Compensation for victims of crime

The offender was convicted in court; how much compensation will the victim receive?

A crime victim filed a complaint with the police. After an investigation, charges are brought against the offender. Following the legal proceedings, the offender is convicted. What does the crime victim get? Who pays them compensation? What is the maximum compensation that can be imposed on the offender? What about additional compensation?

The law:

A crime victim who filed a complaint with the police is entitled to request financial compensation for the damage during the criminal proceedings. Besides promoting good citizenship, preventing crime towards others, punishing the offender, and sending the message that "crime doesn’t pay," the crime victim can and should receive compensation for the damage caused to them. Section 77 of the Penal Code states that the court can impose a financial penalty on a convicted offender to pay compensation to the victim, up to an amount of 258,000 NIS. This compensation does not replace all the financial compensation owed to the victim but is intended as "first aid" for the victim, to start the rehabilitation process. That is why the legislator has limited the amount. The law allows compensation for any harm, from the least severe to death.

If a legal proceeding is already underway against the offender, and the court has convicted them and imposed a payment, why not pay the full amount of the damage? Why limit the sum?

It is important to understand that in a criminal proceeding, the court determines the guilt of the defendant.Or his acquittal, but the court in the criminal proceedings does not determine the exact amount of damage caused to the victim. For that purpose, a civil procedure must be conducted, including medical opinions, appraisals, and more. The criminal court does not have the time or the ability to also address this. So on what basis is the compensation amount determined in the criminal proceedings? For this, the court can rely on a victim impact statement, prepared by a social worker from the Welfare Ministry, testimonies regarding the damage caused to the victim, a declaration from the victim, a general estimate, for example: the victim was bedridden for a month, lost wages, required a caregiver, etc. Therefore, the compensation is only preliminary and will be deducted from the compensation if it is awarded in the civil proceedings. How can the rest of the compensation be obtained? A victim can sue the offender (the criminal) in civil court. The procedure can be initiated immediately after calculating the damage amount, having to prove in court that the defendant is guilty and estimate the damage. However, sometimes it is advisable to wait for the criminal proceedings to conclude. If the offender is convicted, a civil claim related to the criminal case can be filed; such a claim essentially acknowledges the defendant's guilt, and now the court only needs to determine the amount of damage and rule accordingly. Are you a victim of a crime? Contact us to exercise your rights as soon as possible.