Compensation Order Application Procedure

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1. 1Checking the eligible crime and the case
2. 2Organizing evidence of the damage amount
3. 3Submitting the compensation order application
4. 4Hearing
5. 5Decision on the compensation order
6. 6Finality and compulsory execution

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Decided together with the criminal trial (the length depends on the progress of the criminal trial)

Cost

No stamp is attached to the application. Check other costs with the court where the trial is under way

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   First, check whether your case is a crime eligible for a compensation order (bodily injury, assault causing injury, negligent homicide or injury, theft, robbery, fraud, extortion, embezzlement, breach of trust, property damage, etc.; Act on Special Cases concerning Expedition of Legal Proceedings §25). Then find out the court where the offender was indicted (sent to trial) and the case number, through the investigative agency or the victim notification system. Even if it is not an eligible crime, you can apply if you and the offender have agreed on the amount of compensation.

2. 2

   Collect medical receipts, repair estimates, transfer records of the money taken and so on, and organize direct property damage, medical costs and consolation money item by item. If the amount of damage is not specified or the scope of liability is not clear, no compensation order is made (§25(3)), so focus on items with solid proof.

3. 3

   Submit the application for a compensation order (a decision in the criminal trial that also orders the offender to compensate for the damage) to the trial panel before the closing of arguments at the 1st or 2nd instance of the offender's criminal trial (§26). The closing of arguments means the court finishes hearing the case. No stamp (court fee) is attached to the application, and on a trial date (trial day) when you appear as a witness, you can also apply orally. Apply in advance for notice of the trial schedule so that you do not miss the trial dates.

4. 4

   As the trial panel conducts the criminal trial, it also examines the scope of compensation. The victim can attend the trial date, state the amount of damage and submit proof. If the defendant's (offender's) side proposes a settlement, you can withdraw the application after confirming that the money has been paid.

5. 5

   When the court pronounces a guilty verdict, it orders compensation in the operative part (conclusion) of the judgment (§31). If the amount of damage is not clear or there is a risk of delaying the criminal trial, the court dismisses the application, and the victim cannot challenge a decision that dismisses it or grants only part of it (§32(4)). However, even if it is dismissed, damage that was not recognized can be claimed in a civil lawsuit (§34(2)). The defendant can file an immediate appeal against the compensation order within 7 days (§33).

6. 6

   Once the compensation order becomes final, it has the same effect for compulsory execution as an enforceable original of a civil judgment (§34(1)). If the offender does not pay, you use the judgment containing the compensation order to carry out compulsory execution (seizure, etc.) against wages, deposits or real estate. The amount granted (recognized) cannot be claimed again in a civil lawsuit, and any remaining damage not included in the compensation order is claimed separately in a civil lawsuit.

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I get the compensation order application and where do I file it? Does it cost anything?

You file it with the court (trial panel) where the offender's criminal trial is under way. No stamp is attached to the application. Check with that court about the form and any other costs.On a trial day when you appear as a witness, you can also apply orally. You can find the case number on the trial schedule notice or from the investigative agency.

QWhat kinds of damage can I receive through a compensation order?

For crimes set by law, you can claim direct damage and consolation money. These include bodily injury, assault causing injury, theft, fraud, embezzlement, sexual violence and so on. Direct damage means things like medical costs, repair costs and money taken from you.For other crimes, you can apply only if you and the offender have agreed on the amount of compensation. Damage whose amount is not specified or for which the scope of liability is not clear cannot be awarded by a compensation order.

QHow do I know when the closing of arguments will be?

If the victim applies, the prosecutor notifies the victim of the date, time and place of the trial and of the outcome. Check with the trial panel about when the closing of arguments (the end of the court's hearing of the case) will be. Even if you missed it at the 1st instance, if an appeal trial (2nd instance) is held, you can apply until the closing of arguments at the 2nd instance.

QWhat if my compensation order application is dismissed or only partly granted?

The victim cannot challenge that decision. However, for damage not granted in the compensation order, you can file a lawsuit for damages in civil court.If the amount is small, you can use a payment order or a small claims case. In that case, you use the criminal judgment and the investigation records as evidence.

QIf the offender has no money, is a compensation order useless?

Getting a compensation order does not mean you are paid right away. You have to carry out compulsory execution against the offender's property to get the money.If you do not know the offender's property, apply to the court for a property disclosure or property inquiry (procedures to find property through the court). If the harm is death, disability or serious bodily injury, you can apply for crime victim aid for the part you could not get from the offender.

QCan I apply on my own without a lawyer?

Yes, you can. Write the items and amounts of damage in the application and attach supporting documents. The trial panel decides on it together with the criminal trial.However, if the scope of liability is not clear, no compensation order is made. So it is safer to get a lawyer's help in organizing the materials.