The Victims' Fund: for whom, when, what and how?
Victims of intentional acts of violence or their relatives may -under certain conditions- apply for financial assistance from the Victims' Fund (or full: Fund for Assistance to Victims of Intentional Violence Crimes and Occasional Rescuers) questions. For example, when the perpetrator is unknown or appears to be insolvent, the Belgian State contributes to compensate the victims.
Before you as a victim can claim this support, a number of conditions must be met.
We are happy to list them for you.
For whom.
Not every victim is entitled to a contribution. Only those who suffer serious physical or psychological damage as a result of intentional acts of violence - of which various sex crimes are also an example - are eligible.
Persons who suffer harm in providing assistance to a victim of an act of violence or to a victim who is in mortal danger are also entitled to a contribution.
Victims of traffic or property crimes, such as a theft, are excluded.
When?
The act of which one becomes a victim must have been committed in Belgium and the outcome of the subsequent criminal proceedings must be established, whether it is a dismissal for failure to identify the perpetrator or a final conviction of the perpetrator (although there are exceptions to the latter condition).
In addition, the victim must have tried to obtain compensation from the perpetrator, in case the perpetrator is obviously known.
However, if that same perpetrator proves insolvent, the Fund still intervenes, unless the victim can obtain compensation by other means, through his insurance, for example.
What?
There are four different categories of assistance provided by the Victims Fund: main assistance, emergency assistance, supplementary assistance and exceptional assistance.
Main is the contribution that covers the damage suffered.
In the context of emergency contribution is granted even though the outcome of the criminal proceedings is not yet known. Because in some cases there is a need for immediate help that cannot be delayed without a negative impact.
Additional help can be requested if the injury, for which one has obtained principal assistance, has increased within the ten years.
And exceptional aid concerns, as the name suggests, an exception under which people can request additional assistance even after the expiration of a 10-year period.
How?
Applications to obtain a contribution must be submitted to the relevant commission in Brussels, together with various supporting documents.The secretariat then prepares a report, on which comments may be made by the victim, his lawyer and/or the (delegate of the) Minister of Justice.
Testimony may possibly be given by the victim before the actual committee, in which the victim may be assisted by a lawyer.
The committee then starts an investigation and the decision is finally sent by mail.
If the decision violates the law, an appeal can be filed with the Council of State.
If you would like more information about this, please feel free to contact us at info@bannister.be or 03/369.28.00.
November 10, 2020
