NCJ Number
101056
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 9 Issue: 1 Dated: (Spring 1985) Pages: 29-39
Date Published
1985
Length
11 pages
Annotation
In the Federal Republic of Germany, as well as in most other Western European countries, the growing emphasis in victimology during the last 15 years has led to several legal schemes for victim compensation.
Abstract
The German Victim Compensation Act of 1976 provides compensation for violent acts within the framework of a social security system with periodic payments, while most of the other West-European countries grant lump sums from a special compensation fund. The German legislation, however, has given the victim a relatively weak position. The problems are aggravated because of the restrictive, and concerning the Federal states -- different, application of the law. Victim compensation as a restitutional sanction within the penal law doesn't play an important role. Furthermore, the financial situation of most offenders is so bad, that the civil claims of the victim for damages cannot be compensated. In Germany, however, remarkable efforts are made by the debt relief programs for offenders, which allow victim compensation on the one hand and offender rehabilitation on the other. This balancing of victim-offender interests seems very important for criminal policy in general. An extension of the legal provisions for victim compensation is considered necessary as is the wider application of restitutional sanctions whether instead of or combined with penal sanctions. Furthermore, help for victims should include social and psychological assistance programs, which are not yet developed in Europe to any great extent. (Publisher abstract)