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RS 0.312.5 European Convention of 24 November 1983 on compensation for victims of violent offences

Original Language Title: RS 0.312.5 Convention européenne du 24 novembre 1983 relative au dédommagement des victimes d’infractions violentes

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0.312.5

Original text

European Convention on the Compensation of Victims of Violent Crimes

Conclue to Strasbourg on 24 November 1983
Approved by the Federal Assembly on June 20, 1991 1
Instrument of ratification deposited by Switzerland on 7 September 1992
Entry into force for Switzerland on 1 Er January 1993

(State on 27 February 2014)

The member States of the Council of Europe, signatories to this Convention,

Whereas the aim of the Council of Europe is to achieve a closer union among its members;

Whereas, for reasons of equity and social solidarity, it is necessary to be concerned about the situation of persons who are victims of intentional offences of violence who have suffered damage to the body or the health or persons who Were responsible for victims who died as a result of such offences;

Whereas it is necessary to introduce or develop compensation schemes for such victims by the State in whose territory such offences have been committed, in particular in cases where the offender is unknown or without Resources;

Whereas it is necessary to establish minimum provisions in the field concerned;

Having regard to Resolution (77) 27 of the Committee of Ministers of the Council of Europe on compensation for victims of criminal offences,

Agreed to the following:

Title I Basic principles

Art. 1

The Parties undertake to take the necessary measures to give effect to the principles set out in Title I of this Convention.

Art. 2

1. Where reparation cannot be fully provided by other sources, the State shall contribute to the compensation:

A.
Those who have suffered serious bodily or health consequences as a direct result of an intentional offence of violence;
B.
Those who were in charge of the person who died as a result of such an offence.

(2) The compensation provided for in the preceding paragraph shall be granted even if the author cannot be prosecuted or punished.

Art. 3

The compensation shall be granted by the State in whose territory the offence was committed:

A.
Nationals of States Parties to this Convention;
B.
Nationals of all Council of Europe member states who are permanently resident in the State in whose territory the offence was committed.
Art. 4

The compensation will cover at least, as the case may be, the following elements of injury: loss of income, medical and hospitalization expenses, funeral expenses, and, with respect to dependants, loss of food.

Art. 5

The compensation scheme may, on the whole or for the elements of the compensation, fix an upper limit above which and a minimum threshold below which no compensation will be paid.

Art. 6

The compensation regime may set a time limit in which claims for compensation must be made.

Art. 7

The compensation may be reduced or eliminated in the light of the applicant's financial situation.

Art. 8

1. Compensation may be reduced or eliminated because of the behaviour of the victim or the applicant before, during or after the offence, or in relation to the damage caused.

2. Compensation may also be reduced or eliminated if the victim or the applicant is involved in organised crime or belongs to an organisation which is engaged in violent offences.

3. Compensation may also be reduced or eliminated where a total or partial reparation would be contrary to the meaning of justice or public order.

Art.

In order to avoid double compensation, the State or the competent authority may ascribe to the compensation awarded or claim to the person compensation any sum, relating to the damage, received from the offender, social security, insurance or From any other source.

Art. 10

The State or the competent authority may be subrogated to the rights of the person compensated for the amount paid.

Art. 11

The Parties undertake to take appropriate measures to ensure that information concerning the compensation regime is available to potential applicants.

Title II International cooperation

Art. 12

Subject to the application of bilateral or multilateral agreements on mutual assistance concluded between Contracting States, the competent authorities of the Parties shall afford each other, upon request, the widest possible assistance in the Area covered by this Convention. For this purpose, each Contracting State shall designate a central authority responsible for receiving and responding to requests for assistance and shall inform the Secretary General of the Council of Europe upon the deposit of its instrument of ratification, Acceptance, approval or accession.

Art. 13

The European Committee for Crime Problems (CDPC) of the Council of Europe shall be kept informed of the application of this Convention.

To this end, each Party shall transmit to the Secretary General of the Council of Europe any relevant information concerning its legislative or regulatory provisions relating to the matters covered by the Convention.

Title III Final clauses

Art. 14

This Convention shall be open for signature by the member States of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art. 15

This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention In accordance with Article 14.

(2) For any Member State which subsequently expresses its consent to be bound by the Convention, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of Ratification, acceptance or approval.

Art. 16

After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede to this Convention by a decision taken by a majority under Article 20. D The Statute of the Council of Europe of 5 May 1949 1 And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

2. For any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession with the Secretary General of the Council of Europe.


Art. 17

(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

(2) Any State may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Art. 18

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare the use of one or more reservations.

2. Any Contracting State which has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.

(3) The Party which has made a reservation concerning a provision of this Convention shall not be entitled to the application of that provision by another Party; however, it may, if the reservation is partial or conditional, claim to The application of this provision to the extent that it has accepted it.

Art. 19

1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Art.

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention:

A.
Any signature;
B.
The deposit of any instrument of ratification, acceptance, approval or accession;
C.
Any date of entry into force of this Convention in accordance with Articles 15, 16 and 17;
D.
Any other act, notification or communication relating to this Convention.

In witness whereof , the undersigned, duly authorized to that effect, have signed this Convention.

Done at Strasbourg, on 24 November 1983, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe and to any State invited to accede to this Convention.

(Suivent signatures)

Scope of application February 27, 2014 2

States Parties

Ratification Accession (A)

Entry into force

Albania *

26 November

2004

1 Er March

2005

Germany *

27 November

1996

1 Er March

1997

Austria *

August 30

2006

1 Er December

2006

Azerbaijan

28 March

2000 A

1 Er July

2000

Belgium

23 March

2004

1 Er July

2004

Bosnia and Herzegovina

April 25

2005

1 Er August

2005

Cyprus *

17 January

2001

1 Er May

2001

Croatia

4 July

2008

1 Er November

2008

Denmark A

9 October

1987

1 Er February

1988

Spain *

October 31

2001

1 Er February

2002

Estonia

26 January

2006

1 Er May

2006

Finland

15 November

1990

1 Er March

1991

France *

1 Er February

1990

1 Er June

1990

Liechtenstein

17 December

2008

1 Er April

2009

Luxembourg

21 May

1985

1 Er February

1988

Montenegro

19 March

2010

1 Er July

2010

Norway

22 June

1992

1 Er October

1992

Netherlands B

July 16

1984

1 Er February

1988

Portugal

13 August

2001

1 Er December

2001

Czech Republic *

8 September

2000

1 Er January

2001

Romania

February 15

2006

1 Er June

2006

United Kingdom

7 February

1990

1 Er June

1990

Isle of Man

1 Er June

1995

1 Er June

1995

Slovakia *

12 March

2009

1 Er July

2009

Sweden

September 30

1988

1 Er January

1989

Switzerland

7 September

1992

1 Er January

1993

Reservations and declarations (the * above do not include declarations by all States Parties concerning the competent authorities, according to Art. 12). Competent reserves, declarations and authorities are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

The Convention does not apply to the Faroe Islands or Greenland.

B

The Convention applies only to the Kingdom of Europe.


RO 1993 1152


1 RO 1993 1151
2 RO 1993 1152, 2005 1149, 2007 1371, 2010 939, 2014 637. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on February 27, 2014