Compensation for victims of crime

If you are the victim of a crime, you may be entitled to compensation from the Treasury. This applies to violent offences such as:

• assault

• sexual offences

• unlawful deprivation of liberty

• a violation that causes a public hazard

• violation against public authority

• false convictions

• defamatory and invasion of privacy

• homicide, in which case relatives may be entitled to compensation for the loss of a support person and the payment of funeral costs

Compensation is not paid in the event of violations of enrichment or damage to property.

Other violent crimes may be considered; for queries, you may contact the Compensation Committee at botanefnd@syslumenn.is.

Conditions for Compensation Payment

The conditions are

• the violation must have been committed within Iceland

• the violation must have been reported to the police without undue delay

• the victim must have filed a claim for damages against the accused

• the application for compensation must be submitted to the Compensation Committee within two years of the crime, with possible exceptions, particularly considering the victim's age at the time of the crime

Applications must be made for payment of compensation in cases that result in a conviction in the judicial system and for compensation awarded.
The payment is not automatically made.

It is not required to

• the crime to have gone to trial or ended in a conviction; you may still be entitled to compensation even if the case is dismissed.

• the perpetrator to be known; you may still be entitled to compensation if the perpetrator is unknown, deceased, or their whereabouts are unknown.

• the perpetrator to be criminally liable; you may still be entitled to compensation if the perpetrator is not criminally liable due to young age or other reasons.

If you have suffered loss due to violence abroad, you must contact the authorities in that country, but many states pay compensation to victims of crime.

What Can Be Compensated

The following may be compensated:

• medical expenses

• suffering, usually only compensated while the victim is unable to work according to a medical certificate

• loss of income

• non-economic damages (according to Article 26 of the Tort Compensation Act No. 50/1993), the most common compensation in criminal cases

• permanent non-economic damages (according to Article 4 of the Tort Compensation Act)

• permanent disability (according to Articles 5-8 of the Tort Compensation Act)

• clothing and personal belongings lost or damaged due to assault

• costs of legal representation for pursuing the compensation claim; however, it is generally assumed that the victim can manage their own application.

Application Process and Documentation

Time limit

Applications for compensation must be submitted to the Compensation Committee within two years of the crime.

A court ruling is not required, and compensation can be applied for at any stage of the proceedings, provided it is within the two-year timeframe.

To interrupt the time limit, it is important to submit an application or notification as soon as possible that the applicant has been the victim of a criminal act. Additional documents can always be submitted later.

Required Documentation

The application must include a detailed and substantiated compensation claim along with other supporting documents. Relevant documents may include:

• copies of police reports or other investigation documents

• letters from the police indicating that the case has been dismissed after investigation, if applicable

• medical documents, such as injury reports

• receipts for incurred expenses

• employer certificates for lost wages

• copies of court rulings

The Compensation Committee's office is located with the district commissioner's office in Northeast Iceland, Siglufjörður. The email is botanefnd@syslumenn.is and the phone number is 458-2600.

Decision of the Compensation Committee

Once the documents are received, the case is reviewed by the Compensation Committee, which either approves or denies applications.

If the application for compensation is approved, the amount is determined:

• by the Compensation Committee in unresolved cases or when compensation claims have not been addressed in a court case for any reason

• by a court ruling when the case ends in a conviction

There is no appeal process in compensation cases. If an application is denied, a lawsuit must be filed against the state to seek a change. The response from the Compensation Committee is sent to the victim or their lawyer.

Payment of Compensation

Compensation will be paid within a few days after the Compensation Committee's decision is made.

The payment is made by the Financial Management Authority.