Hopp over navigasjon

Compensation for victims of violent crimes

The arrangement concerning compensation paid by the State to victims of violent crimes came into force on 01.04.75, and applies to personal injuries that were incurred as a result of criminal acts that took place after 01.01.75. For personal injuries that were incurred prior to 01.01.75, one can apply for an Ex gratia payment from the public purse. From 1976 to 2001 the arrangement had its legal authority in regulations. The Act on compensation for victims of violent crimes came into force from and including 01.07.01. Pursuant to the act, one has the legal right to receive compensation for victims of violent crimes providing that the terms and conditions are fulfilled.

Case handling
In the first instance, The Norwegian Criminal Injuries Compensation Authority  (Kontoret for voldsoffererstatning, KfV) rules on applications. The rulings can be appealed to the Compensation Board for Victims of Violent Crime. Appeals must be sent to the Norwegian Criminal Injuries Compensation Authority. The time limit for appeals is three weeks, and is calculated from the date of which the notification of KfV’s ruling was received by the appellant. If the KfV find no reason to alter the ruling, the appeal will be forwarded to the Compensation Board for Victims of Violent Crime

 

The Norwegian Civil Affairs Authority are responsible for preparing the case for the Board. A case manager/jurist from the Norwegian Civil Affairs Authority will be appointed to deal with the appeal. The case manager will prepare the case for presentation to the Board. The appellant will be notified when the Norwegian Civil Affairs Authority receive the appeal, and will also be informed of the estimated case processing time. The average case processing time from the receipt of the appeal by the Norwegian Civil Affairs Authority and until a final ruling is made is currently 6-8 months.

 

The Board processes appeals in meetings. The Board held 12 such meetings in 2006. In good time prior to the meeting the Board will receive all necessary case documents. The Board members discuss the case during the meeting. The Board can either reverse or uphold KfV’s ruling. Appellants can attend the meeting in person.

 

If KfV’s is reversed, this means that this is in whole or part in the appellant’s favour. The Board will then either adopt a new ruling in its own capacity or return the case to KfV for new assessment. The action taken is dependent on the basis for the appeal and what the appellant has had ruled in his/her favour. KfV pays out the remaining part of the compensation.

 

If KfV’s ruling is upheld, this means that the appeal has been denied. Rulings by the Board are final, and cannot be appealed. They can however be brought before the ordinary courts of law in the usual manner.


About the compensation for victims of violent crimes arrangement
The basis is that the person or persons (perpetrator/s) committing the violent act is/are liable to pay compensation for his/her/their actions. It is however a fact that many perpetrators lack sufficient resources to pay, and that many perpetrators remain unknown. Victims of violence will be helped to some degree by other support arrangements, for example sick pay from employers, social security payments and other social support schemes and insurances. Despite this, there will in many cases remain an uncovered loss. It is a common social responsibility to help those who are the victims of violent crimes, and the compensation for victims of violent crimes arrangement is designed to ensure that – within reason – the victims of such crimes do not suffer economic or financial loss.

 

The key precondition for awarding compensation for victims of violent crimes is that there is a clear weight of probability that the claimant has been the victim of wilful act of violence against the person or other punishable offence that is typified by violence or coercion, and that has resulted in personal injury. It is also usually a precondition that the punishable offence has been reported without undue delay, and that the injury was sustained in Norway.

 

The Compensation for victims of violent crimes arrangement encompasses compensation for expenses, loss of income, loss of future income, damages for pain and suffering for permanent medical invalidity, reparation for non-pecuniary damage and compensation for surviving relatives. Financial/economic loss must be documented in order to receive compensation.

 

For acts that took place after 01.07.01 the amount of compensation is limited upwards to 20 times the national insurance basic amount. Awards are also subject to the special rules stipulated in the Compensation for victims of violent crimes act, as well as the customary rules of law applicable to compensation.

 

The Norwegian Civil Affairs Authority is the Secretariat for the Compensation Board for Victims of Violent Crime. The Board deals with appeals against rulings adopted by The Norwegian Criminal Injuries Compensation Authority. Application forms and links to the relevant regulations can found on the Internet pages of The Norwegian Criminal Injuries Compensation Authority.

 

About the Compensation Board for Victims of Violent Crime
The Compensation Board for Victims of Violent Crime is an independent administrative organ that is appointed by The Ministry of Justice for periods of four years. The Compensation Board for Victims of Violent Crime deals with appeals against rulings adopted by The Norwegian Criminal Injuries Compensation Authority in accordance with the articles of The Compensation for victims of violent crimes Act. The Board has a chairperson with a personal deputy and two members, each with personal deputies. The members are appointed by The Ministry of Justice for a period of service of four years. Both the Chairperson and the Deputy Chairperson shall hold a degree in law.

 

From 1st May 2004 The Compensation Board for Victims of Violent Crime has the following members:

 

Chairperson:  District Court Judge Harald Jølle, Farsund

Member: Lawyer Carl Gunnar Sandvold, Stavanger

Member: Specialist in psychiatry Marianne Jacobsen, Oslo


Deputy Chairperson: Judge Ingrid Smedsrud, Oslo

Deputy Member: Lawyer Kjersti Lunde, Stavanger

Deputy Member: Specialist in psychiatry Odd Gunnar Heitun, Jevnaker

 

 

The Board’s rulings are anonymised and published on Lovdata