COMPENSATION FOR DAMAGES IN CRIMINAL PROCEEDINGS

If you have suffered harm as a result of a criminal offense—such as bodily injury, emotional distress, or financial loss—Latvian law provides for the possibility of the victim receiving compensation already during the criminal proceedings.

If the victim believes that the compensation received does not or will not fully compensate for the harm suffered, they have the right to seek compensation for the harm in accordance with the procedures set forth in the Civil Procedure Law. When determining the amount of compensation in a civil claim, the compensation received in the criminal proceedings must be taken into account.

Who May Claim Compensation A victim in criminal proceedings has the right to claim compensation from the person who committed the criminal offense, regardless of whether the perpetrator has been identified and held accountable.

• Natural or legal persons who have suffered legal harm (moral injury, physical suffering, or material losses).
• If the person has died, compensation may be claimed by the deceased person’s relatives.

How the amount of compensation is determined How to submit a claim for compensation

• The amount of compensation is assessed taking into account:
  • the severity of the bodily injury caused,
  • moral harm,
  • and financial losses.
• It is possible to request full or partial compensation in court. If compensation is not awarded in full, the victim may seek additional compensation through civil proceedings.

Upon obtaining victim status, the person has the right to contact the Court Administration and submit an application. 4. The Role of the Court in Awarding Compensation Criminal Procedure Law: Articles 350–352 — establish the victim’s right to claim compensation, the submission of an application, and the determination of the amount of compensation. More info: https://www.tm.gov.lv/lv/kriminalprocesa-nodarita-kaitejuma-atlidzinasana

• Compensation may be requested during the criminal proceedings by contacting the Court Administration;
• using the e-service portal Latvija.lv;
• electronically, by signing with a secure electronic signature and sending it to the official e-mail address;
• by mail to the Court Administration;
• in person at the Court Administration;
• electronically, by signing with a secure electronic signature and sending to the email address pasts@ta.gov.lv.
• Documents proving the damage caused must be attached to the application.
• If the damage resulted from the unjustified actions of state institutions or officials, the Law on Compensation for Damage in Criminal Proceedings and Administrative Offense Proceedings also applies, which establishes the procedure and conditions for receiving compensation.

• The court evaluates the submitted evidence and determines the amount of compensation.
• The decision may be made both during criminal proceedings and, if necessary, in separate civil proceedings.
• Compensation is paid directly to the victim or their representative (for example, in the case of a minor victim—to their legal representative).

• Law on Compensation for Damage in Criminal Proceedings: establishes the procedure by which the state compensates for damage caused as a result of investigative or judicial actions.