Victims have the right to claim compensation for the harm suffered due to a hate crime or other form of discrimination that is not criminalized. The compensation could be for physical or moral injuries and/or for damaged or lost property and for missed income.
If the victims have not requested compensation during the criminal proceedings they may lodge civil claim before the civil court, but the civil trial will be suspended until the deliverance of the final decision by the criminal court. If the offence is not criminalized the victims may lodge a civil claim under the Protection from Discrimination Act before the civil court. However, the victims may choose to pretend compensation under the Law on the Obligations and Contracts again – before the civil court.
The victims may ask to be compensated for the loss of both:
- damaged or lost property, missed income and expenses (for example - medical expenses)
example A damaged car, or money that the victim has spent for their treatment in a hospital.
- non-pecuniary damage
example The victim may seek compensation for - mental sufferings and physical pain.
Amount of compensation
In determining the amount of compensation for moral suffering, the court will consider:
- the gravity of the offense
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors
Read more about compensation for the crime.
Read more about the right to a fair trial in civil proceedings.