Compensation for victims of crime

Session

Law

Description

The responsibility of the state to compensate victims of crime is a responsibility recognized throughout the world. The importance of victim compensation is raised as an argument for the social well-being of citizens and therefore it is considered the responsibility of the state to provide security and guarantees for its citizens. If it fails to protect citizens from violent crimes, then the state must offer compensation to those who are affected by crimes that could not be prevented through state mechanisms. Victim compensation differs from restitution in that it refers to payments the government makes to the victim of a crime, rather than payments by the perpetrator to the victim. Most Western countries have established their victim compensation programs since the 1960s. For example, the United States of America (US) passed the first compensation legislation in 1965, when the state of California ratified its first program to provide financial assistance to crime victims. On the other hand, the European Union (EU) has several legal mechanisms and frameworks that guarantee the right of crime victims to compensation, which are also reviewed based on the "International Legal Framework common to all Western Balkan countries is that none of them have a functioning victim compensation program, with a set budget and an existing compensation commission. Legally, Kosovo stands as an exception to this rule. However, Kosovo also faces significant challenges in the implementation of legislation. Since 2015, Kosovo has established a program for compensation of crime victims.

Keywords:

Victim, maltreatment, compensation.

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-50-5

Location

UBT Kampus, Lipjan

Start Date

29-10-2022 12:00 AM

End Date

30-10-2022 12:00 AM

DOI

10.33107/ubt-ic.2022.256

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Oct 29th, 12:00 AM Oct 30th, 12:00 AM

Compensation for victims of crime

UBT Kampus, Lipjan

The responsibility of the state to compensate victims of crime is a responsibility recognized throughout the world. The importance of victim compensation is raised as an argument for the social well-being of citizens and therefore it is considered the responsibility of the state to provide security and guarantees for its citizens. If it fails to protect citizens from violent crimes, then the state must offer compensation to those who are affected by crimes that could not be prevented through state mechanisms. Victim compensation differs from restitution in that it refers to payments the government makes to the victim of a crime, rather than payments by the perpetrator to the victim. Most Western countries have established their victim compensation programs since the 1960s. For example, the United States of America (US) passed the first compensation legislation in 1965, when the state of California ratified its first program to provide financial assistance to crime victims. On the other hand, the European Union (EU) has several legal mechanisms and frameworks that guarantee the right of crime victims to compensation, which are also reviewed based on the "International Legal Framework common to all Western Balkan countries is that none of them have a functioning victim compensation program, with a set budget and an existing compensation commission. Legally, Kosovo stands as an exception to this rule. However, Kosovo also faces significant challenges in the implementation of legislation. Since 2015, Kosovo has established a program for compensation of crime victims.