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If my claim is to be considered in this country - Portugal

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Which type of crime can I get compensation for?

Crimes that may give rise to compensation are “violent crime”. Offences resulting in permanent incapacity, temporary and absolute incapacity for work of at least 30 days, or death; if the offence has caused considerable disturbance in the level and quality of life of the victim or, in the event of the victim’s death, of the persons (close relatives) who are economically dependent on it or are dependent on it, and who have not obtained compensation from the offender.

E.g.: Murder, Serious Injuries, Violation, Sexual Abuse of Minors, Domestic Violence or Serious Injuries, resulting from a Roubo crime.

Which type of injury can I get compensation for?

  • Material damage/material damage: these include the damage caused by crime (which are, for example, the costs of hospital treatment, consultations, medicines, etc.) and the benefits that the victim has ceased to receive (which are, for example, the wages you have been unable to receive while you were incapable). Compensation may be granted for damage suffered either by direct or indirect victim.
  • Emotional or emotional harm: although they cannot be economically assessed, they can at least be compensated economically (e.g. damage that interferes with welfare, honour, good name, involving physical pain, mental impairment and emotional suffering). Only the compensation for moral or emotional harm suffered by the direct victim may be awarded.

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?

Yes, financial assistance may be granted to close relatives of the direct or economic dependence of a victim of violent crime who has lost life as a direct result of such an act of violence.

Members of the family who had the right to maintenance for the victim before his/her death may be entitled to receive compensation; the spouse or former spouse, parents, children, siblings, uncles, stepfather/mother, in certain circumstances, as well as persons who, irrespective of their sex, lived in consensual union with the victim on conditions similar to those of the spouses for more than two years.

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?

Indirect victims (close relatives) of violent crime can only receive compensation in the event of the victim’s death.

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

National or foreign victims who have suffered serious damage directly resulting from violence committed on Portuguese territory, or on board Portuguese vessels or aircraft, may receive compensation provided that certain legal requirements are fulfilled.

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

Claim for damages:

a) Victim of crimes committed outside Portugal against Portuguese nationals, or EU citizens, habitually resident in Portugal:

Victims of violent crime, including domestic violence, committed outside the national territory with normal residence in Portugal may be entitled to receive financial compensation from the Portuguese State, as long as they are not entitled to compensation by the State in whose territory the damage was produced. In this case, CPVC is responsible for verifying whether or not the applicant is entitled to compensation in the State in whose territory the damage was sustained.

victims of crime in another Member State of the EU, who are habitually resident there and who wish to grant an advance on compensation to be awarded by the Portuguese State:

If applicants for compensation are habitually resident in another EU Member State, have submitted to the competent authority of the State in which an application for an advance payment of compensation to be granted by the Portuguese State is habitually resident, the CPVC may receive the application transmitted by the competent authority of the Member State, which is the applicant’s usual residence, and decide on the award of damages and notify the competent authority of that fact.

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

Criminal involvement of criminal organs is not compulsory. On the other hand, it is only through complaint or complaint that authorities can find out about the occurrence of a crime and initiate the investigation.

If you are less than 16 years old you cannot complain alone. The complaint shall be submitted by its legal representatives.

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

It is not necessary to wait for the outcome of the police investigation or criminal proceedings to claim compensation. It is necessary to contact CPVC up to one year after the crime has been committed.

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

It is not necessary to first obtain compensation from the offender.

Even if no claim for civil compensation in the criminal proceedings or beyond it was made for reasons solely attributable to the applicant (in particular because he had not claimed compensation in court or had withdrawn it), compensation must be paid, even if it is reduced to half the upper limit of the amount of the advance to be granted by the State through PVC.

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?

Even if the identity of the perpetrator of the violence is unknown or for another reason cannot be prosecuted and convicted, the victim is entitled to advance payment of compensation by the State through PVC.

In the application to be submitted to CPVC requesting the award of an advance on compensation, I must attach documentation justifying the facts relied on, in particular the description of injuries suffered, incapacity for work, medical documents, etc.

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

Yes. Compensation must, as a rule, be claimed in the course of criminal proceedings. To do so, the victim must inform the police or the public prosecutor’s office at the latest by the end of the investigation stage, who wants to submit a claim for compensation, for example by submitting statements. Once you have received a letter of formal notice from the accused, you will have 20 days to submit your claim.

If the victim applies to the CPVC a grant/advance payment, it must do so within one year of committing the offence. If the victim is a minor at the time of the event, he or she may submit an application for an advance on the State compensation up to one year after reaching the age of majority or being emancipated.

Which losses and expenses are covered by the compensation?

For example, will the compensation cover:

for the victim of crime:

— Material damage (non-psychological):

  • Medical expenses due to injury (medical treatment: outpatient and hospital treatment, recovery);
  • Additional needs or expenses caused by injuries (care and assistance, temporary or permanent treatment, rehabilitation, physiotherapy, adaptations necessary at home, special assistance, etc.);
  • Permanent lesions (e.g. disability or permanent disability):
    • Loss of income during and after medical treatment (including loss of earnings and loss of earning capacity, etc.);
    • Loss of opportunity;
    • Costs of legal proceedings related to the incident which caused the damage, including lawyers’ fees and court fees);
    • Compensation for theft or damage to personal property.

— Non-psychological damage:

  • Pain and suffering caused to the victim.

(b) for members of the family or persons close to the victim:

— Material damage (non-psychological):

  • Funeral costs;
  • Medical expenses (e.g. therapy of a relative, outpatient or hospital care, rehabilitation);
  • Loss of maintenance or opportunity.

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

The advance payment of the compensation to the victim of domestic violence is, as a general rule, in the form of a monthly rent granted for 6 months, extendable for the same period, exceptionally, and in duly substantiated cases of hardship and lack of means of subsistence, to be granted in a single instalment.

In the event of a violent crime, the advance of the award of compensation to the victim shall be made in one instalment and may be paid in the form of an annual annuity.

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 amount of compensation to be awarded may be reduced or excluded by the Commission, taking into account the conduct of the victim or the applicant before, during or after the facts, his relations with the offender or his or her environment or where the conduct of the victim appears contrary to a feeling of justice or public order.

However, the conduct of the victim or the claimant is not relevant for the purpose of reducing or excluding compensation if the damage caused was by land motor vehicle or, in certain cases, where rules on accidents at work or in service are applicable.

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

The decision granting an advance and setting the amount of the compensation shall be taken into account:

  • For violent crime, significant disturbance of the level or quality of life;
  • For crimes of domestic violence, the victim’s serious lack of economic deprivation.

In the case of violent crime, account shall also be taken of any sums the victim receives from other sources, in particular from the perpetrator of the crime or from social security; funds received in respect of private life insurance or personal accidents are, in principle, excluded.

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

Account shall also be taken of the fact that no compensation has been made for the loss or damage in the criminal proceedings brought to the offender, or it is foreseeable that the perpetrator will not do so, and no other actual or sufficient source of compensation.

How will the compensation be calculated?

In the case of a victim of violent crime, the amount of compensation is calculated by means of fairness and consideration of funds already received from another source (in particular the offender or social security).

PVC also takes into account the income tax returns of the victim in the 3 years preceding the practice of the facts, relating to the claim for compensation for loss of earnings (money that it no longer receives). In the event of the victim’s death, the reference is the tax declarations of the applicant (close family member) or, failing that, on the basis of an income not exceeding the guaranteed minimum monthly wage.

In particular, for cases of crime of domestic violence, PVC sets its amount in terms of fairness. One of the criteria for the victim of domestic violence being able to claim damages is the situation of serious economic deprivation which has resulted in the crime suffered. To this end, you must report any changes in your economic or family situation.

Sums received by a victim from private life insurance or accident insurance shall be taken into account only for the purpose of determining the amount of compensation on grounds of equity.

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

If the victim applies to the CPVC the advance payment of the compensation, it shall indicate, in particular, the amount of the compensation sought.

In the case of a victim of violent crime, the ceiling to be received by each injured person in cases of death or serious injury is EUR 34 680.

In the event of the death or serious injury of more than one person as a result of the same act, the advance payment of the compensation shall be limited to each EUR 30 600 and shall not exceed the total amount of EUR 91 800.

In the case of sums paid in the form of an annual rent, the ceiling is EUR 4 080 and may not exceed EUR 12 240 when there are several injured parties.

In the case of a crime of domestic violence, the amount to be granted may not exceed the monthly equivalent of the minimum monthly wage for a period of 6 months (extendable by equal period). In the event of a particular economic shortfall, provision may be made for the advance payment of the compensation, even before the checks on the specific situation (instruction) have been completed and no changes are made to the amount of the sums to be received.

* 2019 figures

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, the form itself requests such information.

In the event of compensation from another Member State of the European Union, and that Member State submitted to CPVC the application for compensation, and provided that the applicant is habitually resident in Portugal, CPVC will inform the applicant of the manner in which the application for compensation and the necessary supporting documents are to be completed.

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?

If the victim, after payment of the provision or compensation, in any event obtains compensation for the loss or damage sustained, the CSPVC must require the victim to repay, in whole or in part, the sums received.

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

I am able to obtain an advance provided that the following conditions are met:

(a) If you have been a victim of a violent crime,

  • The offence was committed on Portuguese territory, or was committed outside Portuguese territory, against Portuguese nationals or nationals of EU Member States, as long as they were not entitled to compensation by the State in which the crime was committed,
  • The offence has caused the victim an absolute temporary incapacity for work of at least 30 days or death,
  • The offence has caused the life of the victim a serious disturbance of their standard of living and a considerable disturbance of their quality, the two conditions being cumulative.
  • That he has not obtained compensation for the damage suffered elsewhere — or through the perpetrator, or through their own insurance;
  • The exclusion clauses provided for by law, including the victim’s behaviour before, during and after the crime, are not applicable to the victim, in the course of and after the crime, not being contrary to a feeling of public order or a sense of justice.

(b) If you have been a victim of a domestic violence:

  • Have suffered physical or psychological mistreatment, including corporal punishment, deprivation of liberty and of sexual harm, repeatedly or otherwise,
  • Whether he or she has been committed against, in the presence of a minor, in the presence of a child, in the ordinary address of the victim or at the domicile of the victim; or
  • Whether it has been disseminated via the internet or by other means of widespread public dissemination, personal data, such as image or sound, relating to the privacy of a victim without his consent, and
  • If the victim is in serious economic need as a result of that crime, and
  • The crime took place on Portuguese territory, or was committed outside Portuguese territory, against Portuguese nationals or nationals of EU Member States, as long as they are not entitled to compensation by the State in which the crime was committed (and the cPCV must investigate such a situation),
  • The exclusion clauses provided for by law, including the victim’s behaviour before, during and after the crime, are not applicable to the victim, in the course of and after the crime, not being contrary to a feeling of public order or a sense of justice.

Whether it is a violent crime or a crime of domestic violence, I may also be able to receive, immediately before the cPCV completes the investigation of the award procedure, a provision on compensation to be fixed at a later date in the event of an obvious economic shortfall.

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

CPVC has autonomy to decide cases, where these involve novelty in the case previously decided, or in a specific manner contrary to the guidelines (previously formulated by the PVC itself) of damages awarded on the basis of the type of situation.

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

State compensation for victims of violent crimes (form)

Documents required:

  • Full completion of the application form;
  • Indication of the amount of the compensation sought;
  • Tax return of the victim (or of the claimant when he or she is not the direct victim of the crime) for the year preceding the crime, the year of crime and the year after the crime;
  • Criminal record with a copy of the judgment and date of the final judgment;
  • A power of attorney when the application is made by an authorised representative;
  • Appointment of lawyer in the case of a legally authorised representative.

State compensation for crimes of domestic violence (form)

Documents required:

  • Full completion of the application form;
  • Indication of the amount of the compensation sought;
  • Particularly vulnerable victim or victim status;
  • Copy of Notice or Auto Complaint;
  • Economic, social and family report when the victim is home.

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

No. The application shall be exempt from any costs or charges to the victim, including the documents and certificates necessary for such a claim to be obtained free of charge.

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

CPVC — Commission for Crime Victims’ Protection is the body of the Ministry of Justice responsible for receiving, analysing and deciding on claims for compensation by the State of victims of violent crime and victims of domestic violence in national cases.

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

For the Crime Victims’ Protection Committee (see previous reply)

Location and contact details:

Criminal Injuries Protection Committee

  • Address: Avenida Fontes Pereira de Melo, No. 7 — Piso 7º Dto., 1050-115 Lisboa
  • Tel.: (+ 351) 21 322 24 90
  • Fax: (+ 351) 21 322 24 91
  • E-mail: correio.cpvc@sg.mj.pt

Opening hours:

  • Monday to Friday: 9: 30-12: 30; 14: 00-16: 30

More information Link opens in new windowon https://cpvc.mj.pt/

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

It is not necessary to be present in the course of the examination, unless the CPPVC is of the opinion that the presence is necessary.

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

CPCV, upon receipt of the claim, has a period of one month to examine the claim and take the necessary steps; after the expiry of a month, the decision on the granting of the application shall be taken immediately and the amount thereof shall be indicated.

If I’m not satisfied with the authority’s 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. By application, the applicant must set out the grounds on which it relies and may add the evidence which 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.

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

The Crime victims’ commission website: Link opens in new windowhttps://cpvc.mj.pt/?page_id=31

There are two different forms in case of a victim of violent crime or domestic violence.

Is there a special helpline or website I can use?

CPCV — Protection Committee for Crime Victims: Link opens in new windowHttps://cpvc.mj.pt/.

APAV — Portuguese Association for Victim Support: Link opens in new windowHttp://www.apav.pt/.

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

The State shall ensure that, in cases of violent crime or domestic violence, the victim has access to legal advice and subsequent legal aid.

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

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: Link opens in new windowCorreio.cpcv@sg.mj.pt;
  • Online, by filling in the form for victims of violent crime or domestic violence (Link opens in new windowhttps://cpvc.mj.pt/);
  • By telephone: (+ 351) 213 222 490, fixed network cost, 9h30-12h30 and 14h-16h30;

APAV:

  • Victim support line: (+ 351) 116 006 (working days 9h-21h);
  • Online, on the APAV website: Link opens in new windowHttp://www.apav.pt/ (available in PT, EN, Russian, Chinese); Or at Link opens in new windowhttp://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).

This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.

Last update: 26/08/2019