State compensation for victims of crime will be decided by a politically-appointed officer, according to a new legal notice published by Home Affairs Minister Tonio Borg. The legislation passed earlier this summer gives the home affairs minister the power to appoint a claims officer and an assistant to decide whether victims should be compensated or not and how much. The officer will be able to dish out up to Lm10,000 in compensation to victims, but despite the sensitive position, he will be accountable only to the minister appointing him, unlike other European countries like Britain and Sweden that have public authorities supervising and enforcing victim compensation schemes. The officer will also have the power to deny compensation upon his moral judgement of the victims’ character – a highly debatable discretionary power that will also be left out of reach of scrutiny. In fact, the claims officer will be able to deny compensation when he is not satisfied about the “victim’s character and way of life”. An analysis of victim compensation laws abroad reveals that Tonio Borg has not re-invented the wheel and is following in the footsteps of other European countries. But the introduction of such an innovative and controversial piece of legislation through a sheer legal notice could raise a number of questions. An amendment to the criminal code passed in 2006 enables the Minister of Justice and Home Affairs to simply enact regulations to establish a scheme for the compensation of victims of crime without going through Parliament. And unlike most other European legislation the Maltese law covers all sorts of “criminal injuries” which are defined as “any damage suffered as a consequence of a criminal act.”
In Germany and Belgium compensation is limited to victims of violent crimes even if other countries like France also compensate victims of theft and blackmail. The Maltese law also transposes an EU directive calling on member states to draw up minimum standards on the protection of the victims of crime, in particular on crime victims’ access to justice and their rights to compensation for damages. Yet, no discussion has taken place in parliament on how this new system will be enforced. In a country were political patronage is endemic such a system could be prone to abuse.

How Europe compensates its victims

Belgium
The possibility of state compensation for crime victims is limited to individuals who have suffered a deliberate act of violence. The close relatives and individuals who were living in a lasting family relationship with a person whose death is the direct result of an act of violence may also obtain assistance. If the offender is known, assistance may only be granted after a final decision has been taken on public action. Where the offender remains unknown, assistance may only be granted after the case has been closed. Victims are eligible for compensation for mental damage, medical and hospitalisation expenses, temporary or permanent disability, loss or reduction of earnings resulting from temporary or permanent inability to work and even cosmetic damage. The minimum amount that may be granted is EUR500. The maximum amount is EUR62,000.

Germany
Compensation can be granted in accordance with the German Act relating to the compensation of victims of crimes of violence. Compensation is reserved for victims of violence. A claim for compensation also arises as a result of sexual abuse. Compensation is not given for criminal acts which do not constitute a violent attack on a person’s physical integrity, such as burglary or fraud. Physical or mental harm as a result of a violent attack is a prerequisite for any claim for compensation. Monthly pension payments are paid only when there is permanent damage to health. No compensation is given for purely financial losses. A victim’s spouse, children and parents are entitled to compensation. Divorced spouses and grandparents can receive compensation if the victim has or would have supported them. Victims of crimes of violence receive all health treatment costs necessary to restore or improve their health , payments to cover living expenses and long-term pension payments to compensate for the physical injuries and economic losses. At the lowest level, the current monthly payment is €118. There are no upper limits in respect of monthly or total compensation payments. Compensation can be refused if the victim has been jointly responsible for the injury.

Spain
Since 1995 state aid and assistance was made available for victims of violent crime and sexual offences. Previously compensation was only offered for victims of terror attacks. It is stipulated that the crimes upon which compensation is payable must result in death, serious bodily injury or serious damage to physical or mental health. Before compensation is granted a final court decision terminating the criminal proceedings must be taken.

Italy
State compensation only exists for victims of terrorism organized crime, usury and trafficking in human beings. No state compensation is offered to victims of other crimes.

United Kingdom
The state has introduced a statutory scheme which allows compensation to be paid to anyone who has been physically or mentally injured, as a result of a violent crime. The Criminal Injuries Compensation Authority (CICA) administers this scheme. To qualify for compensation, an applicant must have been the victim of a crime of violence. There is no legal definition for this term but it will usually involve a physical attack on the person, a wounding or a sexual offence. In some circumstances, the threat of violence may be treated as a violent crime. In order to be eligible, the victim must have sustained physical or psychological injuries as a result of the incident. These physical or psychological injuries must be sufficiently serious to warrant the minimum award. If the victim has died as a result of a criminal injury, a dependant or relative of the victim may be eligible for a fatal injury award. The definition of relative also covers unmarried but long term partner (of either sex). The Criminal Injuries Compensation Scheme lists over 400 injury descriptions and the standard amount of compensation the CICA can pay for pain and suffering the victim has experienced. In some cases, additional compensation for loss of earnings and special expenses may be payable. Compensation awards range from the minimum award of GBP1,000 to a maximum of GBP500,000.

France
An Act passed on 1990 set up an independent system for compensating victims based on the notion of “national solidarity.” It imposes the principle of full compensation for injuries resulting from attacks on the person. The claimant must refer the matter to the Commission on Compensation for Victims of Crime (CIVI) at the Court of First Instance and the amount allocated is paid to him by the FGTI (Guarantee Fund for Victims of Terrorism and other Crimes), which is party to the procedure and may have recourse against the perpetrator of the crime. Full compensation for loss and injury suffered is limited to victims who have suffered serious attacks on their person or violent sexual assault. The victims of less serious attacks on their person and certain attacks on property may find themselves receiving solidarity assistance, the total amount of which is limited. Less serious attacks on the person and attacks on property are covered by other laws. Thus, the victims of theft, fraud, swindling or blackmail, as well as the victims of attacks on the person resulting in total unfitness for work for less than one moth may receive compensation under certain conditions. They must prove that there is no possibility of obtaining adequate and effective compensation for their losses by other means like a private insurance. Compensation can be granted before the termination of court cases involving the victim. The Commission on Compensation for Victims of Crime was specially set up to prevent victims of attacks having to wait for the results of criminal proceedings. In order to determine the amount to be awarded to the victim, the Commission on Compensation for Victims of Crime calculates the overall loss or injury suffered by the claimant in accordance with the rules of the general law covering liability.

Sweden
It is possible to get so-called criminal compensation from the Government. Claims for such compensation are determined by the Crime Victim Compensation and Support Authority. Compensation is paid for personal injuries as the result of the death affecting someone particularly close to the deceased. Compensation for the loss of maintenance is payable to survivors who, according to the law, are entitled to maintenance from the deceased or dependent on him in some other way for their support if maintenance was being paid at the time of death or if it can be assumed that maintenance would have been paid shortly after. Criminal injury compensation is paid for personal injuries. Both physical and mental defective conditions are counted as personal injuries. Damage to clothes, spectacles and similar objects that the injured party was wearing at the time of the injury are also compensated as personal injuries. Compensation for material damage and pure economic loss is only paid out to a limited extent to cases where the injured party’s ability to support themselves has been seriously jeopardized through the damage or if compensation otherwise stands out as particularly important. One is eligible for compensation for medical costs, loss of income, physical and mental suffering and disability. Compensation for loss of income is equivalent to the difference between the income that the injured party would have been able to earn if he had not been injured, and the income that, despite the injury, he should have achieved or that he could be expected to achieve from work that matches his strengths and skills.