Ministero della Giustizia

Update: 31st January 2021

Table on the compensation for victims of violent intentional crimes

Right to compensation

The right to compensation (paid by the State) shall be recognised to victims of intentional crimes committed by using violence against a person and in any case of the offence laid down in Article 603-bis of the Criminal Code, except for those offences covered by Articles 581 and 582, unless the aggravating circumstances under Article 583 of the Criminal Code apply.

Compensation for murder, sexual violence, serious bodily injury

Compensation for murder, sexual violence or serious bodily injury under Article 583, second paragraph of the Criminal Code, as well as the offence of deformation of appearance through permanent injuries to someone's face under Article 583-quinquies of the Criminal Code, shall be paid to victims or those entitled thereto as set out in paragraph 2-bis of Article 11 of Law 7 July 2016 n. 122 in the amount established by the relevant decree as per paragraph 3 of the same article.

Compensation for other crimes

With respect to other crimes, compensation shall be paid to refund medical and care costs.

People entitled to compensation

In case of death of the victim as a result of a crime, compensation shall be paid to his/her surviving spouse and children; if there are no spouse and children, compensation shall be recognised to his/her parents and, in lack thereof, his/her live-in brothers and sisters who were dependent on the victim at the time of commission of the crime. A spouse shall be equivalent to a party to a civil union between two people of the same sex. In lack of a spouse, a live-in partner shall be equivalent thereto if he/she had children from the victim or lived together with the victim for three years before the day of commission of the crime. To establish that a person has been a live-in partner of the victim or how long their cohabitation has lasted, the provisions of Article 1, paragraphs 36 and 37 of Law of 20 May 2016 no. 76 shall apply. In case there is more than one person entitled to compensation, this shall be divided according to the quotas laid down in the provisions of Book II, Title II of the Civil Code.

Amount of compensation

This shall be determined by decree of the Ministry of the Interior and the Ministry of Justice in agreement with the Ministry of Economics and Finance, and major relief is to be ensured for the victims of sexual violence and murder, in particular for the children of the victim in case of murder committed by a spouse, including a separated or divorced spouse, or a person who is or was involved in an emotional relationship with the injured person.
(see Ministry of the Interior, Ministerial Decree 22 November 2019 Fixing the amounts of compensation for the victims of intentional violent offences published on the Official Journal of 23 January 2020 n. 18).

Conditions to have access to compensation
(Article 12, Law 122/2016). Compensation shall be paid under the following conditions:

b) the victim has already unsuccessfully brought an action against the perpetrator of the crime to claim damages from those who are under this obligation by virtue of a final judgment of conviction or a judgment of conviction amounting to an interim compensation; such a condition shall not apply when the perpetrator is still unknown or he/she has requested and obtained to be granted legal aid borne by the State in the criminal or civil proceedings where he/she has been held liable or when the perpetrator has committed the offence of murder to the detriment of his/her spouse even separated or divorced under the law, the other part of a civil partnership, even if the civil union has ceased, or the person with whom he or she has been bound by a sentimental relationship or long-term cohabitation;
c) the victim has not participated, even unintentionally, in the commission of the crime or crimes related thereto under Article 12 of the Code of Criminal Procedure;
d) the victim has not been convicted by a final judgment or, at the time of filing the request, has not been subjected to criminal proceedings for one of the offences covered by Article 407, paragraph 2, letter a) of the Code of Criminal Procedure and for offences committed in breach of the rules to fight against income tax and VAT evasion;
e) the victim, in this capacity and as a direct and immediate result of a crime, has not received sums of money in the amount, or exceeding the amount, due pursuant to Article 11 from public or private entities;
e-bis) if the victim, in this capacity and as a direct and immediate result of a crime, has already received sums of money in a lower amount than the amount due pursuant to Article 11 from public or private entities, he/she shall only be paid the balance thereof.
1-bis. In case of death of the victim as a result of a crime, the conditions laid down in paragraph 1 shall be satisfied, apart from the victim, also with respect to the those entitled to compensation under Article 11, paragraph 2-bis.

Request for compensation

1. A request for compensation shall be submitted by the person concerned, or those entitled thereto in case of death of the victim of a crime, either personally or through a representative with special power of attorney, and it shall be accompanied by the following documents whose lack shall be a ground of inadmissibility:
   1. a copy of the judgment of conviction for one of the offences under Article 11 or a final decision concluding the trial because the perpetrator of the crime is still unknown;
   2. documents certifying that an action has already unsuccessfully been brought against the perpetrator of the crime to claim damages, unless he/she is still unknown or he/she has requested and obtained to be granted legal aid borne by the State in the criminal or civil proceedings where he/she has been held liable;
   3. a statement replacing an affidavit under Article 46 of the consolidated text covered by Presidential Decree of 28 December 2000, no. 445, on the lack of impediments as per Article 12, paragraph 1, letters d) and e), and on the capacity of those entitled to compensation under Article 11, paragraph 2-bis;
   4. medical records showing the costs incurred for treatment or a certificate of death of the victim of crime.
2. The request shall be submitted within sixty days of the final decision concluding the trial because the perpetrator of the crime is still unknown, or of the latest measure of the legal action that has unsuccessfully been brought or of the day on which the criminal judgment has become final.

Reopening of the deadlines for submitting a request (2019 Budget Law)
(Article 1 paragraph 594, Law no. 145 of 2018)

Article 6, paragraph 3 of Law no. 167 of 2017 stipulates that a request for compensation shall be submitted within hundred and twenty days of the entry into force of this set of rules, otherwise this will be a ground of inadmissibility, and under the conditions and in the appropriate form of access thereto pursuant to Articles 11, 12, 13, paragraph 1, and 14 of Law of 7 July 2016, no. 122, as lastly amended by this article.
Under the 2019 Budget Law the deadline for submitting a request as set out in Article 6, paragraph 3, of Law of 20 November 2017, no. 167, for compensation to be granted to the subjects indicated in Article 6 paragraph 2 of that same law, and the deadline for submitting a request as laid down in Article 13, paragraph 2 of Law of 7 July 2016, no. 122, for compensation to be granted as a consequence of a serious bodily injury under Article 583, second paragraph, of the Criminal Code, shall be reopened and extended until 30 September 2019 failing which entitlement elapses. However, for those subjects who will not satisfy all the requirements and conditions under Articles 12 and 13, paragraph 1 of Law no. 122 of 2016 as per 1 August 2019, the deadline for submitting a request to have access to compensation shall be the one set out in paragraph 2 of aforementioned Article 13.
The amounts of compensation shall be paid within the limitations of the available resources under existing legislation, that have been collected in a Fund for the years 2017 and 2018 as per Article 2, paragraph 6-sexies, of Decree-Law of 29 December 2010, no. 225, converted with amendments by Law of 26 February 2011, no. 10, as amended pursuant to Article 14 of Law of 7 July 2016, no. 122 (Article 1, paragraph 595, 2019 Budget Law)

Extension of the time limits for filing the applications of compensation for the victims of intentional violent offences committed from 30 June 2005 up to the entry into force of the Law 122/2016 ((23 July 2016)
(Article 2 paragraph 2 of Legislative Decree 31 December 2020 n. 183).

The possibility to apply for compensation for the victims of intentional violent offences committed from 30 June 2005 to the entry into force of the Law 12212016 (23 July 2016) is extended until 31 December 2020. The decree-lawn. 18312020 entered into force on 31 December 2020 has extended by one year the time limit to file the applications that are to be sent to the prefect of the province of residence of the applicant. If on the date of 31 December 2021 all the requirements and conditions under the law are still not met, the applications can in any case be filed within the general time limit of 60 days from the last enforcement measure or the date when the criminal judgment has become final.

Recalculation of already paid compensation
(Article 1 paragraph 596, 2019 Budget Law)

Compensation that has already been paid upon entry into force of the 2019 Budget Law shall be recalculated, within the limitations of the available resources, upon request by the person concerned that shall be submitted within the deadlines set out in paragraph 594, failing which entitlement elapses, on the basis of the amounts determined by decree under Article 11, paragraph 3 of Law of 7 July 2016, no. 122.

Authority concerned

AUTHORITY IN CHARGE OF THE DECISION
Ministry of the Interior
Commissioner for coordinating solidarity initiatives in support of victims of mafia-type and violent intentional offences. The application form to obtain compensation pursuant to Law no. 122 of 2016 is available at the following link: http://www.interno.gov.it/it/ministero/commissario-vittime-reati-mafiosi-e-intenzionali-violenti/presupposti-e-requisiti-laccesso-fondo-vittime-dei-reati-intenzionali-violenti

ITALIAN AUTHORITY TO PROVIDE ASSISTANCE
Office of the Prosecutor attached to the Court located in the place of residence of the applicant.

CENTRAL CONTACT POINT
Ministry of Justice
Directorate General for International Affairs and Judicial Cooperation Ufficio II - International Affairs

Legislative reference

Articles 11 – 16, Law 7 July 2016 no. 122 (European Law 2015-2016)
Article 6, Law 20 November 2017 no. 167 (European Law 2017)
Article 1, paragraphs 593 - 597, Law 30 December 2018 no. 145 (2019 Budget Law)