Crime Victim Aid and Emergency Support Application Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Checking eligibility for support
2. 2Applying for emergency economic support
3. 3Submitting the aid application
4. 4Council investigation and deliberation
5. 5Payment decision and notice
6. 6Payment and sorting out the relationship with civil claims

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

Time required

Varies by support organization and case, so check with the office receiving the application (the district deliberation council must decide on aid promptly)

Cost

The crime victim protection laws and regulations do not set any fee for applying for aid

Procedure guide

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

1. 1

   Aid covers cases where someone has died or suffered disability or serious injury (severe harm) from a crime and cannot recover the loss because the offender is unknown or cannot afford to pay (Crime Victim Protection Act §16). Payment may be restricted if the offender is a relative (family member) or the victim provoked the crime. If there is only property damage, it is not covered by aid, so claim through a compensation order or a civil lawsuit.

2. 2

   Apart from aid, the state and local governments must provide support measures for crime victims, such as counseling, support for medical costs and housing support (§7(1)). Ask a crime victim support organization whether you can receive support such as medical or living expenses. When applying, submit a medical certificate, receipts and documents confirming the case was filed. Check the support items, limits and payment timing with the office receiving the application.

3. 3

   Submit an application for payment of aid to the Crime Victim Aid Deliberation Council of the Public Prosecution Office (formerly the District Prosecutors' Office) with jurisdiction over your address or residence, or over the place where the crime occurred. Attach a medical certificate or death certificate, a family relationship certificate, case confirmation documents and supporting materials showing that you have not received compensation. You cannot apply once 3 years from the day you learned of the harm, or 10 years from the day it occurred, have passed (§25(2)). If the decision is likely to be delayed, for example because the degree of disability has not yet been determined, you can also apply for emergency aid (§28).

4. 4

   The council looks into the facts of the harm, the relationship with the offender (payment is restricted for crimes between relatives), whether the victim was at fault, and whether compensation or insurance money has already been received (§19, §29). It may ask you to submit more materials or to come in and explain in person, and if you refuse an investigation or a medical examination without a justifiable reason, the application may be rejected (§29(2)).

5. 5

   The council decides whether to pay survivor aid, disability aid or serious injury aid and how much, and notifies you (§17). The amount is calculated by multiplying the victim's monthly wage, monthly actual income or average wage by a number of months set by law (survivor aid 24 to 48 months, disability and serious injury aid 2 to 48 months), and if the monthly wage, etc. exceeds 2 times the average wage, it is treated as 2 times (§22). If you find a decision of rejection (no payment), partial payment or dismissal hard to accept, apply for re-examination to the Crime Victim Aid Headquarters Deliberation Council, through the district deliberation council, within 2 weeks from the day the decision (original) was served on you (§27(1)).

6. 6

   Once a decision is made, the aid is paid. If you receive damages from the offender, aid is not paid to that extent, and for aid already paid, the state claims it from the offender in your place (right of reimbursement) (§21). Receiving money from a compensation order or civil lawsuit on top of the aid for the same loss is restricted. Because aid is calculated using the number of months set by law (§22), if the offender has property, pursue a civil damages claim as well.

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I apply for crime victim aid, and does it cost anything?

You apply to the district deliberation council with jurisdiction over your address or residence, or over the place where the crime occurred. District deliberation councils are set up in the district Public Prosecution Offices.The crime victim protection laws and regulations do not set any application fee. Check the application form and guidance with the relevant district Public Prosecution Office.

QHow much aid can I receive, and what do I need to prepare?

Survivor aid, disability aid and serious injury aid are calculated by multiplying the victim's monthly wage, monthly actual income or average wage by a number of months set by law. For survivor aid it is 24 to 48 months, and for disability and serious injury aid it is 2 to 48 months. If the monthly wage, etc. exceeds 2 times the average wage, it is calculated as 2 times.With the application, submit a medical certificate or death certificate and a family relationship certificate. Also submit case confirmation documents from the investigative agency and materials showing that you have not received compensation.

QCan I receive aid if the offender is a family member or has not been caught yet?

You can apply even if the offender is unknown or has not yet been caught. However, payment is restricted if the offender is a family member.If the offender is a spouse (including a de facto spouse), a lineal blood relative (parent, child, etc.), a relative within the 4th degree or a relative living together, in principle no aid is paid. If the offender is another relative, part of the aid is not paid.If the victim provoked the crime, all or part of the aid is also not paid, depending on the degree. Even so, aid may be paid if there are special circumstances, such as no risk that the aid would effectively go to the offender.

QWhere can I get emergency support for medical or living expenses?

Apart from crime victim aid, the state and local governments must provide support measures for crime victims, such as counseling, support for medical costs and housing support.Ask a crime victim support organization what support you can receive and when. Check this first, right after the harm occurs.

QWhat happens if I miss the deadline? From when is the deadline counted?

You cannot apply once 3 years from the day you learned of the harm, or 10 years from the day it occurred, have passed, whichever ends first. 'The day you learned' means the day you learned that harm from a crime covered by aid occurred. So apply within the deadline even if treatment takes a long time.

QIf I receive crime victim aid, can I no longer get damages from the offender?

No. You can pursue a civil damages claim or a compensation order at the same time.However, aid is not paid to the extent of the amount received from the offender. For aid already paid, the state claims that amount from the offender in your place. If you received compensation from the offender before receiving the aid, you must report it to the council in writing.