Europees Verdrag inzake de schadeloosstelling van slachtoffers van geweldmisdrijven

The Parties undertake to take the necessary steps to give effect to the principles set out in Part I of this Convention.

1. When compensation is not fully available from other sources the State shall contribute to compensate:
a. those who have sustained serious bodily injury or impairment of health directly attributable to an intentional crime of violence:
b. the dependants of persons who have died as a result of such crime.
2. Compensation shall be awarded in the above cases even if the offender cannot be prosecuted or punished.

Compensation shall be paid by the State on whose territory the crime was committed:
a. to nationals of the States party to this Convention;
b. to nationals of all member States of the Council of Europe who are permanent residents in the State on whose territory the crime was committed.

Compensation shall cover, according to the case under consideration, at least the following items: loss of earnings, medical and hospitalisation expenses and funeral expenses, and, as regards dependants, loss of maintenance.

The compensation scheme may, if necessary, set for any or all elements of compensation an upper limit above which and a minimum threshold below which such compensation shall not be granted.

The compensation scheme may specify a period within which any application for compensation must be made.

Compensation may be reduced or refused on account of the applicant's financial situation.

1. Compensation may be reduced or refused on account of the victim's or the applicant's conduct before, during or after the crime, or in relation to the injury or death.
2. Compensation may also be reduced or refused on account of the victim's or the applicant's involvement in organised crime or his membership of an organisation which engages in crimes of violence.
3. Compensation may also be reduced or refused if an award or a full award would be contrary to a sense of justice or to public policy ("ordre public").

With a view to avoiding double compensation, the Sate or the competent authority may deduct from the compensation awarded or reclaim from the person compensated any amount of money received, in consequence of the injury or death, from the offender, social security or insurance, or coming from any other source.

The State or the competent authority may be subrogated to the rights of the person compensated for the amount of the compensation paid.

Each Party shall take appropriate steps to ensure that information about the scheme is available to potential applicants.

Subject to the application of bilateral or multilateral agreements on mutual assistance concluded between Contracting States, the competent authorities of each Party shall, at the request of the appropriate authorities of any other Party, give the maximum possible assistance in connection with the matters covered by this Convention. To this end, each Contracting State shall designate a central authority to receive, and to take action on, requests for such assistance, and shall inform thereof the Secretary General of the Council of Europe when depositing its instrument of ratification, acceptance, approval or accession.

1. The European Committee on Crime Problems (CDPC) of the Council of Europe shall be kept informed regarding the application of the Convention.
2. To this end, each Party shall transmit to the Secretary General of the Council of Europe any relevant information about its legislative or regulatory provisions concerning the matters covered by the Convention.

This Convention shall be open for signature by the member States of the Council of Europe. It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

1. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of Article 14.
2. In respect of any member State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council of Europe to accede to this Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.
2. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

1. Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
2. Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General.

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or more reservations.
2. Any Contracting State which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of such notification by the Secretary General.
3. A Party which has made a reservation in respect of a provision of this Convention may not claim the application of that provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it.

1. Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2. Such a denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention, of:
a. any signature;
b. the deposit of any instrument of ratification, acceptance, approval or accession;
c. any date of entry into force of this Convention in accordance with Articles 15, 16 and 17;
d. any other act, notification or communication relating to this Convention.

Recommends that the governments of the member states take into consideration the following principles:
1. When compensation cannot be ensured by other means the state should contribute to compensate: a. anyone who has sustained severe bodily injury as a result of crime,
b. the dependants of any person who died as a result of crime:
a. anyone who has sustained severe bodily injury as a result of crime,
b. the dependants of any person who died as a result of crime:
2. As regards the crimes which caused the bodily injury, at least all intentional crimes of violence should be covered even if the offender could not be prosecuted;
3. The compensation might be effected either within the framework of the social security system, or by the setting up of a special compensation scheme or by recourse to insurance;
4. The compensation should be the fullest and fairest possible, taking into account the nature and the consequences of the injury;
5. The compensation should include, in appropriate cases, at least loss of past and future earnings, increase of expenses, medical expenses, expenses of medical and professional rehabilitation, and funeral expenses;
6. For practical or economic reasons, the compensation scheme might make provision for a minimum or a maximum. It might also be fixed on the basis of prefixed scales or of a percentage assessment of the injury. The payment of compensation might be limited to victims who are in a serious material situation;
7. The compensation might take the form of a lump sum or of periodic payments;
8. The compensation scheme should provide for the possibility of granting in urgent cases interim awards when there would be delay in determining the compensation;
9. With a view to avoiding double compensation, any amount of money received or obtainable from other sources such as the offender, social security or private insurance might be deducted or reclaimed;
10. The scheme might subrogate in the victim's claims, as far as possible without impairing the rehabilitation of the offender;
11. The compensation might be reduced or refused on account of the victim's conduct and his relationship to the offender and his milieu;
12. Except when special conventions apply, compensation shall be paid by the state on whose territory, including its ships and aircraft, the crime was committed;
13. In respect of foreigners, the principle of reciprocity might be wholly or partially applied;

Invites the governments of member states to inform the Secretary General of the Council of Europe every five years of the steps they have taken to implement this resolution.