If my claim (from another country) is to be considered in this country - Portugal
Tämän sivun teksti on konekäännös, eikä sen laatua voida taata.
Konekäännöksen arvioitu laatutaso: Hyvä
Onko käännös mielestäsi hyödyllinen?
Which authority decides on a claim for compensation in cross-border cases?
In Portugal it is the Commission for Crime Victims Protection (cPCV).
Can I send my claim directly to the deciding authority in this country even in cross-border cases (without having to go via the assisting authority in my home country)?
No. The victim of violent crime or of domestic violence, who is habitually resident in another EU Member State, must lodge an application/advance for compensation to be paid by the Portuguese State to the competent authority of the EU Member State in which he or she resides.
This authority shall send that application to the cPCV in Portugal, which shall receive it, carrying out the necessary investigation of the facts and deciding on the request.
In which language (s) do the compensation authorities (s) accept the:
CPCV accepts applications and documents in Portuguese or English.
the supporting documents?
If the cPCV considers that the competent authority of the Member State of the habitual residence of the applicant for compensation promotes the hearing of the applicant or of any other person (e.g. a witness or expert), it may not refuse such minutes provided that it is drafted in a language corresponding to one of the languages of the Community institutions.
If the compensation authority translates the claim/supporting documents from another EU country, who pays for this?
CPCV itself. The services requested and provided by CPVC in the event of violent crime or domestic violence do not give rise to any claim for reimbursement of expenses or expenses.
Are there administrative or other charges to be paid in this country for processing my claim (received from another EU country)? If so, how can I pay these?
If I need to be present during the procedure and/or when my claim is being decided upon, can I be reimbursed for my travelling costs? How can I claim them? Whom do I contact?
PVC receives all the documents it needs for the investigation and decision of the compensation procedure to be paid by the Portuguese State for the crime committed in this country, against a victim who is ordinarily resident in another MS. It may also apply to the authority of the Member State of residence of the victim to be heard. There will be no need for the applicant to go to Portugal to be heard by the Commission.
If the Portuguese court deems it indispensable to hear the person in person, without other means being used, the travel expenses and other related expenses shall be paid by the Portuguese State.
Social Security is the national authority for the reception and transmission of legal aid.
Is an interpreter provided, in case I have to be personally present?
Will medical certificates, given by doctors in my country of residence, be accepted or recognised — or will my health/injury have to be examined by your own medical experts?
All documents sent by the competent authority of the Member State in which the applicant is habitually resident shall be accepted without any special formalities and shall be exempt from legalisation or equivalent formality.
Will I be reimbursed for my travelling costs if I have to undergo a medical examination in this country?
The medical documents which the applicant has provided to the authority of the Member State in which he/she is normally resident and which are necessary for the decision of the case or others to be requested will be sent to the cPCV without further medical examination in Portugal.
How long does it take approximately to get a decision on compensation from the authority/body?
Within 10 days, both the competent authority of the applicant’s MS of usual residence and the applicant’s own member, will receive information on the receipt of the application by the cPCV, indicating the likely time of the decision on the application.
In which language will I receive the decision on my claim?
The decision on the claim may be forwarded to the applicant and to the authority of the Member State of the applicant’s habitual residence in English or Portuguese. The cPCV may also decide to use the official language of the Member State of the EU where the applicant is habitually resident or another language of that Member State provided that it corresponds to one of the languages of the Community institutions.
If I am not satisfied with the decision, how can I challenge it?
Yes. If the applicant considers that it has been adversely affected by the cPCV decision, the applicant has 15 days to claim to the Commission itself. By application, the applicant must set out the grounds on which it relies, and must be able to adduce evidence that it considers appropriate. CPCV has 30 days to assess and decide on the complaint, and may confirm, revoke, revoke, amend or replace the act claimed.
If you do not agree with the decision on the complaint, you will be able to challenge this decision before the administrative courts.
Can I get legal aid (help from a lawyer) under the other country’s rules?
CPCV has no kind of intervention on this particular issue.
Are there any victim support organisations in this country that can help me claim compensation in a cross-border case?
Protection Committee for Crime Victims (PVC):
- Face-to-face — Av. Pereira de Melo sources, No 7, 7dto., 1050-115 Lisbon, from Monday to Friday from 9: 30 to 12: 30 and from 14: 00 to 16: 30;
- By post, by sending the form you can find on the Commission’s homepage;
- By email: Correio.firstname.lastname@example.org;
- Online, by filling in the form for victims of violent crime or domestic violence (https://cpvc.mj.pt/);
- By telephone: (+ 351) 213 222 490, fixed network cost, 9h30-12h30 and 14h-16h30;
- Victim support line: (+ 351) 116 006 (working days 9h-21h);
- Online, on the APAV website: Http://www.apav.pt/ (available in PT, EN, Russian, Chinese); Or at http://infovitimas.pt/pt/app/;
- Geual/SERV IIN video interpreter service (+ 351 12 472), working days, 10h-18h.
Commission for Citizenship and Gender Equality (GIG):
- Information Service for Victims of Domestic Violence (provide information on victims’ rights and on existing resources throughout the national territory where psychological, social and legal information can be obtained) — Telephone: (+ 351) 800 202 148 (free, anonymous, confidential and available 24h service).
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Last update: 27/08/2019