Criminal Injuries Act (2014:322)

Original Language Title: Brottsskadelag (2014:322)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:322

The scope of the law



§ 1 To anyone who has suffered damage as a result of the crime

be paid compensation by the State (criminal injuries compensation) according to

This law.



section 2 of the criminal injuries compensation is paid if the crime was committed in the

Sweden.



Criminal injuries compensation in accordance with paragraphs 4 and 5 are paid even if

the offence has been committed abroad, if the victims of

the time of the offense was habitually resident in Sweden.

Criminal injuries compensation according to § 9 is also paid to a child

who have witnessed crimes abroad, if the child at the time

for the crime was habitually resident in Sweden.



paragraph 3 of the criminal injuries compensation is not paid if the crime and the

the victim has to make a connection with Sweden that it

is not reasonable that the damage is replaced by the State.



The first subparagraph shall not apply in the case of intentional violent crimes

that has been committed in Sweden, if the injured person at the time

for the crime were nationals or resident in another

Member State of the European Union.



Criminal injuries compensation



Recoverable damages



section 4 of the criminal injuries compensation for personal injury. As

personal injury are replaced even damage to clothes, glasses and

similar objects as the damaged bar on at

damage occurring.



Criminal injuries compensation for personal injury is determined in accordance with Chapter 5.

1 – 3 of the tort liability Act (1972:207). Compensation for future

loss of earnings or loss of maintenance is paid with a

lump sum or in the form of an annuity, or with a

lump sum plus annuity. Annuity paid only

When the remuneration is of essential importance for the

victim's future care or supplies. Annuity

value insured under the Act (1973:213) amending

tort annuities.



paragraph 5 of the criminal injuries compensation is paid for the damage it does

someone seriously offends anyone, crimes

includes an attack on his person, freedom or peace

(violation).



Criminal injuries compensation for violation is determined in accordance with Chapter 5. 6 §

first subparagraph, the tort liability Act (1972:207).



To the extent that a court, in substance, has examined a claim for

damages for tort, criminal injuries compensation in this

Part cannot be determined at a lower amount than that resulting from the

the Court's ruling, unless otherwise provided by this Act.



section 6 of the criminal injuries compensation paid for damage to property, if the offence

was committed by someone who was



-inmate in correctional,



-inmate for care in a home, as referred to in section 22 of the Act

(1988:870) for the care of drug users in some cases,



-inmate for care in a home within the meaning of section 12 of the Act (1990:52)

with specific provisions for the care of the young, or



– arrested according to decisions that had been carried out.



Criminal injuries compensation for material damage is determined in accordance with Chapter 5. 7 §

the tort liability Act (1972:207).



section 7 of the criminal injuries compensation is paid for the property damage in

the cases referred to in paragraph 6, if there are special reasons.



section 8 of the criminal injuries compensation paid for damage and clean

property damage also in cases other than those specified in §§ 6 and 7

to the extent the victim's ability to make a living

itself has seriously deteriorated by damage or compensation

otherwise, it comes across as particularly urgent.



section 9 of the criminal injuries compensation is paid to a child who has

witnessed a crime been liable to harm the security and

the trust of the child in his or her relationship to a

related person.



Criminal injuries compensation for children who have witnessed crimes

is determined according to what is equitable having regard to the seriousness

the crime is.



Relationship to other compensation



section 10 of the criminal injuries compensation is paid to the extent that the damage was not

covered by other compensation that the victim has the right to

because of the injury.



In determining criminal injuries compensation offset compensation

but only to the extent that the compensation has been paid or is deemed to

be paid. European criminal injuries compensation according to § 35 or

other compensation of foreign Government funds be offset only

to the extent the foreign compensation has been paid.



Compensation equivalent to a saving on the victim's side

shall not be deducted from the criminal injuries compensation.



section 11 in determining criminal injuries compensation for material damage

in respect of property which was not insured against the risk of injury and

that the victim must be assumed to have refrained from insuring

because of the extent of its assets and

risk sharing in its activities are deducted

insurance compensation that would have been payable if insurance

had been.



In determining criminal injuries compensation for material damage

with respect to property which by Convention should have been held

insured against the risk of injury, but that the victim has

neglected to insure reasonable deducted

insurance compensation that would have been payable if insurance

had been.



Adjustment



section 12 of the criminal injuries compensation may be adjusted if it is reasonable to

regard to the injured party or, if the damage has led

in death, the deceased, by his conduct in connection with the

the crime or in other similar ways intentionally or

negligence has increased the risk of injury.



Criminal injuries compensation for material damage or pure

property damage may also be reduced if it is reasonable to

given that the victim by not taking

the usual precautionary measures either intentionally or by

negligence has increased the risk of injury.



Personal allowance



section 13 in determining criminal injuries compensation should a

allowance has to be made.



A deduction should not be made if the crime was committed by someone who

referred to in section 6, and the crime was committed on or near a

establishment or other place where he or she was an inmate or

detained. A deduction should not be made in respect of

compensation to children who have witnessed the crime, or if the

Moreover, there are special reasons.



The Government or the authority, as the Government determines

announce details relating to the deduction amount.



Thresholds



section 14 of the criminal injuries compensation for injury laid down in

form of a lump sum payment to a maximum of twenty times the

price base amounts according to Chapter 2. 6 and 7 § §

the social security code in effect at the time

the compensation is determined. Criminal injuries compensation for personal injury

laid down in the form of an annuity is paid for each year of

no more than three times the price base amount applicable at the

time the compensation is determined.



Criminal injuries compensation for material damage and pure property damage

paid with a maximum of ten times the price base amount

effect at the time the remuneration is determined.



Criminal injuries compensation is not paid if the total

the compensation is less than 100 dollars.



Conditions for examining an application for

criminal injuries compensation



section 15 if the public prosecution has been brought, an application for

criminal injuries compensation must be made within three years of the dom

or final decision became final. If the public prosecution not

have been brought but for the investigation under way, should a request be made

within three years from the time the investigation was closed, or

decisions were made in prosecuting the matter. In other cases, an application

be made within three years from when the crime was committed.



If crimes have been committed against a child or if the child has

witnessed the offence under section 9, the child despite the first paragraph,

make an application until the day he or she turns 21

year.



If there are serious reasons, may an application be examined even if

It has come too late.



section 16 applications for criminal injuries compensation may be examined only if



1. the offence was reported to a forensic authority

or the applicant showing valid reason for any such

notification has not been made, and



2. the injured party in a reasonable extent has contributed to

it notified the crime can be investigated.



section 17 right to criminal injuries compensation for personal injury in accordance with

Chapter 5. Article 1, first paragraph 3 the tort liability Act (1972:207) and

of violation falls away if the injured person dies before

applications for criminal injuries compensation were made. This applies to

unless he or she has previously produced requirements

on damages for such injury.



section 18 applications for criminal injuries compensation to a child may

be done by only one parent/guardian, if the other

the custodian has committed the crime or otherwise

special reasons.



Limitation of claim criminal injuries compensation



section 19 of the terms of limitation period of a claim

criminal injuries compensation terms 2 and 3 of the limitation (Northern Ireland)

(1981:130). A claim for criminal injuries compensation shall then be considered

as a claim for damages arising from criminal offences.



If crimes have been committed against a child or if the child has

witnessed the offence under section 9, barred the child's claim

criminal injuries compensation at the earliest on the day he or she fills

21 years.



section 20 of the limitation period of a claim for criminal injuries compensation

interrupted by the claimant by reason of the offence

making claims for damages, indemnity or

criminal injuries compensation.



A requirement of the first paragraph seems to suspension on

the limitation period for all damage items can be replaced

through the criminal injuries compensation by reason of the offence.



The procedure of the crime victim compensation and support authority



The crime victim compensation and support authority and the criminal injuries compensation Board



section 21 applications for criminal injuries compensation are examined by

The crime victim compensation and support authority.



section 22 Of the crime victim compensation and support authority has a Board (Board of

criminal injuries compensation) that determines cases concerning

criminal injuries compensation is of fundamental importance, or

otherwise of major importance. Board may determine other matters

If criminal injuries compensation.



The Board's Chairman and vice chairman shall be or have

been ordinary judges.



The Board is appointed by the Government.




Hearing



section 23 of the criminal injuries compensation Board will hold oral

hearing, if the applicant so requests and it is not clear

unnecessary.



A hearing shall be public. If it can be assumed

it at a hearing will be given any task

for which of the crime victim compensation and support Authority Terms Privacy

According to the public access to information and secrecy (2009:400),

the Chairman may order that the hearing be held in camera

doors. The same applies if the applicant is under the age of 15 or

suffering from a mental disorder.



Appeal and review



section 24 of the crime victim compensation and support authority's decision may not be appealed.



section 25 Of the crime victim compensation and support authority considers that a decision on the

criminal injuries compensation is incorrect due to new

circumstances, or for any other reason,

the authority to change the decision, if it can be done without making it

to the detriment of the applicant.



section 26 Of the decision in a case if the criminal injuries compensation.

taken by an official of the crime victim compensation and support authority,

the decision may be reviewed by the criminal injuries compensation Board, if

the applicant requests it.



The decision does not, however, reviewed by the Board, if it is

clear that the decision should be amended in accordance with the applicant's

request.



Costs



paragraph 27 of the crime victim compensation and support authority may decide on the compensation of

general resources for assistance and for the investigation of a case of

criminal injuries compensation, if there are special reasons given

to the applicant's financial circumstances and other

circumstances.



The crime victim compensation and support authority may also decide on the compensation of

public funds for expenditure in respect of travel and subsistence

connection with the applicant's response to a verbal

negotiation, if such costs reasonably should be replaced.

Authority may also grant an advance on the compensation.

The Government announces the details of compensation and

advances.



Regress



section 28 On criminal injuries compensation is paid, the State in the

next to the victim's right to compensation paid

the amount and the amount of the interest payment on the current day.

Crime victim compensation and support authority may waive, in whole or in part the State's

regressfordran, where there are serious reasons.



The State also arises in the injured party's right to other

the benefit that does not offset when criminal injuries compensation

Although the settlement was determined should have been made.



section 29 of the crime victim compensation and support authority, of the offender, if he

is known, require what state is entitled under section 28 of the first

the paragraph, if it is not inappropriate given

personal circumstances of the offender or to

the possibility to have the claim paid.



Crime victim compensation and support authority may enter into agreements with the offender if

the interest rate and how the payment referred to in the first subparagraph shall be done.



section 30 of the State's regressfordran according to section 28, first subparagraph

barred 10 years after the criminal injuries compensation

was paid, unless the limitation period is interrupted before that.



Prohibition of assignment of claim for criminal injuries compensation



section 31 a claim for criminal injuries compensation may not be transferred

before compensation is available for lifting.



At the request of the victim, the crime victim compensation and support authority

, however, decide that criminal injuries compensation relating to not yet

the costs incurred for necessary care should be paid to the

the caregiver when the cost is incurred. The same is true for

other necessary expenses of a similar kind.



Exemptions from seizure



32 § a claim for criminal injuries compensation under section 4, 5 or 9

may not be imposed for the victim's guilt. Livränte amount

may, however, be imposed in accordance with Chapter 7. the enforcement code.



In the case of prohibition of seizure since criminal injuries compensation

under section 4, 5 or 9 was paid shall apply Chapter 5. 7 §

the second paragraph of the enforcement code.



Refund of criminal injuries compensation



33 § crime victim compensation and support authority shall, to the extent not

is unfair, claiming back paid criminal injuries compensation,

If the applicant has supplied false information or concealed

conditions relevant for the decision to pay

criminal injuries compensation. The same applies if the applicant after

the payment of criminal injuries compensation, other compensation

for the damage.



The first paragraph also applies if criminal injuries compensation in other

cases have been paid incorrectly or with an excessive amount and

Anyone who has a contribution is realised or should have

realized this.



Settlement



section 34 Of the criminal injuries compensation under

This law is liable under section 28, first subparagraph

or section 33, the compensation shall be reduced by an amount

corresponds to the payment obligation.



Despite the first paragraph, the crime victim compensation and support Authority pay out

criminal injuries compensation in so far as is reasonable.



European criminal injuries compensation



35 § European criminal injuries compensation is a compensation for

reason of precept in another Member State of the European

the Union paid by the State for damage as a result of the crime

committed there.



36 section if an application for criminal injuries compensation applies to an injury

as a result of a violent intentional crime committed in a

Member State of the European Union, the application of

the applicant's request, also be treated as an application for a European

criminal injuries compensation.



37 § application for European criminal injuries compensation will of

The crime victim compensation and support authority is handed over to a competent authority in

the second Member State.



The crime victim compensation and support authority may decide on criminal injuries compensation

even if a submission has been made pursuant to the first subparagraph.



If an authority in another Member State of the European Union

decide on European criminal injuries compensation after the

The crime victim compensation and support authority has paid criminal injuries compensation,

entering the State next to that of the crime victim compensation and support authority paid

the amount in the injured party's claim for compensation from the

foreign authority.



Transitional provisions



2014:322



1. this law shall enter into force on July 1, 2014, when

criminal damage Act (1978:413) is repealed.



2. the provisions of section 33 on the reimbursement of

criminal injuries compensation shall apply only in respect of

criminal injuries compensation paid after

the entry into force.



3. the provisions of paragraph 34 of set-off applies even in the case

If recourse claims which arose before the entry into force.