Compensation Practices of States of the European Union Connected to Crimes Against Women

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.