23.11.2004
News

Compensation to crime victims

Council Directive no. 2004/80/EC relating to compensation to crime victims Official Journal of the EU L 261 of 6 August 2004

Directive 2004/80/EC aims to abolish obstacles to the free movement of services by drawing up minimum standards for the protection of crime victims. Such protection is considered corollary of that freedom of movement.

The Directive sets up a system of cooperation in order to facilitate the access to compensation for victims of violent intentional crimes in cross-border situations. It will enable access to compensation in cases where the crime was committed in a Member state different from the state of victim’s residence. Each Member State is thus obliged to ensure that, where a violent intentional crime has been committed in a Member State different from the Member State where the victim has habitual residence, the victim shall have the right to submit the application for compensation in the Member State where the crime took place.

The compensation system under the Directive will operate on the basis of the compensation schemes existing of the Member States.

For the purpose of the Directive, each Member State shall appoint a central contact point, which will provide applicants with necessary information and assistance. Furthermore, the Member States must establish standard forms, which will be used for applications for compensation. The compensation will be paid by the authority of the Member State on the territory of which the crime was committed.

The Directive took effect on 26 august 2004 and the Member States are obliged to implement it into their national law by 1 January 2006.

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