[ S.L.9.12 CRIMINAL INJURIES COMPENSATION 1 SUBSIDIARY LEGISLATION 9.12 CRIMINAL INJURIES COMPENSATION SCHEME REGULATIONS 29th May, 2012 LEGAL NOTICE 186 of 2012, as amended by Act XVIII of 2013; Legal Notice 139 of 2016, Act XIII of 2018 and by Legal Notice 477 of 2021. Part I INTRODUCTORY 1.
(1)The title of these regulations is the Criminal Injuries Compensation Scheme Regulations. Citation and purpose.
(2)The purpose of these regulations is to implement the provisions of Council Directive 2004/80/EC relating to compensation to crime victims.
- In these regulations, unless the context otherwise requires: "Assisting Officer" means a person appointed under regulation 3, who shall be the assisting authority; Interpretation. Amended by: XVIII. 2013.7; XIII.2018.
- "award" means an award of compensation made in accordance with the provisions of the Scheme referred to in regulation 9; "Claims Officer" means the Attorney General; "compensation" means compensation payable under an award; "criminal injuries" means any damage suffered as a consequence of a violent intentional crime as defined under these regulations; "dependants" means the persons maintained by the deceased and the persons who were entitled by law to require to be maintained by the deceased; "Minister" means the Minister responsible for Justice; "Scheme" means the scheme under which persons suffering criminal injuries may be eligible for compensation under the provisions of these regulations; "violent intentional crime" means an act which constitutes a crime referred to in articles 197, 198, 204, 204A, 204B, 204C, 204D, 205, 207 of the Criminal Code; the crimes referred to in articles 211 and 216 of the Criminal Code, when committed by any of the means referred to in articles 217, 218, 312, 314A
(2), 314B
(2)of the Criminal Code; the crimes referred to in articles 248A to 248D, both inclusive, of the Criminal Code, as well as the crimes referred to in articles 251BA, 251E, 314CB
(1)and
(2)of the said Code; and the offences mentioned in articles 316 and 317 of the said Code where, as a result thereof, a person perishes or suffers grievous bodily harm.
- The Assisting Officer shall be appointed by the Minister on such terms and conditions as he considers appropriate and shall receive applications and assist in their evaluation in accordance Cap.
- Appointment of Assisting Officer. 2 [ S.L.9.12 CRIMINAL INJURIES COMPENSATION with these regulations. Application for compensation. 4.
(1)Applications for compensation under these regulations shall be submitted in the form as specified in the Schedule.
(2)Applications shall be accompanied by a police report.
(3)Applications shall be submitted by not later than one year from when the violent intentional crime was committed.
(4)An application for compensation, together with the necessary documentation, shall be submitted to the Assisting Officer who shall then forward it to the Claims Officer who shall determine awards and payments of compensation.
(5)The Claims Officer may, at his discretion, request any other additional evidence with the purpose, amongst other things, to ensure that compensation has not been awarded or will not be awarded from any other source including, if need be, an affidavit by the applicant.
(6)The Claims Officer may also, at his discretion, call the applicant to be medically examined or re-examined for the purposes of these regulations. Processing of applications.
- The Claim Officer’s staff will process applications in the first instance and may seek all relevant information as to the circumstances of the criminal injury either from the applicant or otherwise. Part II ENTITLEMENT TO COMPENSATION Offences covered by the Scheme.
- The Scheme shall apply only with regards to criminal injuries, as defined, subject to the provisions of these regulations. Qualification for compensation.
- To qualify for compensation, applicants are required to indicate to the Claims Officer that the offence giving rise to the criminal injury sustained has been the subject of criminal proceedings or that it was reported to the Police without delay. Eligibility to apply for compensation.
- Compensation may be paid in accordance with the Scheme: (a) to an applicant who has sustained a criminal injury on or after 1st January 2006; and (b) to an applicant who is a qualifying claimant for the purposes of regulation 9
(2)(d) with regards to a victim of a criminal injury sustained on or after 1st January 2006 who has since died due to the same criminal injury sustained. Eligibility to claim compensation. 9.
(1)The persons entitled to compensation are: (
- a)citizens of Malta; and (
- b)citizens of one of the Member States of the European Union; and (
- c)persons who are habitual residents of Malta.
(2)The Claims Officer shall consider claims for compensation made by or on behalf of: CRIMINAL INJURIES COMPENSATION [ S.L.9.12 3 (
- a)the person who was the victim of the crime; (
- b)any person who becomes responsible for the maintenance of the victim and who has suffered a direct, pecuniary loss as a result of the criminal injury sustained by the victim; (
- c)any dependant of the victim where the victim has died as a result of the criminal injuries sustained or, if he has no dependant, any person who incurred expenses as a result of his death; (
- d)any claimant as provided for in articles 1045, 1046, 1047 and 1048 of the Civil Code, where the victim has died since sustaining a criminal injury. 10. The Claims Officer may withhold or reduce an award where he considers that: (
- a)the applicant failed to take, without delay, all reasonable steps to inform the police, or other body or person considered by the Claims Officer to be appropriate for the purpose, of the circumstances giving rise to the crime; or Cap. 16. Instances where an award may be withheld or reduced. (
- b)the applicant failed to co-operate with the police or other authority in attempting to bring the assailant to justice; or (
- c)the applicant has failed to give all reasonable assistance to the Claims Officer or other body or person in connection with the application; or (
- d)the conduct of the applicant before, during or after the incident giving rise to the application makes it inappropriate that a full award or any award at all be made; or (
- e)the applicant’s character as shown by his criminal convictions or by evidence available to the Claims Officer makes it inappropriate that a full award or any award at all be made; or (
- f)the victim was jointly or partially responsible for the criminal injury sustained; or (
- g)the conduct of the victim, his character or his way of life, makes it appropriate to do so. 11. No compensation will be paid under the Scheme where: (
- a)the criminal injury was sustained before 1st January 2006; (
- b)the Claims Officer is of the opinion that the offender is not indigent or unless proof has been produced that legal action to claim compensation has proved to be fruitless; (
- c)the applicant has not, in the opinion of the Claims Officer, provided all reasonable assistance and information required for the purposes of these No compensation. 4 [ S.L.9.12 CRIMINAL INJURIES COMPENSATION regulations; (
- d)the applicant was responsible for the criminal injury sustained because of provocation or any other action of his own; (
- e)the Claims Officer is satisfied that the conduct of the victim, his character or his way of life, make it inappropriate that he should be granted an award. Compensation established in accordance with article 532A of the Criminal Code. Cap. 9. 12. Where the Criminal Court, by virtue of article 532A of the Criminal Code, has already established the compensation due to the victim or victims of the criminal injury, the Claims Officer will not assess that claim but will proceed to pay compensation subject to the provisions of these regulations. Part III PROCEDURES AND PAYMENT Procedures. 13. The Claims Officer shall be free to draw up and publish a n y in s t r u c t i o n s t h a t h e co n s i d e r s n e c e s s a r y r e ga r d i n g t he procedure for administering these regulations: Provided that these instructions will be consistent with the provisions of these regulations and with the general intention that t h e a d m i n i s t r a t i o n o f t h e s e r e g u l a t i o n s a n d i n p a r t i c u l a r, proceedings before the Claims Officer, should be informal. Legal representation. Hearings to be held in private. 14. An applicant may be accompanied by his legal adviser or another person, at his own cost. 15. Hearings will be held in private. Standard of proof. 16. The standard of proof, which the Claims Officer will apply for the determination of any claim, shall be on a balance of probabilities. Method of payment. 17. Compensation will be by way of a lump sum payment, rather than a periodical pension: Provided that it will be open to the Claims Officer to make an interim award and to postpone making a final award in a case in which a final medical assessment of the criminal injury is delayed. Payments. 18. No payment to any claimant shall exceed the sum of twenty-three thousand and three hundred euro (€23,300) and such sum shall not be exceeded where there is more than one claimant claiming by virtue of the same crime. Subrogation. 19. The Government shall be subrogated into the rights of the victims of the crime against the perpetrator, whether known or unknown. Civil damages. 20. Payments received by the claimants shall be considered to be part of the civil damages sustained. Administration of money awarded. 21. The Claims Officer shall be entitled to make any arrangements that he considers desirable for the administration of money he awards as compensation. CRIMINAL INJURIES COMPENSATION [ S.L.9.12 22. Any claim pending under the the Criminal Injuries Compensation Regulations, 2007, which are hereby revoked, shall continue to be heard and treated under these regulations, and the provisions of these regulations shall, mutatis mutandis, apply in respect of such pending claim. 5 Saving. L.N. 190 of 2007. 6 [ S.L.9.12 CRIMINAL INJURIES COMPENSATION SCHEDULE Amended by: L.N. 139 of 2016; L.N. 477 of 2021. APPLICATION FOR CRIMINAL INJURIES COMPENSATION * Part I Personal details Name and surname Address ID number Telephone nos. Fixed line Mobile E-mail address In case of an applicant as a qualifying claimant: Name and surname of deceased victim Date of victim’s death _____/____________/_______ Nature and degree of dependency on the deceased victim Part II Information to be submitted A. Date of commission of crime B. _____/____________/_______ Place of commission of crime C. Brief description of nature and consequences of crime D. Identity of assailant where known E. Steps taken to inform the police, or other body or person of the circumstances giving rise to the crime: F. Co-operation with the police or other authority in attempting to bring the assailant to justice: [ S.L.9.12 CRIMINAL INJURIES COMPENSATION G. 7 If assailant has been brought to justice, state when and before which Criminal Court: H. Has the Criminal Court already established the compensation due to the victim/s of the crime? If so, state the date of the order. I. Has any legal action to claim compensation been taken? If so, state what type, when taken and, if proceedings have been terminated, the final outcome thereof: J. Give a sufficient description of the nature (physical, psychological, proprietary, mental damage etc.) and extent (e.g. partial or permanent disability, medical and hospitalization expenses, loss or reduction of earnings resulting from temporary or permanent inability to work) of the criminal injuries suffered, indicating the pecuniary amount of compensation hereby claimed: Part III Certificates and documents to be attached hereto 1. Birth certificate of applicant. 2. Death Certificate of victim, where applicable. 3. Applicant's Police Conduct Certificate. 4. Police Report relating to the crime in question. 5. Affidavit by applicant confirming that no compensation has been awarded in connection with the crime mentioned in this application. 6. Any other documentary evidence in support of the claim hereby made, particularly medical certificates with regard to paragraph J under Part II above. 7. Any other relevant certificates or documents. Signature of applicant Tick the appropriate manner in which you post/e-mail: wish the reply to be forwarded to you: Date: _____/____________/_______ or via SMS: The personal information provided in this application form shall be processed in accordance with the provisions of the Data Protection Act (Cap. 586. of the Laws of Malta) and solely for the purpose(
- s)enshrined under the Criminal Injuries Compensation Scheme Regulations, 2012 and any other ancillary matter. Your personal information will not be disclosed to third parties without your express consent unless this is strictly required by law. You have the right to request access to your personal data as well as the right to rectify and where applicable, erase any inaccurate, incomplete or immaterial personal data processed by the Assisting Officer and/or the Claims Officer. * This application is to be forwarded, duly filled in and with the necessary accompanying documents, to the Assisting Officer, Department of Justice, 14, 16, 18, Market Street, Floriana FRN 1082. 8 [ S.L.9.12 CRIMINAL INJURIES COMPENSATION I do hereby authorise the Assisting Officer and/or the Claims Officer to process the data contained in this form for the above-stated purpose(s).