Abstract:
The overall aim of this preliminary study is to
provide data on the compensation practices of
various States within the European Union and in
particular, will concentrate on crimes of domestic
violence against women and examine the different
outcomes for these victims, under each legal system.
A secondary purpose of the text is to contribute
background material for the workshop on Women
in the Criminal Justice System, during the Tenth
United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, to be held
in April 2000 in Vienna, Austria.
Due to the fact that a violent crime is a criminal
offence and at the same time triggers civil liability
for compensation there are two possible proceedings
against the offender: Civil proceedings
in the criminal courts and civil proceedings in the
civil courts.
For the reason that the financial resources of the
offender may be not sufficient and for the reason
that it is highly questionable especially in cases of
domestic violence against women, if the offender
is willing to cooperate the question of state compensation
arises, too, in this respect.
Therefore, this report particularly deals with the
possibilities for the victim to get compensation
from the offender in criminal and / or civil proceedings,
and with the existence, form, and extent
of special State schemes of compensation for victims
of violent crimes.
In our research we were studying not only these
compensation practices but for each of the chosen
countries we took also care in the position of the
victim in legal proceedings, i.e. in particular: definition
and legal status of the victim, the rights and
duties in the prosecution, and the rights and duties
in the court.
