Compensation for damage

1.13. the procedure for requesting and paying state compensation, and the conditions for receiving it;

Right to state compensation

State compensation is intended to support victims of certain serious criminal offenses. The right to receive compensation is determined by Article 3 of the Law on State Compensation to Victims, and the main information is summarized below in an understandable and user-friendly form.

Who is eligible for state compensation?

State compensation can be received by a victim if they have been recognized as a victim in criminal proceedings and have suffered from certain types of criminal offenses.

Compensation is also payable if:

• the perpetrator or accomplice of the criminal offense has not been identified;
• the guilty person cannot be held criminally liable under the Criminal Law.

Compensation for relatives

If a person has died as a result of a criminal offense or the victim has not been able to claim compensation, the right to receive compensation belongs to the person recognized as the victim in the relevant criminal proceedings (for example, a relative).

In what cases is state compensation due?

The victim is entitled to compensation if, as a result of the criminal offense:

1. The person has died
2. Serious or moderate bodily injury has been caused
3. The victim’s morality or sexual integrity has been violated
4. The victim is a victim of human trafficking
5. The victim is infected with HIV, hepatitis B or C

The victim is not entitled to state compensation if:

1) the criminal offense was directed against traffic safety and the victim is entitled to insurance compensation in accordance with the regulatory enactments on compulsory civil liability insurance for owners of land vehicles;

2) the victim is entitled to compensation from the Medical Treatment Risk Fund.

Amount of state compensation

Maximum amount of compensation

• The maximum compensation payable to one victim is five times the minimum monthly wage.
• The calculation takes into account the minimum monthly wage at the time when the person was recognized as a victim in criminal proceedings.

Amount of compensation depending on the offense

The percentage of state compensation is determined according to the consequences and nature of the offense. Compensation is paid as follows:

100% in the event of the death of the person.

90%

• If the victim has suffered serious bodily injury;
• If the offense is classified as rape or sexual assault;
• If the morality or sexual inviolability of a minor has been violated;
• If the victim is a victim of human trafficking.

70%

• If a minor has suffered moderate bodily injury;
• If a minor is infected with HIV, hepatitis B or C.

50%

• If the victim has suffered moderate bodily injury;
• If morality or sexual inviolability has been violated;
• If the victim is infected with HIV, hepatitis B or C, except in cases already mentioned in the 90% or 70% categories.

Special regulations for certain criminal offenses

Persons recognized as victims of criminal offenses classified under Articles 120, 121, 122, 127, 128, or 129 of the Criminal Code shall be paid compensation in the amount of:

• 50% of the percentage applicable to the offense in question in accordance with the above provisions.

Applying for state compensation

In order to receive state compensation, the victim must submit an application to the Court Administration, attaching the relevant documents depending on the stage of the criminal proceedings.

How to submit an application for state compensation?

The victim shall submit:

• A completed state compensation claim form,
• the template for which is approved by the Cabinet of Ministers. (The form can be found on the website: www.jpa.gov.lv)

The form and information on how to complete it can be obtained from the Court Administration free of charge.

Documents to be attached to the claim

The documents to be attached vary depending on whether the criminal proceedings have already been concluded.

If a final decision in the criminal proceedings has not yet been taken

The victim attaches to the claim form a statement from the prosecutor indicating:

1. The time and place of the criminal offense
2. The classification of the criminal offense, the form of guilt, the date of commencement of the criminal proceedings, and the case number
3. Information about the victim (name, surname, personal identification number, address, contact information, date on which the person was recognized as a victim)
4. Information about the victim’s representative, if the victim exercises their rights through a representative
5. Information about the nature of the harm caused (death, severity of bodily injury, sexual assault, signs of human trafficking, HIV/B/C hepatitis)
6. Date and number of the expert opinion and the person who conducted the examination
7. Information about the perpetrator of the crime, if its disclosure does not interfere with the investigation of the case
8. In cases where the person has died — information about all persons recognized as victims in the same proceedings (name, surname, personal identification number, address, contact information, date of victim status assignment)

If the criminal proceedings have been completed

The victim shall attach:

• The final decision that has entered into force (court judgment or decision of the prosecutor).

If the compensation specified in the decision has not been paid or has been paid only partially, the following must also be attached:

• Enforcement document, or
• Information about the sworn bailiff to whom it has been referred for enforcement.

Deadline for claiming compensation

A claim for state compensation must be submitted:

• within 3 years from the date on which the person was recognized as a victim, or
• within 3 years from the date on which the person became aware of the facts entitling them to claim compensation.

Payment of state compensation

State compensation is paid to the victim after the Court Administration has made a decision on the award of compensation.

How is state compensation paid?

• Compensation is paid in a single payment — it is not divided into several parts.
• Payment is made within one month of the decision on the payment of compensation.

Where is the compensation paid?

The Court Administration transfers the compensation amount to the bank account specified by the victim in the state compensation claim.

When is compensation not paid?

The Court Administration will not pay compensation and will not implement the decision to award it if:

1. The victim refuses in writing to receive state compensation;
2. The victim has died after submitting the application.

Cooperation with other EU countries in the payment of compensation

Damage caused in Latvia

• A permanent resident of another EU Member State may request compensation for a criminal offense committed in the territory of Latvia.
• The request may be submitted in Latvian or English and does not require legalization of documents.
• The Court Administration will provide information about the receipt of the request, deadlines, necessary additional documents, and the responsible contact person within 7 days.
• The decision (to pay or refuse) will be sent to both the victim and the competent authority of the relevant EU country.

If the damage was caused in another EU country

• A victim who is a permanent resident of Latvia has the right to submit a claim for compensation directly or through the Court Administration to the competent authority of the relevant EU country.
• The claim must be submitted in a language accepted by the specific EU Member State.
• The Court Administration provides information on the compensation procedures and requirements of other countries.
• The Court Administration translates the documents received and, within seven days, prepares them in accordance with the requirements of the relevant country and sends them to the competent authority.
• If requested by the authority of another EU country, the Court Administration ensures that persons involved in criminal proceedings are heard.

What to do after receiving compensation

If it later transpires that the information provided in the application was false, or that the victim has already received compensation from another party (e.g., as civil damages or insurance compensation) and this was not indicated, then the compensation paid by the state must be repaid.

This means that the application must be honest and open, and all known sources of compensation must be disclosed so that there is no need to recover the compensation.

Typical problems and risks of errors — what to pay attention to

Incomplete documents (e.g., criminal case judgment, medical reports) may lead to the rejection of the application.

If the victim has not been granted official victim status, the law does not provide grounds for compensation.

If the offense is related to situations for which the law provides other compensation or reimbursement options (e.g., medical malpractice, vehicle collisions with insurance, etc.), there may be discrepancies as to whether the state compensation mechanism is applicable.

Application deadlines and document quality — it is important to comply with these precisely so as not to lose the opportunity to receive compensation.

Recommended step-by-step guide (what to do if you are a victim)

1. Make sure that you are officially recognized as a victim in the criminal proceedings (or, if the victim is deceased, that the responsible relatives can claim compensation).
2. Gather all evidence: criminal case documents (judgment, certificates), medical certificates or expert opinions on bodily injury, other documents confirming the damage.
3. Prepare a written request for compensation, indicating: your identity, criminal case details, description of the offense and damage, and attach the documents.
4. Submit the request to the relevant authority, e.g., the Court Administration.
5. Follow up on the authority’s decision and, if necessary, supplement the documents or explanations.
6. If the decision is positive, receive compensation. If rejected, consider taking legal action (e.g., civil or criminal liability, if applicable).