In case the victim's expenses for the advocate’s assistance in criminal proceedings are not covered from the state budget, such expenses are considered material damage to a victim. If it is not possible to compensate the victim's expenses within the framework of the criminal procedure, the recovery of damages shall be determined in accordance with the procedure specified in the Civil Procedure Law, as explained in the decision adopted at the meeting of chairs of Senate Departments.

The Department of Civil Cases of the Senate had addressed the President of the Supreme Court with the question about the jurisdiction of a case. In the case under consideration, a claimant filed a lawsuit against a defendant for recovery of damages. The claimant suffered losses by paying for legal assistance provided by an advocate in criminal proceedings. The question of the Department of Civil Cases was whether such an application is subject to consideration in accordance with the procedure established by the Civil Procedure Law.

In case the victim's expenses for the advocate's assistance in criminal proceedings are not covered from the state budget, such expenses are considered material damage to a victim and not the procedural expenses stipulated in the Criminal Procedure Law. Material damage constitutes a part of the compensation to be determined for the victim. The right to request compensation and to receive a decision regarding this request in criminal proceedings guarantees the victim the opportunity to receive adequate legal satisfaction at the end of the proceedings. The legal norm aims at guaranteeing the victim the exercise of the right to compensation for damage in criminal proceedings, rather than narrowing the right to receive compensation exclusively in criminal proceedings.

The Criminal Procedure Law also defines other options for requesting and receiving compensation for damage. If the victim believes that the compensation does not cover all the damage caused, he/she has the right to request compensation in accordance with the procedures specified in the Civil Procedure Law. When determining the amount of compensation, the compensation received in criminal proceedings should be taken into account.

The meeting of the chairs of Departments concludes that the right granted to the victim, under the criminal procedure, to receive compensation for the damage caused by a criminal offense in criminal proceedings serves as a guarantee for the opportunity to exercise his/her fundamental rights without any additional burdens and as soon as possible. The victim's right to request and receive compensation for damage within the framework of the criminal procedure does not preclude the right to appropriate compensation in the case of an unjustified violation of rights to be implemented in accordance with other legal norms, including according to the civil procedure. Recovery of damages in accordance with the procedure established by the Civil Procedure Law is applicable in cases where a victim has no other options to protect his/her rights, including in cases where it is not possible to compensate the victim's expenses within the framework of the criminal procedure. Or otherwise, all effective means of legal protection guaranteed to the victim by the Constitution would disappear.

 

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211