As a victim, you have the right to claim compensation for the harm you suffered due to a crime. This might be for physical or moral injuries and/or for damaged or lost property.
Request for compensation during criminal trial
In Estonia you can request compensation within 10 days as of the date of submission of the criminal file. A civil action for damages filed after this date can be brought pursuant to the civil procedure.
You can ask to be compensated for the loss of both:
- your damaged or lost property
example A damaged car or money that you have spent for your treatment in a hospital.
- moral suffering
example If you have been kidnapped and held in captivity for some days, you may request compensation for the moral suffering you experienced. In addition, if you were physically injured as a result of a crime, you may seek compensation for the moral suffering.
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will take into account:
- the gravity of the crime
- the injuries you suffered and their consequences
- the psychological trauma you may have suffered and other factors
Compensation from the State
According to Estonian law, you can request compensation from the State. You are entitled to such compensation if, as a result of a crime:
- you have suffered a serious damage to your health
- you are a victim of a sexual crime or human trafficking
- you have sustained a health disorder lasting for at least six months
- your close relative has died: a spouse, a parent, a child, an adopted child, a brother or a sister
Civil claim
If you have not requested compensation during the criminal trial, you can lodge a civil claim for damages. This claim must be submitted to the civil court (maakohus). You can file a civil claim for damages even if the criminal court has acquitted the accused.