As a victim, you have the right to claim compensation for the harm you suffered due to a crime. This might be for physical or moral suffering and/or for damaged or lost property.
Request for compensation during criminal trial
According to Ukrainian law you can request compensation at any time during the pre-trial stage. At the beginning of the trial in the court of first instance, you can request compensation only up to the time that the court starts the examination of evidence.
You can ask to be compensated for:
- your damaged or lost property
example A damaged car or money that you have spent for your treatment in a hospital.
- moral suffering
- physical injury
example If you have been kidnapped and held in captivity for some days, you may request compensation for the moral suffering you experienced. In addition, if you were physically injured as a result of a crime, you may seek compensation for the physical suffering.
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will take into account:
- the gravity of the crime
- the injuries you suffered and their consequences
- the psychological trauma you may have suffered and other factors
Compensation from the State
According to Ukrainian law, you can request compensation from the State. However, the legislation does not currently define the procedure for exercising this right. In particular, the law should determine in which cases it is possible to receive compensation from the state and according to which procedure. The draft of such a law has been considered by the parliament for quite some time.
Civil claim
If you have not requested compensation during the criminal trial, you can lodge a civil claim for damages. This claim must be submitted to the civil court (court of general jurisdiction). You can file a civil claim for damages even if the criminal court has acquitted the accused.