What is the process for claiming damages from the offender? (e.g. court case, civil claim, adhesion procedure)
You have the right to bring a court case against the offender for the offence that was committed against you. You may also contact the Social Welfare Services to obtain information on your right to claim damages.
Minors under the age of 18 have a right to file a claim for damages against all parties liable, for the crimes provided for in the Act on Prevention and Control of Sexual Abuse, Sexual Exploitation of Children and Child Pornography and for human rights violations. The offender bears the respective civil liability to pay compensation for all specific or general damages incurred by the victim(s).
Any person who is a victim within the meaning of the Act on Prevention and Control of Human Trafficking and Exploitation and on Victim Protection has a right to file a claim for damages against all parties liable, for any criminal offences committed against them according to the aforementioned Act as well as for human rights violations. The offender bears the respective civil liability to pay compensation for all specific or general damages incurred by the victim(s), including any arrears owed to the victim(s) as a result of their forced employment.
The court ordered the offender to pay me damages/compensation. How do I make sure the offender pays?
If the offender fails to pay you the amount of damages awarded by the Court, you can address the Court, through your lawyer,, which shall issue an order to the offender to pay the damages awarded; if the offender fails to comply, they shall be instantly arrested and imprisoned
If the offender does not pay, can the state pay me an advance? Under what conditions?
The Law does not provide for any advance to victims by the state.
Am I entitled to compensation from the state?
Compensation may be provided by the state in the form described in the 1997 Law on Compensation of Victims of Violent Crimes (Law 51(I)/97), to victims of violent crimes or their dependants, if:
(a) The victim or his/her dependants are unable to obtain compensation from the offender for any reason, and
(b) No compensation is available from other sources or such compensation is smaller in amount than that provided for in the above Law:
The compensation under the aforementioned Law is payable even in cases where the offender may not be prosecuted or sentenced:
If compensation available from other sources is less than that prescribed in the above Law, the State pays the difference.
The Law also lays down the circumstances where compensation is denied and further determines what the amount of payable compensation includes.
“Violent crime” means any crime committed with intent in the Republic of Cyprus, which involves violence and causes death, severe bodily damage or ill health as a direct result, including any of the following criminal offences, provided that they cause the aforementioned results:
Premeditated murder: (Articles 203 and 204), Attempted murder: (Article 214), Rape: (Article 144), Attempted rape: (Article 146), Kidnapping: (Article 148), Kidnapping of a female person under the age of 16 years: (Article 149), Acts intended to cause severe bodily damage: (Article 228), Severe bodily damage: (Article 231), Attempted bodily damage through use of explosives: (Article 232), Malevolent use of poison: (Article 233), Injury: (Article 234), Assault causing bodily damage: (Article 243), Other assaults: (Article 244), Crimes against personal liberty: (Articles 245-254), Arson: (Article 315).
A request for compensation as per the aforementioned Law must be submitted to the Director of the Social Security Services within a reasonable period of time, in any case within two years after the bodily damage / ill health / death was caused, as applicable.
The request shall be accompanied by a police report, a medical certificate and any other documents that may be useful for its assessment. The Director of the Social Security Services may request such additional evidence as may be required, at his/her discretion, including evidence that no compensation has been or will be paid from any other sources, including a sworn declaration by the applicant.
Am I entitled to compensation if the offender is not convicted?
The award of compensation to the victims is not conditional upon the offender’s conviction. The Court renders a ruling as to the award of damages in the context of the proceedings regarding the claim for damages, which is clearly distinct from the outcome of the criminal proceedings.
Am I entitled to an emergency payment while awaiting the ruling on my claim for damages?
You may not receive an emergency payment since the law does not provide for such a payment .
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