The Compensation for Victims of Violent Crime Act
Chapter 1. The scope and extent of the Act and further conditions for compensation
Section 1. The substantive scope of the Act
Any person who has suffered a personal injury as a result of an intentional offence against the person or other criminal act involving violence or coercion, or the said person's surviving relatives, are entitled to state compensation for victims of violent crime pursuant to the provisions of this Act. Such compensation shall be provided even if the perpetrator cannot be punished because he or she was not responsible for his or her acts as stated in section 44 of the Penal Code or was under 15 years of age, or has exceeded the limits of self-defence but in such a manner as not to be liable to a penalty pursuant to section 48, fourth paragraph, of the Penal Code.
Moreover, such compensation may be provided for personal injury sustained while assisting the police or other persons with police authority to make an arrest, while averting or attempting to avert a criminal act or in connection with a lawful arrest or an attempt to make such an arrest.
Compensation pursuant to this Act shall not be provided for injuries covered by the Act of 3 February 1961 relating to liability for injuries caused by motor vehicles (the Automobile Liability Act).
Section 2. The territorial extent of the Act
Compensation shall be provided for victims of violent crime when the act that caused the injury has taken place in Norway, on board a Norwegian vessel, drilling platform or aircraft or on a structure or an installation for exploration or exploitation of undersea natural deposits on the Norwegian part of the Continental Shelf.
If the injured person or his or her surviving relatives were resident in Norway at the time of the injury, such compensation may be provided in cases other than those mentioned in the first paragraph when special reasons so warrant.
Section 3.Further conditions for compensation
Compensation for victims of violent crime is awarded upon application. The application shall be submitted to the Norwegian Criminal Injuries Compensation Authority on a form to be determined by the Ministry. The Ministry may prescribe further rules regarding the content of the application. The application must be submitted to the Norwegian Criminal Injuries Compensation Authority before the claim for compensation against the person causing the injury becomes time-barred pursuant to the provisions of the Limitation Act. However, it is sufficient that the application is submitted before the criminal liability, if any, of the person causing the injury is time-barred pursuant to the provisions of the Penal Code.
Compensation shall only be provided when the criminal act has been reported to the police without undue delay with an application for punishment, and the application has not subsequently been withdrawn. Moreover, the applicant must have demanded that the claim for compensation be included in any criminal proceedings that may be instituted against the person causing the injury. In special cases, compensation may be provided even if the conditions of this paragraph are not fulfilled.
Compensation for victims of violent crime shall only be awarded when it has been established on a clear balance of probabilities that the injured person has been subjected to an act such as is mentioned in section 1.
Chapter 2. Assessment of compensation for victims of violent crime, etc.
Section 4. Compensation for personal injury
Compensation for victims of violent crime shall cover the injury sustained, the loss of future employment and expenses which the injured person is expected to incur in future due to the injury. Compensation for loss of income and future employment shall be determined separately and assessed pursuant to the provisions of section 3-1, second paragraph, of the Damages Act.
If the injured person has not reached the age of 16 years at the time of the injury, compensation for loss of future employment shall be assessed in accordance with the provisions regarding standardized compensation for children in section 3-2a of the Damages Act.
Section 5. Compensation for persistent injury
If the injured person has sustained a persistent and significant injury of a medical nature, he or she is entitled to special compensation for such injury. When determining such compensation, account shall be taken of the medical nature and extent of the injury and its significance for the injured person's ability to lead a full life. No compensation for such injury shall be provided when the degree of disability is less than 15 per cent.
If the injured person has not reached the age of 16 years at the time of the injury, compensation for such injury shall be assessed in accordance with the provisions regarding standardized compensation for children in section 3-2a of the Damages Act.
Section 6. Compensation for non-pecuniary damage
Regardless of whether compensation for persistent injury is provided pursuant to the provisions of section 5, the injured person may be awarded such a lump-sum amount as is found to be reasonable in compensation for the pain and suffering caused and for any other offence or damage of a non-pecuniary nature. In the case of such offence or indecent conduct as is mentioned in sections 195, 196 and 200, third paragraph, of the Penal Code, particular importance shall be attached, when assessing compensation for non-pecuniary damage, to the nature of the act, the duration of the offence, whether the act constitutes abuse of a kinship relationship, a relationship of care, a relationship of dependency or a relationship of trust, and whether the act was committed in a particularly painful or offensive manner.
Section 7. Compensation for surviving relatives
In the event of death, compensation for victims of violent crime for the loss of a supporter shall be payable to the surviving relative or relatives whom the deceased person wholly or partly supported at the time of his or her death. Depending on the circumstances, such compensation may be awarded even if the deceased was not supporting the surviving relative when he or she died, provided that the latter could count on such support in the near future. In determining such compensation, account shall be taken of the extent of the support and the surviving relative's possibility of contributing to his or her own support.
Compensation for death shall also cover ordinary funeral expenses, and insofar as it is deemed to be reasonable, other expenses in connection with the death.
In the event of death, compensation for non-pecuniary damage may also be provided pursuant to the provisions of section 6 to the spouse, cohabitant, children or parents of the deceased.
Section 8. Compensation for property damage
In addition to compensation for personal injury, the State will provide compensation for damage to ordinary clothing, artificial limbs and other articles for personal use which the injured person had on when the damage was caused.
Section 9. Deductions from the assessment
When assessing compensation for victims of violent crime, sickness pay and similar benefits, national insurance benefits and benefits from an employee or occupational pension scheme shall be deducted in full. Furthermore, insurance benefits and other financial support to which the injured person is entitled as a result of the injury shall be deducted in full.
Section 10. Contributory negligence of the injured party
With regard to the reduction or cessation of compensation for victims of violent crime owing to the contributory negligence of the injured person, etc., section 5-1 of the Damages Act shall apply correspondingly.
Section 11. Maximum and minimum amount of compensation for victims of violent crime
For each individual case of injury, the compensation for victims of violent crime provided shall not exceed an amount that is 20 times the national insurance basic amount, cf. section 1-4 of the National Insurance Act.
No compensation for victims of violent crime shall be provided when the loss for which a claim for compensation might be lodged against the State is less than NOK 1,000.
Section 12. Transfer and limitation of disposition, etc.
With regard to the transfer or inheritance of a claim for compensation for victims of violent crime and to limitations on the disposition of such compensation, section 3-10 of the Damages Act shall apply correspondingly.
Chapter 3. Administrative procedures, etc.
Section 13. Decision-making authority
Applications for compensation for victims of violent crime shall be decided by the Norwegian Criminal Injuries Compensation Authority.
The Compensation Board for Victims of Violent Crime is the administrative appeal body for decisions of the Norwegian Criminal Injuries Compensation Authority pursuant to this Act. The Board has a chairman and a deputy chairman and two members with personal deputies who are appointed by the Ministry for a term of four years. The chairman and deputy chairman shall have a law degree.
Section 14. Rules of procedure
The Public Administration Act shall apply unless otherwise provided by this Act.
The person causing the injury shall not be regarded as a party to the case concerning whether compensation shall be provided to the applicant.
Decision of the case shall be postponed until a final decision is reached in any criminal proceedings against the person causing the injury.
The same applies if civil proceedings have been instituted to claim compensation from the person causing the injury. Exceptions may be made from this rule in special cases.
The compensation shall be paid when an administrative decision has been made as to whether compensation shall be provided. If the application cannot, for the time being, be decided for reasons that are not the fault of the applicant, an advance payment may be made to such an extent as is deemed to be reasonable.
Section 15. The State's claim for indemnity
The applicant's claim against the person causing the injury or other persons who are liable for the injury passes to the State insofar as compensation is paid pursuant to this Act.
The State's claim pursuant to the first paragraph may wholly or partly be remitted if manifest fault, the financial situation of the person causing the injury or other circumstances should so warrant.
The Norwegian Criminal Injuries Compensation Authority decides whether indemnity shall be claimed and if so, makes an administrative decision to that effect.
Section 16. Repayment of compensation for victims of violent crime
It may be demanded that compensation for victims of violent crime that has been paid or advance payments of such compensation shall be repaid if the applicant has given incorrect information or concealed matters of significance for the payment. The same applies if the applicant's loss is subsequently covered in another manner.
The Norwegian Criminal Injuries Compensation Authority decides whether to demand repayment of compensation and if so, makes an administrative decision to that effect.
Section 17. Enforced recovery
Administrative decisions regarding indemnity or repayment pursuant to section 15 or 16 are enforceable by execution.
When the State Agency for the Recovery of Fines, Damages and Costs is ordered to recover such claims as are mentioned in the first paragraph, it may recover the said claims by means of deductions from pay and other similar benefits pursuant to the provisions of section 2-7 of the Creditors Security Act.
The said Agency may also recover the claims by creating an execution lien for the claim if the lien may be legally secured by entering it in a register or by notifying it to a third party, cf. chapter 5 of the Mortgages and Pledges Act, and the execution proceedings may be held at the offices of the said Agency pursuant to section 7-9, first paragraph, of the Enforcement Act.
Chapter 4. Concluding provisions
Section 18. Commencement
This Act shall come into force from the date decided by the King.
Section 19. Transitional provisions
The provisions of sections 1, 2 and 3, second paragraph, and chapter 2 shall not apply in cases of applications for compensation for victims of violent crime on grounds of criminal acts or the like which have taken place prior to the commencement of this Act.
Otherwise, this Act shall apply in cases where an application for compensation for victims of violent crime is submitted after the commencement of this Act.