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Assistance to victims of criminal offences to recover damages

Verified 02 July 2021 - Legal and Administrative Information Directorate (Prime Minister)

The criminal court may order the offender to pay the victim damages and an amount to cover the costs of the trial. When the convicted person does not pay, the victim may refer the matter to the Victims of Crime Recovery Service (Sarvi).

The Sarvi shall pay the victim part or all of the amount of the conviction before taking responsibility for recovering the entire amount of the conviction from the convicted person.

The criminal judge may order the offender to pay the victim:

  • damages
  • an amount to cover the costs of the trial

Where the convicted person does not pay, the victim may seize the Victims of Crime Recovery Service (Sarvi) to collect the amount of the conviction.

For the Sarvi to take action, all of the following conditions must be met:

  • The victim is an individual who has obtained a decision from the criminal judge granting him damages and, possibly, reimbursement of all or part of the costs of the trial.
  • The victim cannot be compensated by the Compensation Board for Victims of Crime (Civi).
    If the victim has made an application to the Civi which has been rejected, the victim can only bring the case to the Sarvi one year after the decision to reject the Civi.
  • The convicted person did not pay the amount of the conviction within 2 months of final judgement.

Deposit

You can enter the Sarvi: titleContent online or by mail:

Online

Use the following online service:

By mail

You must use the following form:

Application for recovery assistance

It must be sent, with supporting documents, to this address:

Who shall I contact

Time

Application must be filed not later than 1 year after final judgement.

However, the Sarvi may accept an application filed out of time for legitimate reasons.

If the Sarvi refuses to receive an application after the deadline, the civil party may refer the matter to the president of the court no later than 1 month after receipt of the decision to refuse the Sarvi.

Who shall I contact

The Sarvi: titleContent shall pay the victim part or all of the amount of the conviction, provided that:

Sentence Amount: up to €1,000

The Sarvi pays the full amount of the conviction.

Sarvi makes this payment in 2 months following receipt of the victim's request (when the request is accepted by the Sarvi).

Conviction exceeding € 1000

The Sarvi verse 30% the amount of the conviction, with €1 000 and €3,000.

Example :

  • if the amount of the conviction is €2,500 : 2500 x 30% = 750, then the Sarvi €1 000.
  • if the amount of the conviction is €12 000 : 12000 x 30% = 3600, then the Sarvi pays €3,000.

Sarvi makes this payment in 2 months following receipt of the victim's request (when the request is accepted by the Sarvi).

The Sarvi will then arrange for the convicted person to pay the amount of the conviction, plus a penalty.

Depending on the amount of money he or she recovers from the convicted person, the Sarvi shall pay the victim the additional amount granted to him or her by the criminal decision.