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I Europees Verdrag inzake de schadeloosstelling van slachtoffers van geweldmisdrijven

Recommends that the governments of the member states take into consideration the following principles:

1. When compensation cannot be ensured by other means the state should contribute to compensate:

a. anyone who has sustained severe bodily injury as a result of crime,

b. the dependants of any person who died as a result of crime:

2. As regards the crimes which caused the bodily injury, at least all intentional crimes of violence should be covered even if the offender could not be prosecuted;

3. The compensation might be effected either within the framework of the social security system, or by the setting up of a special compensation scheme or by recourse to insurance;

4. The compensation should be the fullest and fairest possible, taking into account the nature and the consequences of the injury;

5. The compensation should include, in appropriate cases, at least loss of past and future earnings, increase of expenses, medical expenses, expenses of medical and professional rehabilitation, and funeral expenses;

6. For practical or economic reasons, the compensation scheme might make provision for a minimum or a maximum. It might also be fixed on the basis of prefixed scales or of a percentage assessment of the injury. The payment of compensation might be limited to victims who are in a serious material situation;

7. The compensation might take the form of a lump sum or of periodic payments;

8. The compensation scheme should provide for the possibility of granting in urgent cases interim awards when there would be delay in determining the compensation;

9. With a view to avoiding double compensation, any amount of money received or obtainable from other sources such as the offender, social security or private insurance might be deducted or reclaimed;

10. The scheme might subrogate in the victim's claims, as far as possible without impairing the rehabilitation of the offender;

11. The compensation might be reduced or refused on account of the victim's conduct and his relationship to the offender and his milieu;

12. Except when special conventions apply, compensation shall be paid by the state on whose territory, including its ships and aircraft, the crime was committed;

13. In respect of foreigners, the principle of reciprocity might be wholly or partially applied;

Regeling
Europees Verdrag inzake de schadeloosstelling van slachtoffers van geweldmisdrijven
Soort
Verdrag
Geldend vanaf
01-02-1988
BWB-id
BWBV0002622
Versie
1988-02-01_0

In de hele regeling · Officiële tekst op wetten.overheid.nl