190 tal-2007 - Regolamenti tal-2007 dwar Kumpens għal Ħsara kkawżata mill-Kriminalità

L.N. 190 of 2007

CRIMINAL CODE

(CAP. 9.)

Criminal Injuries Compensation Regulations, 2007

BY VIRTUE of the powers conferred by article 698 of the

Criminal Code (Cap. 9), the Minister of Justice and Home Affairs has

made the following regulations:-

Part I

INTRODUCTORY

(1) The title of these regulations is the Criminal Injuries Citation.

Compensation Regulations, 2007.

(2) The purpose of these regulations is to implement the

provisions of Council Directive 2004/80/EC relating to compensation

to crime victims.

For the purposes of these regulations, any crime arising

under the provisions of articles 211 and 262(1)(a) and (c) of the

Criminal Code shall be deemed a violent intentional crime.

In these regulations, unless the context otherwise requires

Interpretation.

"Assisting Officer" means a person appointed under regulation

3 who shall be the assisting authority;

"award" means an award of compensation made in accordance

with the provisions of the Scheme referred to in regulation 5;

"Claims Officer" means a person appointed by the Minister

under article 5 who shall be a deciding authority;

"compensation" means compensation payable under an award;

"criminal injuries" means

any

damage

suffered

as

a

consequence of a criminal act;

"dependants" means the persons maintained by the deceased

and the persons who were entitled by law to require to be maintained

by the decease;

"Minister" means the Minister responsible for Justice;

"violent intentional crime" means an act which constitutes a

crime under the Criminal Code as specified in the Schedule.

The Assisting Officer shall be appointed by the Minister on

such terms and conditions as he considers appropriate and shall

receive applications and assist in their evaluation in accordance with

these regulations.

(1) An application for compensation under these

regulations shall be submitted to the Assisting Officer to be

forwarded to the Claims Officer who shall determine awards and

payments of compensation. The Claims Officer shall be appointed on

such terms and conditions as the Minister considers appropriate.

(2) Applications shall be submitted within a reasonable period

of time and in any case not later than one year from when the violent

intentional crime was committed. Applications must be accompanied

by a police report.

(3) The Claims Officer may, at his discretion, request any

other additional evidence with the purpose, among other things, to

ensure that compensation has not been awarded or will not be

awarded from any other source including, if need be, an affidavit by

the applicant and may call the applicant to be medically examined or

re-examined.

Compensation may be paid in accordance with this

Scheme

(a)

to an applicant who has sustained a criminal injury

on or after 1st January, 2006; and

(b) where the victim of an injury sustained on or after

1st January, 2006 has since died, to an applicant who is a

qualifying claimant for the purposes of regulation 11.

The persons entitled to compensation are

(a)

citizens of Malta; and

(b) citizens of one of the Member States of the

European Union.

No compensation will be paid under this Scheme where the

criminal injury was sustained before 1st January, 2006.

The Claims Officer may withhold or reduce an award Eligibility to

receive

where he considers that

compensation.

(a)

the applicant failed to take, without delay, all

reasonable steps to inform the police, or other body or person

considered by the Claims Officer to be appropriate for the

purpose, of the circumstances giving rise to the crime; or

(b) the applicant failed to co-operate with the police or

other authority in attempting to bring the assailant to justice; or

(c)

the applicant has failed to give all reasonable

assistance to the Claims Officer or other body or person in

connection with the application; or

(d) the conduct of the applicant before, during or after

the incident giving rise to the application makes it inappropriate

that a full award or any award at all be made; or

(e)

the applicant’s character as shown by his criminal

convictions or by evidence available to the Claims Officer

makes it inappropriate that a full award or any award at all be

made.

Part II

ENTITLEMENT TO COMPENSATION

The Claims Officer will consider claims for compensation Persons who

may claim

made by or on behalf of

compensation

under this

Scheme.

(a)

the person who was the victim of the crime;

(b) any person responsible for the maintenance of the victim

who has suffered pecuniary loss or incurred any expenses as a result

of the crime;

(c) where the victim has died as a result of the crime, any

dependent of the victim or, if he has no dependant, any person who

incurred expenses as a result of his death;

(d) where the victim has died otherwise than as a result of the

crime, any dependent of the victim.

Where the Criminal Court, by virtue of article 532A of the

Criminal Code, has already established the compensation due to the

victim/s of the crime, the Claims Officer will not assess that claim but

will proceed to pay compensation subject to the provisions of these

regulations.

Where the victim has died since sustaining the injury the

Claims Officer may award compensation to any claimant as provided

for in articles 1045, 1046, 1047 and 1048 of the Civil Code.

Compensation will be by way of a lump sum payment,

rather than a periodical pension, but it will be open to the Claims

Officer to make an interim award and to postpone making a final

award in a case in which a final medical assessment of the injury is

delayed.

No compensation will be payable where the Claims Officer

is of the opinion that the offender is not indigent or unless proof has

been produced that legal action to claim compensation has proved to

be fruitless.

No compensation will be payable to an applicant who has

not, in the opinion of the Claims Officer, given the Claims Officer all

reasonable assistance in relation to any medical report that he may

require, and otherwise.

No compensation will be payable where the Claims Officer

is satisfied that the victim was responsible either because of

provocation or otherwise, for the offence giving rise to his injuries

and the Claims Officer may reduce the amount of an award where, in

his opinion, the victim has been partially responsible for the offence.

No compensation will be payable where the Claims Officer

is satisfied that the conduct of the victim, his character or his way of

life make it inappropriate that he should be granted an award and the

Claims Officer may reduce the amount of an award where, in his

opinion, it is appropriate to do so having regard to the conduct,

character or way of life of the victim.

The Government shall be subrogated into the rights of the

victims of the crime against the perpetrator, whether known or

unknown.

No payment to any claimant shall exceed the sum of ten

thousand liri (Lm 10,000) and such sum shall not be exceeded where

there is more than one claimant claiming by virtue of the same crime.

Payments received by the claimants shall be considered to Civil damages.

be part of the civil damages sustained.

There shall be an Assisting Officer who shall be free to Procedures.

draw up and publish any instructions he considers necessary

regarding the procedure for administering these regulations.

However, these instructions will be consistent with the provisions of

these regulations and with the general intention that the

administration of these regulations and, in particular, proceedings

before the Assisting Officer, should be informal.

Applications should be made on the required application Application

form, which is obtainable from the Secretary to the Assisting Officer. form.

To qualify for compensation it will be necessary to indicate Qualification for

to the Claims Officer that the offence giving rise to injury has been compensation.

the subject of criminal proceedings or that it was reported to the

Police without delay.

The Claims Officer’s staff will process applications in the Processing of

first instance and may seek all relevant information as to the applications.

circumstances of the injury either from the applicant or otherwise.

An applicant may be accompanied by his legal adviser or Legal

another person but the Claims Officer will not pay the costs of legal representation.

representation.

Hearings will be held in private.

Hearings to be

held in private.

The standard of proof, which the Claims Officer will apply Standard of

to a determination of any claim, shall be on the balance of proof.

probabilities.

The Claims Officer will be entitled to make any Administration

arrangements that he considers desirable for the administration of of

awarded.

money he awards as compensation.