COMPENSATION FOR CRIMES VICTIMS

Financial compensation

Victims and their family members who suffered property and non-property damages from crimes of a general nature can receive financial compensation, and victims who suffered property damages from the crime can receive financial compensation. When the victim has died as a result of the crime, the right to support and financial compensation passes to his heirs or to the person with whom he was de facto cohabiting.

Financial compensation is for the following crimes:

1. terrorism; premeditated murder; attempt to kill; intentional grievous bodily harm; fornication; rape; human trafficking;

2. crimes committed at the behest or in fulfillment of a decision of an organized criminal group;

3. other serious intentional crimes, which resulted in death or serious bodily injury as a compensatory consequence.

The bodies of the Ministry of Internal Affairs, investigators and victim support organizations immediately notify the persons.

II. Notification

The notification shall be made in a clear and comprehensible manner, orally or in writing by means of a model form, in a language that the persons understand.

For the notification, a protocol is drawn up according to a model, in two identical copies, which are registered according to the established in the relevant authority or organization. One copy of the protocol and the form are handed over to the injured persons.

III. RIGHT OF INDIVIDUAL EVALUATION

Crime victims have the right to an individual assessment. The purpose of the assessment is to determine the physical and mental condition of the victim as a result of the committed crime and to establish the presence of specific needs for protection within the meaning of § 1, par. 4 of the additional provisions of the Criminal Procedure Code.

It is mandatory to assume that specific protection needs are present when:

1. the victim is a child or a disabled person;

2. the person has suffered from terrorism, human trafficking, a crime committed at the behest or in fulfillment of a decision of an organized criminal group, a crime under chapter two, section VIII of the special part of the Criminal Code, a crime committed in conditions of domestic violence, or a crime committed with racist or xenophobic motives;

3. the victim is financially or otherwise dependent on the perpetrator.

IV. FORMS OF ASSISTANCE AND FINANCIAL COMPENSATION TO CRIME VICTIMS

When carrying out the individual assessment, the following are taken into account: the type and nature of the crime and the circumstances related to it; the type and extent of damages suffered; the victim's age, intellectual development, emotional and social maturity and education, as well as other personal characteristics.

The forms of assistance to crime victims are:

1. medical assistance in emergency situations in accordance with the Health Act;

2. psychological consultation and assistance;

3. free legal aid in accordance with the Law on Legal Aid;

4. practical help.

The members of the victim's family who have suffered property and non-property damage from crimes of a general nature can use the forms of assistance - psychological consultation and assistance and practical assistance.

Victims of crimes are entitled to one-time financial compensation under certain conditions. The financial compensation is provided after the entry into force of:

1. the conviction, including in cases where the case was considered in the absence of the defendant;

2. the agreement to resolve the case in the pre-trial proceedings;

3. the prosecutor's or judicial act by which the criminal proceedings were terminated, except for cases where the termination is based on Art. 24, para. 1, items 1, 7, 8a and 9 of the Criminal Procedure Code;

4. the prosecutor's or court act by which the criminal proceedings were suspended due to non-disclosure of the perpetrator of the crime.

The financial compensation is expressed in the provision by the state of a sum of money, the maximum amount of which for the person cannot exceed BGN 10,000.

When the financial compensation is provided for the maintenance of heirs or the person with whom he was in de facto cohabitation, who have not reached the age of 18, the amount for each person is up to BGN 10,000.

The financial compensation covers, together or separately, the property damages that are a direct consequence of the crime and are expressed in:

1. treatment costs, with the exception of costs covered by the budget of the National Health Insurance Fund;

2. lost income;

3. costs of payment of court and administrative expenses;

4. missed means of maintenance;

5. funeral expenses;

6. other property damages.

If you need help, you can contact lawyer Yulia Danova at 0895645940