I heard that a victim of an assault offense can apply for a compensation order. How do I apply?

A victim of an assault offense may apply for a compensation order in the criminal trial for damages caused by the crime.

An application for a compensation order has the same effect as filing a lawsuit in a civil action, which has the advantage of allowing the victim to receive financial compensation quickly.

There are two methods of application.

First, application by written document.

By the conclusion of arguments in the first or second instance criminal trial, you may submit a compensation order application and copies of the application matching the number of defendants to the court where the case is pending.

At this time, the victim may also attach evidentiary documents that can prove the damages caused by the crime.

Second, application orally in court.

If the victim appears as a witness, they may apply for a compensation order orally, in which case the purpose of the application is recorded in the trial record.

However, there are limitations on applying for a compensation order.

If the victim is already pursuing a damages claim lawsuit in a separate proceeding for the same crime, they cannot apply for a compensation order.

Also, the applicant may withdraw the application at any time before the compensation order becomes final.

In conclusion, a victim of an assault offense can apply for a compensation order either in writing or orally, and since it has the same effect as a civil lawsuit, it is an important system for recovering damages.

If necessary, it is advisable to thoroughly prepare evidentiary documents related to the assault offense before filing.