Vastus

Dear Ērika Vizla

I am sending the answers to the questions you asked based on today's current law. Is under development of crime victim compensation based on the Netherland model is under implementation

1. 1. In Estonia, compensation is paid if the victim of a violent crime has suffered severe health damage and as a result has incurred property damage, i.e. his income has decreased or additional costs have been incurred in connection with the restoration of health. In the event of the victim's death, compensation is paid to the dependents and the person who bore the funeral expenses. The limit of compensation per victim is 9,590 euros.

2. 2. Crime victim's compensation is intended only for the victim of a violent crime committed on the territory of the Republic of Estonia, the victim's carer and dependents in the event of the victim's death, and the person who bore the funeral expenses.

3.     Compensation is determined and paid only if the victim of a violent crime has suffered severe health damage and as a result has incurred property damage, i.e. his income has decreased or additional costs have been incurred in connection with the restoration of health. In the event of the victim's death, compensation is paid to the dependents and the person who bore the funeral expenses. The compensation limit is linked to a single crime of violence. From 01.04.2023 state subsidies such as work ability allowance, survivor's pension and funeral allowance paid by the local government, are no longer deducted from the compensation Compensation is not paid if the perpetrator of the crime, the insurance company or another source has already compensated for the same loss

4.     If there are several dependents, joint compensation is determined. Based on the dependent's written request, his/her share of the joint compensation can be allocated. The compensation is distributed equally among all. A dependent is a person who also has the right to survivor's pension.

Kind regards

Kristina Pähkel
osakonnajuhataja

arendusosakond
Sotsiaalkindlustusamet
___________________________

53331563

www.sotsiaalkindlustusamet.ee

See kiri ja manused võivad olla konfidentsiaalsed. Kui olete saanud kirja eksikombel, ei tohi te selle alusel midagi ette võtta ega seda levitada. Palun teavitage kirja saatjat eksitusest ning kustutage kiri.

1. 1. 1. Does your country’s regulatory framework provide for a maximum amount of state compensation that one victim can receive for a single criminal offense? If so, what is the maximum amount of compensation?

2. 2. 2. Does the regulation on state compensation in your country differentiate between violent and non-violent criminal offenses, and does the amount of compensation depend on this distinction?

3. 3. 3. Does your country’s regulatory framework allow situations where one victim can receive multiple state compensations for the same criminal offense? For example, are there situations where multiple criminal proceedings are initiated for several “non-violent” criminal offenses (such as the distribution of pornographic images), and therefore separate compensation is awarded for each proceeding, which in total exceeds the maximum compensation amount stipulated by the regulations?

3. 3. 4. How is the payment of state compensation organized for multiple victims in cases where a person’s death has resulted from a criminal offense? In the event of one person’s death, is a single total compensation amount awarded, which is proportionally divided among the victims, or is separate compensation paid to each victim? What are the considerations underlying the chosen compensation payment model, and are there any restrictive criteria regarding who can be recognized as a victim in such cases (for example, only certain legally defined persons such as spouses, parents, children)?

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