As a victim, you have the right to claim compensation for the harm you suffered due to a crime. This might be for physical or moral injuries and/or for damaged or lost property.
Request for compensation during criminal trial
According to Slovak law you can request compensation at any time during the investigation.
You can ask to be compensated for the loss of both:
- your damaged or lost property
example A damaged car or money that you have spent for your treatment in a hospital.
- moral suffering
example If you have been kidnapped and held in captivity for some days, you may request compensation for the moral suffering you experienced. In addition, if you were physically injured as a result of a crime, you may seek compensation for the moral suffering.
- damage to health
Preconditions for the successful granting of the claim within a criminal proceeding are as follows:
- existence of damage
- timely exercise of the claim (until the end of the investigation, or shortened investigation)
- proper assertion of the claim (state the amount of damages, submit relevant documents)
- a claim was not exercised and admitted in civil proceedings
- an accused was convicted of a criminal offense
If an accused is not convicted within criminal proceeding, the criminal court will refer victim to a civil proceeding.
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will take into account:
- the gravity of the crime
- the injuries you suffered and their consequences
- the psychological trauma you may have suffered and other factors
Compensation from the State
According to Slovak law, you can request compensation from the State. You are entitled to such compensation if:
- you have suffered a physical injury as result of a violent crime
- you have suffered a moral damage caused by the crime of human trafficking or sexual crime, or
- your close relative has died as result of a violent crime
Civil claim
If you have not requested compensation during the criminal trial, you can lodge a civil claim for damages. This claim must be submitted to the civil court (court of general jurisdiction). You can file a civil claim for damages even if the criminal court has acquitted the accused.