As a victim, you have the right to claim compensation for the harm that you have suffered due to a hate crime. This might be for physical or moral suffering and/or for damaged or lost property.
Request for compensation during trial
In Bulgaria, you may request compensation by bringing a civil claim during the criminal proceeding, but this should be done until the beginning of the first court hearing. If you want, you can lodge civil claim before the civil court, but the civil proceeding will be suspended until the deliverance of the final decision by the criminal court.
You may ask to be compensated for the loss of both:
- damaged or lost property
example A damaged car, or money that you have spent for your treatment in a hospital.
- non-pecuniary damage – mental and physical sufferings
example If you had been injured, you may request compensation for the moral suffering which you experienced (stress, fear) as well for the physical suffering (pain). You can also ask for compensation of the expenses that you made for medical aid.
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will consider:
- 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 the Bulgarian law, you can request a compensation according to the Law on Assistance and Financial Compensation to Victims of Crime only if the committed crime against you is classified as an attempted murder or intentional serious bodily harm. This compensation can cover only material damages. You may apply for state guaranteed compensation only if the perpetrator was found guilty or the pre-trail proceeding or the court trail proceeding was terminated (unless the termination is on the ground of Article 24, para, 1, points 1, 7, 8а and 9 of the Criminal Procedure Code). If you have received financial compensation in another way, the State will not pay you compensation under this law.
The victim’s application for state guaranteed compensation should be filed before the National Council for Assistance and Compensation to Victims of Crime within the Ministry of Justice. The decision of the National Council cannot be appealed.
Compensation & Human rights
Compensation for victims is one of the components of proper redress in cases where suffering has been experienced from hate crimes. Therefore, the State is responsible, firstly, to ensure that the legal framework provides for an opportunity to request such compensation, and secondly, to ensure that the claims for compensation are considered by the pertinent state authorities according to law.
The failure to ensure the legal regulations providing for compensation, or the failure by the pertinent state authorities to award compensation according to the appropriate legal regulations, may result in a violation of the right to an effective remedy.