If my claim is to be considered in this country

Malta

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Malta

Which type of crime can I get compensation for?

You can get compensation for violent intentional crimes which are: willful homicide, grievous bodily harm, rape, human trafficking, prostitution of minors, stalking, female genital mutilation, death or grievous bodily harm caused by explosion, by use of radioactive material or lethal device or nuclear material, arson endangering life

Which type of injury can I get compensation for?

You can get compensation for any damage suffered as a consequence of any of the crimes indicated above. Compensation awarded also takes into account any permanent disability suffered, which can be both physical and psychological; any future losses caused by the disability are taken into account.

Can I get compensation if I'm a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

If the victim dies as a result of the crime, then the dependants may claim compensation. The term “Dependants” means the persons maintained by the deceased and the persons legally entitled to be maintained by the deceased.

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

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 may also apply for compensation.

Can I get compensation if I'm not a national of an EU country?

You can apply for compensation if you are a habitual resident in Malta.

Can I claim compensation from this country if I live here or am from here (this is my country of residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country in which the crime took place? If so under what conditions?

Compensation can only be claimed for crimes that took place in Malta. If the crime took place in a different country, then, the cross-border mechanism would apply.

Do I have to have reported the crime to the police first, to be able to claim compensation?

Yes, the crime must have been reported to the police without delay.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

You do not have to await the outcome of any police investigations or criminal proceedings before you can claim compensation.

Do I have to first seek compensation from the offender – if they have been identified?

You should first seek compensation from the offender if identified.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You still qualify for compensation even if the offender has not been identified or convicted. You need to present the police report, medical assessment and evidence relative to expenses.

Is there a time limit within which I have to claim compensation?

The claim for compensation must be submitted by not later than one year from when the crime was committed.

What losses and expenses are covered by the compensation?

You can get compensation for any real damage suffered as a consequence of any of the crimes indicated above. Compensation awarded also takes into account any permanent disability suffered, both physical and psychological; any future losses caused by disability are also taken into account.

Is the compensation paid out in a single payment or monthly instalments?

Compensation is paid by way of a lump sum payment. However, the Claims Officer may make an interim award and postpone making a final award in a case in which a final medical assessment of the injury is delayed.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

The Claims Officer may withhold or reduce compensation if he/she considers that:

  1. The applicant failed to promptly take all reasonable measures to inform the police, or other body or person, whom the Claims Officer considers appropriate, of the circumstances of the crime for the purpose in question; or
  2. the applicant did not cooperate with the police or any other authority to bring the offender to justice; or
  3. the applicant failed to provide all reasonable assistance to the Claims Officer or to any other body or person in relation to the application; or
  4. the applicant’s behaviour before, during or after the incident for which claim is sought does not justify full compensation or any compensation, or
  5. The applicant's character as shown in their criminal convictions or in evidence available to the Claims Officer does not justify full compensation or the award of any other full sum; or
  6. the victim was jointly or partly responsible for the injury sustained; or
  7. the victim’s behaviour, character or lifestyle warrant this.

No compensation will be paid under the scheme where:

  1. the Claims Officer is of the opinion that the offender is not indigent or unless it is shown that the legal action to claim compensation was made without a favourable outcome;
  2. the Claims Officer is of the opinion that the applicant has not provided all reasonable assistance and information necessary for the purposes of the regulations;
  3. the applicant was responsible for the criminal injury sustained due to provocation or any other action.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation may affect the amount awarded.

Are there any other criteria that could affect the possibility of receiving compensation and/or the amount?

There are no other criteria besides those indicated above.

How will the compensation be calculated?

The compensation covers the actual expenses incurred, as well as future losses in accordance with the percentage of permanent disability sustained, if any.

Is there a minimum/maximum amount that can be awarded?

There is no minimum amount which may be awarded, whereas the amount awarded cannot exceed twenty-three thousand three hundred Euro (€23,300).

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

Yes, you are expected to quote the amount in the claim form. No instructions are provided on how to calculate the amount claimed.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

The amount of compensation received for your loss from other sources will be deducted from the compensation paid by the authority.

Can I get an advance on the compensation? If so under what conditions?

The Claims Officer may make an interim award and postpone making a final award in a case in which a final medical assessment of the injury is delayed.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health, etc.) after the main decision?

The award is final and no complementary or additional compensation may be awarded.

What supporting documents do I need to include with my claim?

The documents are:

  • Birth certificate of the applicant
  • Death certificate of the victim, where applicable;
  • Applicant’s Police Conduct Certificate;
  • Copy of the police report;
  • Affidavit by the applicant confirming that no compensation has been awarded in connection with the crime mentioned in the claim.
  • Documentary evidence in support of the claim particularly medical reports and certificates in connection with any disability sustained, receipts for expenses sustained as a result of the offence, proof of income.
  • Other relevant certificates or documents.

Are there administrative or other charges to be paid when the claim is received and processed?

There are no charges to be paid by the claimant.

Which authority decides on compensation claims (in national cases)?

The Claims Officer, who is the Attorney General, decides on compensation claims.

Where do I send the claim (in national cases)?

It should be sent to The Assisting Officer at the Department of Justice, 14 Market Street, Floriana.

Do I need to be present during the procedure and/or when my claim is being decided?

No you do not need to be present.

How long does it take (approximately) to receive a decision on a claim for compensation from the authority?

Not more than one month from when all documentation and evidence required by the Claims Officer is submitted.

If I'm not satisfied with the authority’s decision, how can I challenge it?

The Claims Officer’s decision is final.

Where can I get the necessary forms and other information on how to claim?

These can be obtained from the Assisting Officer or online here.

Is there a special helpline or website I can use?

There is a website available here.

Can I get legal aid (help from a lawyer) when preparing the claim?

Yes, you can get legal aid.

Are there any victim support organisations that can help me claim compensation?

Victim Support Agency Malta which is a Government Agency.

Victim Support Malta – an NGO

Last update: 16/11/2022

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