedings, when they are completed the following cumulative requirements: a) the injury has caused a permanent disability, a temporary incapacity and absolute for at least 30 days or death; b) injury has caused considerable disruption to the victim or, in the case of death, to the applicant;


c) has not been obtained effective compensation for damage in execution of enforceable judgment concerning claim deducted pursuant to articles 71 to 84 of the code of criminal procedure or, if reasonably to foresee that the delinquent and responsible civilians will not repair the damage, without it being possible to obtain from another source an effective and adequate reparation. 2-the right to obtain the advance provided for in paragraph 1 shall cover, in case of death, people who, under paragraph 1 of article 2009.º of the Civil Code, is granted a right to food and that, pursuant to law No. 7/2001, of May 11, live in de facto union with the victim. 3-the right to advance of compensation remains even though it is not known the identity of the author of the acts of violence or, for any other reason, he cannot be accused or convicted. 4-are entitled to the advance of compensation people who help voluntarily the victim or cooperate with the authorities in preventing infringement, harassment or arrest of the offender, verified the requirements of (a)) c) of paragraph 1. 5-the granting of advance compensation to the persons referred to in the preceding paragraph does not depend on the granting of compensation to the victims of injury. 6-When the Act of violence set a crime against freedom and sexual self-determination or against a minor, may be waived the requirement laid down in point (a)) of paragraph 1 if exceptional circumstances duly substantiated and the advise. Article 3 exclusion or reduction of the advance of compensation 1-the advance of compensation may be reduced or excluded in view of the victim's or applicant's conduct before, during or after the practice of facts, its relations with the author or his environment or when that is contrary to the sense of Justice or public order.

2-the provisions of this chapter shall not apply when the damage is caused by land vehicles, as well as apply the rules about accidents at work or on duty. Article 4 the advance payment and other means of claims 1-the advance of compensation is fixed in terms of equity, with ceilings for each injured person, the value equivalent to 340 units of account procedure (UC) for cases of death or serious injury. 2-in cases of death or injury of several people as a result of the same fact, the advance of compensation has as a maximum value equivalent to UC for 300 each, with the total maximum corresponding to 900 UC. 3-If the advance of compensation is expressed in the form of annual income, the maximum limit is equivalent to UC 40 per harmed and may not exceed the amount of 110 UC when several injured due to the same fact. 4-In fixing the amount of the advance of compensation is taken into account any sum from another source, namely his own delinquent or social security. 5-Notwithstanding the previous paragraph, the private insurance of life and personal accidents are taken into account only to the extent that equity requires. 6-in the cases referred to in paragraph 3 of article 2, there is also room for an advance on the compensation for damages to things of considerable value, with a maximum value corresponding to 150 UC.



7-the advance compensation for lost profits has as reference the victim's income tax returns relating to three years prior to the Commission of the facts and, in the case of death, of the applicant. 8-in the case of not having been granted any compensation in criminal proceedings or outside it due solely attributable to the applicant, in particular for not less civil claim for damages or for him to give up, the ceiling of the amount of the advance of compensation to be granted by the State is reduced to half, unless exceptional circumstances duly substantiated and advise otherwise. 9-Without prejudice to the application of indemnity criteria set out in this law, may still be assigned to victims social and educational support measures, as well as appropriate therapeutic physical, psychological and vocational recovery, in compliance with the applicable legal provisions, and in the context of protocols to be concluded between the Commission and relevant public and private bodies on the grounds of matter. CHAPTER III Compensation for victims of domestic violence article 5 advance payment of compensation to victims of domestic violence 1-the victims of the crime of domestic violence have the right to grant an advance on the compensation by the State when it cumulatively fulfilled the following requirements: a) is concerned the crime of domestic violence, provided for in paragraph 1 of article 152 of the criminal code , practiced in Portuguese territory;



(b)) the victim incurs severe lack economic situation as a result of the crime mentioned in the preceding paragraph. 2-the victim, as well as applicants indicated in paragraph 4 of article 10 by request or on behalf of this, shall notify the Commission of protection for Victims of Crimes all the changes their socio-economic or family situation, as well as any other changes preceding or following the decision to grant the advance of compensation which are likely to influence the direction of the same. 3-breach of the obligation of information referred to in paragraph 1 shall entail the immediate termination of the payment of the sums granted or the return of amounts wrongly received. 4-shall apply to applications for advance compensation for domestic violence article 3 article 6 advance 1-the advance of compensation to be granted to victims of domestic violence and the establishment of its amount shall be determined in the courts of equity, depending on the serious likelihood of verification of the assumptions of compensation. 2-the amount referred to in the preceding paragraph shall not exceed the monthly equivalent of the minimum monthly wage during the period of six months, renewable for an equal period. 3-is applicable to victims of domestic violence the provisions of paragraph 9 of article 4 CHAPTER IV Commission of crime victims Protection article 7 Commission of protection for Victims of Crimes-1 the Commission of protection to victims of crime, hereinafter referred to Commission, is an independent administrative body responsible, by itself or through its members, by the granting of advances of compensation by the State to victims of violent crimes and domestic violence. 2-the Commission consists of a Chairman and an even number of members, a minimum of two and maximum of four, designated by the Member of Government responsible for the area of Justice, in accordance with the regulations provided for in article establish 24 3-in addition to the President, the Commission can have a maximum of two members to serve full time. 4-the Commission: a) Establish guidelines to be followed by the President and by its members, both in the decision of requests for advance of compensation, either on the decision to grant a provision on account of the advance of compensation to be determined later; b) Without prejudice to articles 4 and 6, establishing indemnity amounts to be allocated on the basis of types of situations; c) Decide applications for advance payment of compensation when the case involves new face to previously decided cases or specificity that advise the adoption of a decision contrary to the guidelines set out in (a)) or (b));

d) Promote the exercise of the right of subrogation by the State, in accordance with articles 15 and 16, on the rights of the harmed against the author of the acts of violence and people with responsibility for civil purposes, within the limits of compensation given; e) approve the annual report, which shall be published on the website of the Commission; f) Promote, in coordination with other public and private entities, the right of victims to the advance of compensation and the powers of the Commission in this context; g) Exercise the other powers assigned to it by law. 5-cannot be members of the Commission persons who have intervened in any case by the fact that give rise to the claim. 6-the Commission shall adopt an annual report to be submitted to the Member of Government responsible for the area of Justice, containing, among other things: a) identification of the number of cases received, pending and resolved in that year, as well as a comparative analysis of the last five years; b) identification of the total amount of advance payments of compensation awarded and amounts carried over to the following year; c) identification of amounts allocated depending on the types of crime established; d) identification of the percentage of revenues listed under subparagraphs (a) (d)) h) of paragraph 3 of article 9; and) recommendations to improve the functioning of the Commission, as well as the relationship with public and private entities that assist the Commission in the statement and decision of applications.


Article 8 powers of the President and members 1-the President of the Commission: the) representing the Commission; b) convene and establish the agenda of meetings; c) chair the meetings; d) manage and organize the Commission, defining in particular the distribution of jobs, tasks, and processes by members of the Commission; e) Organize the Commission services, ensuring its permanent operation in order to meet the severe economic shortage situations that require the granting of a provision, in accordance with paragraph 5 of article 14; f) ask each Member of the Commission the information necessary for the preparation of meetings, in particular with a view to the exercise by the Commission of the jurisdiction provided for in subparagraph (c)) of paragraph 4 of article 7; g) Track the performance of the members of the Committee on education and the decision of the claims; h) Promote compliance with the resolutions of the Commission and, in particular, the guidelines and the limits set for the compensation to be granted; I) Ensure respect for the principles of stability and fiscal sustainability, monitoring the implementation of the budget on the basis of damages awarded; j) actively promote the granting to the Commission of donations, contributions mecenáticas or third parties; l) Exercise the other powers assigned to him by law.

2-the President and the members of the Committee, in accordance with the guidelines laid down by the Commission, the decision of requests for advance of compensation and of applications for granting of provision on account of the advance of compensation, when is not concerned one of the situations referred to in subparagraph (c)) of paragraph 4 of article 7 article 9 budget structure 1-revenue and expenditure relating to the Commission constitute a subsector of the budget of the Secretariat-General of the Ministry of Justice , being the subject of an independent book registration. 2-the Commission has its own tax identification number in accordance with e) of paragraph 1 of article 4 of Decree-Law No. 129/98, of 13 May. 3-Constitute the Commission's recipes:) those arising from budgetary appropriations to be allocated in the State budget; b) transfers of the Institute of financial management and infrastructure of Justice; c) the product fees and contributions are allocated; d) the product of donations, inheritances, bequests or contributions mecenáticas; and) The obtained in the exercise of the right of subrogation of the State on the victim's credit on the charge, as well as those arising from the reimbursement of sums advanced in cases where the victim obtain total or partial repair of the damage suffered; f) contributions from third parties; g) Any other income which is assigned by law, contract or title.

4-The revenue referred to in paragraph 1 (b)) to g) of the preceding paragraph shall be entered as revenue in the budget of the Commission, contained with transition from balance. 5-expenditure: the Commission) The resulting from the allocation of advance payments of compensation pursuant to this law; b) the payment of costs in connection with the presentation of actions, with a view to repayment or the exercise of the rights in which the State is subrogated due to allocation of advances of compensation; c) The inherent in its operation. Chapter V procedure for granting of the advance article 10 Request 1-granting advance payment of compensation from the State depends on application submitted to the Commission by the persons referred to in articles 2 and 5 2-the application for the granting of advance compensation may be submitted by electronic transmission of data, in terms of order of the Member of Government responsible for the area of Justice. 3-the application model is approved by order of the Member of Government responsible for the area of Justice and must contain the essential information for the proper exercise of the right by the applicant as well as to permit the delivery of the elements necessary for the correct statement of the application, including in particular: a) the indication of the amount of compensation sought; b) indication of any importance has already received;

c) an indication of the persons or public or private entities which may, in whole or in part, to carry out the related damage; and (d)) the indication has been granted any compensation and what amount, if it has been less action for damages in the criminal proceedings or out of it, or the mere indication of the process, if this is pending. 4-public authorities, including the Prosecutor, associations or other private entities that provide support for victims of crime can submit the request provided for in paragraph 1 by request or on behalf of the victim, and should do so necessarily by electronic transmission of data, in terms of order of the Member of Government responsible for the area of Justice. Article 11-1 the Application Deadlines for the granting of advance payment of compensation by the State shall be submitted to the Commission within one year from the date of the fact that, under penalty of forfeiture. 2-the smallest at the time of the practice that can submit the application for the granting of advance of compensation by the State for up to a year after you reached the age of majority or be emancipated. 3-criminal process has been initiated, the periods referred to in paragraphs 1 and 2 may be extended by the Chairman of the Committee and expire after a year on the decision to terminate him. 4-In any case, the President of the Commission may relieve the effect of lapse, when the applicant claims that rightly reasons have prevented the application in good time.

Article 12 electronic 1-procedure Processing the processing of processes is carried out electronically in accordance with the set by order of the Member of Government responsible for the area of Justice. 2-the electronic processing of processes ensures their completeness, authenticity and inviolability. Article 13 Statement 1-without prejudice to the provisions of subparagraph (c)) of paragraph 4 of article 7, the President or the Member of the Commission responsible for the process makes all the steps that are necessary to use its and may in particular: a) Hear the applicants and those responsible for compensation, if necessary; b) Access complaints and shares relating to facts and any criminal proceedings instituted in parts, though pending final decision; (c)) Access to information about the professional, financial or social situation of the victim, the applicant or persons responsible for compensation for damage from any natural or legal person, or any public body. 2-the Commission may also request the information it deems necessary for the tax administration or the credit, when the victim, the applicant or the person responsible for repairing the damage to refuse to provide them or if there are reasonable reasons in the sense that they have goods or resources they wish to hide. 3-The requested information is not enforceable against the professional secrecy or banking.

4-for the sole purpose of finding economic condition of the victim or of the applicant, the Commission may proceed to consulting the land registry databases, commercial and automobile and other records or similar files. 5-the information obtained pursuant to the preceding paragraphs may not be used for purposes other than the request, being prohibited their disclosure. 6-public or private entities providing support to victims of crime can collaborate with the Commission in supporting steps provided for in paragraph 1, in accordance with the set by order of the Member of Government responsible for the area of Justice. Article 14 of Decision 1 request-the statement is completed within one month. 2-Complete the statement, the President or the Member of the Commission shall decide immediately upon the granting of compensation and what the amount. 3-the granting of compensation and the amount is deliberate by the Commission, on a proposal from the President or the Member responsible for instruction, when one of the situations referred to in subparagraph (c)) of paragraph 4 of article 7 4-fixing the amount ofcompensation is calculated is determined in accordance with articles 4 and 6, depending on the types of situations set out by the Commission and complying with the guidelines for this. 5-Before completion of the statement, the Member of the Commission for her responsible may, in situations of obvious lack of applicant, grant an immediate provision on account of the advance of compensation to be determined later. 6-the Commission must ensure a permanent internal workings in order to give promptly response to situations referred to in the preceding paragraph.


7-public entities can collaborate with the Commission in the decision of requests, in accordance with the set by order of the Member of Government responsible for the area of Justice. 8-the Commission shall forward to the Court where running the process concerning the operative event of damage, exclusively by electronic means, the decision to grant the advance of compensation. CHAPTER VI State Rights article 15 subrogation 1-the State, through the Commission, is subrogated to the rights of the harmed against the author of the acts of violence and people with responsibility for civil purposes, within the limits of compensation provided. 2-for the purposes of exercising the rights referred to in the preceding paragraph the Commission is legally supported by the Directorate of legal services and litigation of the General Secretariat of the Ministry of Justice or hire the necessary legal services, in accordance with legally established. 3-for the purposes of the preceding paragraphs, the proof of advance payment of compensation, in accordance with the model approved by order of the Member of Government responsible for the area of Justice, have enforceable and supports the implementation is pending. 4-When the author of acts compensation is running generators of penalty under the tutelage of prison services or probation services, the compensation shall be notified, preferably by electronic means, to the respective service, as well as the Court of execution of penalties, for the purposes set out in the law on enforcement of sentences and the right of the Commission to be repaid by the responsible of the damage , by the advance of compensation granted under this law.



5-in the cases referred to in the preceding paragraph, the Court of execution of penalties should, upon approval of the individual plan of rehabilitation or in the decision of easing measures, taking into account the compensation duty burden on the inmate. 6-the author of the acts of violence, the people with responsibility for civil purposes and the prison services or probation, in cases where the author of acts compensation is running generators of penalty under its tutelage, shall inform the Commission of the payments to be made to the victim on the effective repair damage. Article 16 1-Reimbursement When the victim, after the payment of the allowance or compensation, obtains, in any capacity, redress or compensation for the damage suffered, effectively should the Commission require the reimbursement, in whole or in part, of the amount received. 2-the provisions of the preceding paragraph shall apply when, having been handed the provision, if find out later that it was not granted compensation for not completing the requirements referred to in articles 2 and 5-3 for the purposes of exercising the rights referred to in the preceding paragraphs the Commission is legally supported by the Directorate of legal services and litigation, the Secretariat-General of the Ministry of Justice or hire the necessary legal services in accordance with legally established.

CHAPTER VII criminal liability article 17 false information 1-Who obtain or try to obtain compensation in accordance with the provisions of this law on the basis of information known to be false or inaccurate is punishable with imprisonment up to three years or a fine. 2-Notwithstanding the previous paragraph, in case of falsehood of information referred to in subparagraph (d)) of paragraph 3 of article 10, the Commission shall require the repayment of the amount eventually paid to claimants, pursuant to article 16 CHAPTER VIII Application in space article 18 general principle 1-the present law shall apply to facts as referred to in articles 2 and 5 committed outside Portuguese territory against Portuguese or nationals of Member States of the European Union residing in Portugal, provided that they do not have the right to compensation by the State in whose territory the damage was produced. 2-For the purposes of paragraph 1, the Commission shall check the existence or not of the applicant's right to compensation in the State in whose territory the damage was produced. Article 19 Applicants ordinarily resident in a Member State of the European Union 1-in the cases referred to in paragraph 1 of article 2 and paragraph 1 of article 5, when the claimant has his habitual residence in another Member State of the European Union and submitted to the competent authority of that State a claim for compensation to be paid in advance by Portuguese State , the Commission shall: a) receive the request transmitted by the competent authority of the Member State of the habitual residence of the applicant; (b)), within 10 days, the receipt of the application to the applicant and the competent authority of the Member State of their habitual residence and communicate the Commission's contacts and the likely decision of the application period; c) Instruct and decide the request; d) communicate to the applicant and the competent authority of the Member State of their habitual residence the decision on the grant of advances of compensation. 2-for the purposes of subparagraph (c)) of the preceding paragraph, the Commission may: a) request the competent authority of the Member State of the habitual residence of the applicant to the hearing of this or any other person, including a witness or an expert, as well as sending the respective minutes of hearing; b) Hear directly the applicant or any other person, by video conference, requesting the competent authority of the Member State of the habitual residence of the applicant the necessary collaboration. Article 20 compensation in another Member State of the European Union 1-in case you have been practiced a crime covered by this law in the territory of another Member State of the European Union, the application for the granting of compensation to be paid by that State may be submitted to the Commission, since the applicant has habitually resident in Portugal.



2-the application, the Commission shall: a inform the applicant about the) way of filling out the application for a claim for compensation and on the supporting documents required or the delivery thereof by electronic means; b) Transmit the request and the documents referred to in the preceding paragraph, within 10 days, the competent authority of the Member State in whose territory the crime was practiced; c) assist the applicant in reply to requests for additional information requested by the competent authority of the Member State in whose territory the crime was practiced, transmitting the answers, at the request of the applicant, directly to that authority; d) Provide, at the request of the competent authority of the Member State in whose territory the crime was practiced, the hearing of the applicant or any other person, transmitting the minutes of the hearing to that authority; e) cooperate with the competent authority of the Member State in whose territory the crime was practised whenever this choose the direct hearing of the applicant or any other person, in accordance with the legislation of that State, in particular through telephone or video-conferencing; f) Receive the decision on a claim transmitted by the competent authority of the Member State in whose territory the crime was practiced.





Article 21 Formalities in the transmission of orders 1-requests and the decisions referred to in articles 19 and 20 are transmitted through standard requirements approved by decision of the European Commission published in the official journal of the European Union. 2-applications and the documents submitted pursuant to articles 19 and 20 shall be exempt from legalisation or any equivalent formality. 3-The services requested and provided by the Commission pursuant to articles 19 and 20, do not give rise to any claim for repayment of charges or expenses. Article 22 language in cross-border situations 1-applications and other documents submitted by the Commission, for the purposes of articles 19 and 20 shall be drawn up in one of the following languages: the) official language of the Member State of the European Union to which those requirements and documents are sent; b) another language of that Member State, since corresponds to one of the languages of the Community institutions; c) another language, since corresponds to one of the languages of the Community institutions, and that the Member State has declared to accept, in accordance with point (b)) of paragraph 1 of article 13 of Directive 2004/80/EC, of 29 April.




2-the full text of the decision and the minutes of the hearing, referred to, respectively, in subparagraph (d)) of paragraph 1 of article 19 and d) of paragraph 2 of article 20, may be submitted in Portuguese or English. 3-Without prejudice to the following paragraphs, the Commission can refuse receipt of requests and documents submitted for the purposes of articles 19 and 20 when they are not written in Portuguese or English. 4-the Commission cannot refuse to accept the minutes of the hearing referred to in subparagraph (a)) of paragraph 2 of article 19, since it is written in a language that matches one of the languages of the Community institutions. 5-the Commission cannot refuse the receipt of the decision referred to in point (f)) of paragraph 2 of article 20, provided that it is written in a language provided for in the legislation of the Member State which transmits. CHAPTER IX final provisions article 23 termination of Commission to the statement of claims for compensation to victims of violent crimes-1 With the entry into force of the implementing decree referred to in article 24 of this law and swearing in of the members of the new Committee on protection for Victims of Crimes, will render the current Commission to the statement of claims for compensation to victims of violent Crimes provided for in article 6 of Decree-Law No. 423/91, of 30 October and Regulatory Decree No. 4/93, of 22 February, ceasing the functions of its members.



2-Notwithstanding the previous paragraph, the Commission of protection to victims of crime happens, for all intents and purposes, the Commission for the statement of claims for compensation to victims of violent Crimes, being transferred to the first processes that are pending on Monday. Article 24 of the Constitution, Rules and the exercise of the powers and duties of the Commission of protection for Victims of Crimes are regulated by regulatory decree. Article 25 Standard set shall be repealed: a) the law No. 129/99, of 20 August; b) Decree-Law No. 423/91, of 30 October. Article 26 Application in time Without prejudice to the final part of paragraph 2 of article 23, this law does not apply to cases pending at the date of its entry into force.



Article 27 entry into force this law shall enter into force on 1 January 2010.

Seen and approved by the Council of Ministers of 21 May 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency