Criminal Injuries Compensation Scheme Regulations, 2012

L.N. 186 of 2012

CRIMINAL CODE

(CAP. 9)

Criminal Injuries Compensation Scheme Regulations, 2012

IN EXERCISE of the powers conferred by article 698 of the

Criminal Code, the Minister for Justice, Dialogue and the Family, has

made the following regulations:-

PART I

INTRODUCTORY

(1)

The title of these regulations is the Criminal

Injuries Compensation Scheme Regulations, 2012.

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

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

to crime victims.

APPLICATION FOR CRIMINAL INJURIES COMPENSATION *

Part I

Personal details

Name and surname

Address

ID number

Telephone nos.

Fixed

Mobil

line

e

E-mail address

In case of an applicant as a qualifying claimant

Name and surname of deceased

victim

Date of victim’s death

_____/____________/_______

Nature and degree of dependency on

the deceased victim

Part II

Information to be submitted

A. Date of commission of crime

_____/____________/_______

B. Place of commission of crime

C. Brief description of nature and consequences of crime

* This application is to be forwarded, duly filled in and with the necessary accompanying documents, to the

Assisting Officer at the Ministry of Justice, Palazzo Ferreria, Republic Street, Valletta

D. Identity of assailant where known

E. Steps taken to inform the police, or other body or person of the circumstances

giving rise to the crime

F. Co-operation with the police or other authority in attempting to bring the assailant

to justice

G. If assailant has been brought to justice, state when and before which Criminal

Court

H. Has the Criminal Court already established the compensation due to the victim/s of

the crime? If so, state the date of the order.

Has any legal action to claim compensation been taken? If so, state what type, when

taken and, if proceedings have been terminated, the final outcome thereof

Give a sufficient description of the nature (physical, psychological, proprietary,

mental damage etc.) and extent (e.g. partial or permanent disability, medical and

hospitalization expenses, loss or reduction of earnings resulting from temporary or

permanent inability to work) of the criminal injuries suffered, indicating the

pecuniary amount of compensation hereby claimed

Part III

Certificates and documents to be attached hereto

1. Birth certificate of applicant.

2. Death Certificate of victim, where applicable.

3. Applicant's Police Conduct Certificate.

4. Police Report relating to the crime in question.

5. Affidavit by applicant confirming that no compensation has been awarded in connection with the crime

mentioned in this application.

6. Any other documentary evidence in support of the claim hereby made, particularly medical certificates

with regard to paragraph J under Part II above.

7. Any other relevant certificates or documents.

Signature of applicant

post/e-mail

Tick the appropriate manner in which you



wish the reply to be forwarded to you

or



via SMS

Date

_____/____________/_______

The personal information provided in this application form shall be

processed in accordance with the provisions of the Data Protection Act (Cap. 440

of the Laws of Malta) and solely for the purpose(s) enshrined under the Criminal

Injuries Compensation Scheme Regulations, 2012 and any other ancillary matter.

Your personal information will not be disclosed to third parties without your

express consent unless this is strictly required by law.

You have the right to request access to your personal data as well as the right

to rectify and where applicable, erase any inaccurate, incomplete or immaterial

personal data processed by the Assisting Officer and/or the Claims Officer.

I do hereby authorise the Assisting Officer and/or the Claims Officer to

process the data contained in this form for the above-stated purpose(s).

€0.81

In these regulations, unless the context otherwise requires

"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 9;

"Claims Officer" means the Attorney General;

"compensation" means compensation payable under an award;

"criminal injuries" means any damage suffered as a

consequence of a violent intentional crime as defined under these

regulations;

"dependants" means the persons maintained by the deceased and

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

the deceased;

"Minister" means the Minister responsible for Justice;

"Scheme" means the scheme under which persons suffering

criminal injuries may be eligible for compensation under the

provisions of these regulations;

"violent intentional crime" means an act which constitutes a

crime referred to in articles 198, 204A(1)(a), 211 and 216 of the

Criminal Code when committed by any of the means referred to in Cap. 9.

articles 217, 218, 312, 314A(2), 314B(2) and 314CB(1) and (2) of the

said Code and the offences mentioned in articles 316 and 317 of the

said Code where, as a result thereof, a person perishes or suffers

grievous bodily harm.

The Assisting Officer shall be appointed by the Minister on Appointment of

such terms and conditions as he considers appropriate and shall Assisting

Officer.

receive applications and assist in their evaluation in accordance with

these regulations.

(1)

Applications for compensation under these Application for

regulations shall be submitted in the form as specified in the compensation.

Schedule.

(2) Applications shall be accompanied by a police report.

(3) Applications shall be submitted by not later than one year

from when the violent intentional crime was committed.

(4) An application for compensation, together with the

necessary documentation, shall be submitted to the Assisting Officer

who shall then forward it to the Claims Officer who shall determine

awards and payments of compensation.

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

other additional evidence with the purpose, amongst 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.

(6) The Claims Officer may also, at his discretion, call the

applicant to be medically examined or re-examined for the purposes

of these regulations.

The Claim 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 criminal injury either from the applicant or

otherwise.

PART II

ENTITLEMENT TO COMPENSATION

The Scheme shall apply only with regards to criminal Offences

covered by the

injuries, as defined, subject to the provisions of these regulations.

Scheme.

To qualify for compensation, applicants are required to

indicate to the Claims Officer that the offence giving rise to the

criminal injury sustained has been the subject of criminal proceedings

or that it was reported to the Police without delay.

Compensation may be paid in accordance with the

Scheme

(a)

to an applicant who has sustained a criminal injury

on or after 1st January 2006; and

(b)

to an applicant who is a qualifying claimant for the

purposes of regulation 9(2)(d) with regards to a victim of a

criminal injury sustained on or after 1st January 2006 who has

since died due to the same criminal injury sustained.

(1)

The persons entitled to compensation are

(a)

citizens of Malta; and

(b)

citizens of one of the Member States of the

European Union; and

(c)

persons who are habitual residents of Malta.

(2) The Claims Officer shall consider claims for compensation

made by or on behalf of

(a)

the person who was the victim of the crime;

(b)

any person who becomes responsible for the

maintenance of the victim and who has suffered a direct,

pecuniary loss as a result of the criminal injury sustained by the

victim;

(c)

any dependant of the victim where the victim has

died as a result of the criminal injuries sustained or, if he has no

dependant, any person who incurred expenses as a result of his

death;

(d)

any claimant as provided for in articles 1045, 1046,

1047 and 1048 of the Civil Code, where the victim has died

since sustaining a criminal injury.

The Claims Officer may withhold or reduce an award

where he considers that

(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; or

(f)

the victim was jointly or partially responsible for

the criminal injury sustained; or

(g)

the conduct of the victim, his character or his way

of life, makes it appropriate to do so.

No compensation will be paid under the Scheme where

No

compensation.

(a)

the criminal injury was sustained before 1st

January 2006;

(b)

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;

(c)

the applicant has not, in the opinion of the Claims

Officer, provided all reasonable assistance and information

required for the purposes of these regulations;

(d)

the applicant was responsible for the criminal

injury sustained because of provocation or any other action of

his own;

(e)

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.

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

Criminal Code, has already established the compensation due to the

victim or victims of the criminal injury, the Claims Officer will not

assess that claim but will proceed to pay compensation subject to the

provisions of these regulations.

PART III

PROCEDURES AND PAYMENT

The Claims Officer shall be free to draw up and publish

any instructions that he considers necessary regarding the procedure

for administering these regulations

Provided that 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 Claims Officer, should be informal.

An applicant may be accompanied by his legal adviser or

another person, at his own cost.

Hearings will be held in private.

The standard of proof, which the Claims Officer will apply

for the determination of any claim, shall be on a balance of

probabilities.

Compensation will be by way of a lump sum payment,

rather than a periodical pension

Provided that 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 criminal injury is delayed.

No payment to any claimant shall exceed the sum of

twenty-three thousand and three hundred euro (€23,300) and such

sum shall not be exceeded where there is more than one claimant

claiming by virtue of the same crime.

The Government shall be subrogated into the rights of the

victims of the crime against the perpetrator, whether known or

unknown.

Payments received by the claimants shall be considered to

be part of the civil damages sustained.

The Claims Officer shall be entitled to make any

arrangements that he considers desirable for the administration of

money he awards as compensation.

(1)

Saving the provisions of sub-regulation (2), the Revocation of

Criminal Injuries Compensation Regulations, 2007, hereinafter Criminal

Injuries

referred to as the "revoked regulations", are hereby revoked, without Compensation

Regulations,

prejuduce to anything done or omitted to be done thereunder.

2007. L.N. 190 of

2007. (2) Notwistanding the provsions of sub-regulation (1), any

claim pending under the revoked regulations shall continue to be

heard and treated under these regulations, and the provisions of these

regulations shall, mutatis mutandis, apply in respect of such pending

claim.