NCJ Number
209408
Date Published
July 2004
Length
10 pages
Annotation
This article outlines the possibilities of reparation to victims for damages sustained through criminal offenses in Germany.
Abstract
The first part of the paper outlines the possibilities for victims to receive reparation provided by the offender within criminal proceedings. During both investigation and court proceedings there is the possibility of terminating proceedings in the event reparation is made to the victim. This reparation can either be in the form of payment to compensate for the loss or in the form of payment of damages for pain and suffering incurred. Another way of receiving reparation is through restitution as a condition of probation, whereby the court links the suspension of a sentence of confinement to the payment of restitution to the victim. Victim-offender mediation is another criminal justice mechanism that can allow for the possibility of reparation to victims. Finally, ancillary proceedings in Germany allow a victim or their heirs to assert claims and apply for compensation. The second half of the paper outlines the possibilities for gaining reparation for criminal offenses from the state when the offender lacks the means with which to compensate the victim or their heirs. In 1976, the Act on Compensation for Victims of Violent Acts was entered into force to compensate victims of violence for the health and resulting financial consequences of the crime. Under this law, any victim that has suffered a detriment to their health because of an unlawful or violent act committed against them with intent are entitled to receive a benefit from the state; this law extends to family members of victims who have died as a result of the offense. Victim compensation funds and compensation foundations are also available to financially assist victims, but there is no legal entitlement to payment from one of these funds. The author closes with a brief discussion of a European Union directive on victim compensation. Appendix