The victims of domestic violence are entitled to compensation from the perpetrator for the damages and moral suffering caused.
The claim for compensation – damages and/or moral compensation – against the perpetrator may be submitted in two ways: during criminal proceedings and as a separate civil claim.
Compensation during criminal proceedings
A victim may request compensation during criminal proceedings in the form of an application to the court. The amount of damages must be supported by evidence, for example, receipts for hospitalization, other medical care, medication and others. The amount of the moral compensation claimed needs to be indicated in the application.
The decision on the amount of compensation awarded is made by the court simultaneously with the decision on the criminal responsibility of the perpetrator. If the court denies the claim fully or in part, the court’s decision may be appealed in the regional court, and afterwards in the Supreme Court.
Compensation as a separate civil claim
A victim may submit a claim for compensation as a separate claim in civil court. To bring a claim to the civil court, it is not necessary for criminal proceedings to be initiated. It means that if the victim does not want to commence criminal proceedings or if the act of domestic violence does not qualify as a crime under the Criminal Law, the victim of domestic violence still has the right to receive compensation for the damages and moral suffering caused by the perpetrator.
The claim for compensation should be brought in separate proceeding under the Obligations and Contracts Act. The claim in civil court may also be brought, if such claim has been denied as inadmissible during criminal proceedings, in which case the victim is exempt from paying the state fee for submitting the claim.
Compensation from the State
If the victims of domestic violence are also victims of one of the following crimes: intentional murder; attempted murder; intentional grievous bodily harm; sexual abuse; rape, they have rights under the Assistance and Financial Compensation of Crime Victims Act. The bodies of the Ministry of Interior, investigators and victim support organisations are obliged immediately to inform these victims of:
- their rights to access to medical care, the organisations to which they can refer for free psychological help and support, as well as of any kind of specialised help they are entitled to receive
- their right to legal aid, the services to which they can turn in order to exercise that right, and the terms and procedures for obtaining legal aid free of charge
- the services to which a crime can be reported, the procedures following such a report, and the types of action which they can take under the applicable terms and procedures
- the bodies to which a signal of infringement of their rights by the competent authority acting in the criminal proceedings may be sent
- their rights in the criminal proceedings and the options for their participation in it
- the services to which they can turn for protection for themselves and their relatives, and the terms and procedures for obtaining such protection
- the services to which they can turn for financial compensation from the State, and the terms and procedures for obtaining such compensation
- possible ways of protecting their rights and interests if they are foreign national and they are victims of crime in the Republic of Bulgaria
- possible ways of protecting their rights and interests if they are victim of crime in another country, and the services to which they can turn in such cases
Financial compensation under the Assistance and Financial Compensation to Crime Victims Act (AFCCA) may be provided for the crimes indicated above. Victims who have suffered property damages may receive financial compensation under the conditions and in accordance with the procedure established by the Assistance and Financial Compensation to Crime Victims Act. Where a victim has died as a result of a crime, the victim's rights to financial compensation are transferred to the victim's heirs or the person with whom the victim has been in actual cohabitation.
The crime victims acquire their right to seek financial compensation after the completion of the criminal proceedings with an effective instrument of the authorities of the judiciary:
- a guilty verdict, including in cases tried in the defendant's absence
- the agreement on settling the case in pre-trial proceedings
- a prosecutorial or court instrument by which criminal proceedings are discontinued, except in cases where the discontinuation is in pursuance of Article 24, Paragraph 1, Items 1, 7, 8a and 9 of the Criminal Procedure Code
- a prosecutorial or court instrument by which criminal proceedings are dismissed on the grounds of failure to identify the perpetrator of the crime
The application for financial compensation should be submitted to the National Council within one year of the entry into force of the relevant instrument of the authorities of the judiciary. The application may also be submitted through a victim support organisation or through the regional governor at the current address of the victim. The application for financial compensation shall be considered within one month of the date of receipt thereof. If necessary, this period may be extended up to three months.
The financial compensation shall cover the provision of an amount by the State at the maximum level for all eligible persons not exceeding BGN 10,000. Where the financial compensation is granted for the maintenance of persons under the age of 18, who are the heirs of a deceased person, the amount per person shall not exceed BGN 10,000.
Financial compensation covers, jointly or separately, pecuniary damages directly caused by a crime and consisting in:
- medical expenses, except for expenses covered by the budget of the National Health Insurance Fund
- lost income
- legal fees and litigation costs
- lost support to dependents
- funeral expenses
- other pecuniary damages
Compensation & Human rights
Compensation to victims is one of the components of proper redress in cases where they have suffered from physical or emotional violence. Therefore, the State is responsible, firstly, to ensure that the legal framework provides for an opportunity to request such compensation, and secondly, to ensure that the claims for compensation are considered by the pertinent state authorities according to law.
The failure to ensure the legal regulations providing for compensation or the failure by the pertinent state authorities to award compensation according to the appropriate legal regulations may result in a violation of the right to an effective remedy.