Compensation for damage in criminal proceedings

1.12. compensation for damage caused by a criminal offense in criminal and civil proceedings;

Criminal Procedure Law: Articles 350–352 — establishes the victim’s right to claim compensation, the submission of an application, and the determination of the amount of compensation.

• Law on Compensation for Damage in Criminal Proceedings: establishes the procedure for the state to compensate for damage caused as a result of an investigation or court proceedings.

Compensation for damage in criminal proceedings

If you have suffered damage as a result of a criminal offense — for example, physical injury, moral injury, or financial loss — Latvian law provides for the possibility of receiving compensation within the framework of criminal proceedings.

1. Who can claim compensation

• Natural or legal persons who have suffered legal damage (moral injury, physical suffering or material loss).
• If the person has died, compensation may be claimed by their relatives.

The victim in criminal proceedings has the right to claim compensation from the person who committed the crime, regardless of whether the perpetrator has been identified or brought to justice.

1. How is the amount of compensation determined?

• The amount of compensation is assessed taking into account:
  • the severity of the bodily injury caused,
  • moral damage,
  • material losses.
• It is possible to claim full or partial compensation in court. If compensation is not awarded in full, the victim may claim additional compensation under civil law.

1. How to submit a claim for compensation

1. Compensation can be claimed during criminal proceedings.
2. Documents proving the damage caused must be attached to the claim.
3. If the damage was caused by the unjustified actions of state institutions or officials, the Law on Compensation for Damage in Criminal Proceedings and Administrative Offense Proceedings, which sets out the procedure and conditions for receiving compensation, also applies.

1. The role of the court in awarding compensation

• The court shall evaluate the evidence submitted and determine the amount of compensation.
• The decision may be taken either during criminal proceedings or, if necessary, in additional civil proceedings.
• Compensation is paid directly to the victim or his or her representative (e.g., in the case of a minor victim, to his or her legal representative).

Criminal Procedure Law: Articles 350-352 – determine the victim’s right to claim compensation, the submission of an application and the determination of the amount of compensation.

• Law on Compensation for Damage in Criminal Proceedings: sets out the procedure for the state to compensate for damage caused as a result of an investigation or court proceedings.

Compensation for damage in civil proceedings

Article 209 of the CPL – Right of action;

Article 29 of the CPL – Representation in civil proceedings;

Article 34 of the CPL – Jurisdiction of the court;

Articles 85 and 106 of the CPL – Submission of evidence, examination of witnesses;

Article 212 of the CPL – Types and extent of compensation for damage;

Article 320 of the CPL – Ancillary claims in criminal proceedings;

Article 523 of the CPL – Enforcement of judgments and receipt of compensation.

If you have suffered damage – for example, physical injury, moral injury or financial loss – you can claim compensation in civil proceedings by bringing an action against the person who caused the damage.

Who can claim compensation

• Natural or legal persons who have suffered legal damage (moral injury, physical suffering or material loss).
• As well as others whose rights or legitimate interests have been infringed as a result of the offense.

A claim may be filed by any person who has suffered damage or whose rights have been violated. (CPL Article 209)

How to file a claim

• The claim shall be filed with the court of the place of residence or legal activity. (CPL Article 34)
• The claim must specify:
  • the type and extent of the damage;
  • the claimant’s details;
  • the identification of the opposing party;
  • evidence of the damage (documents, witnesses, expert opinions).
• If the damage resulted from a criminal offense, a civil claim may be filed as an ancillary claim in criminal proceedings (Article 320 of the CPL) or separately in civil proceedings.

How the amount of compensation is determined

• The court assesses all evidence of the damage caused and determines compensation for pecuniary and non-pecuniary damage.
• Compensation may be in the form of money or other forms (e.g., compensation for losses, coverage of losses). (CPL Article 212)
• The court may also order compensation for moral damage for suffering caused by a criminal or unlawful act.

Participation in the proceedings and representation

• The claimant may be represented by a lawyer or legal representative (Article 29 of the CPL).
• Minors or vulnerable persons participate in the proceedings through their legal representative.
• The court provides the opportunity to submit additional evidence, examine witnesses and conduct expert examinations in order to assess the damage caused (Articles 85 and 106 of the CPL).

Role of the court

• The court assesses whether damage has occurred and what its extent is.
• It then issues a judgment on compensation for the damage.
• Compensation is paid by the responsible person or through the legal enforcement of their property (Article 523 of the CPL – writ of execution).