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The Italian legislation in relation to the victims of crime

According to current legislation , the Italian State provides for the payment of financial benefits to the victims of crime in relation to commission or prevention of crimes which, as a consequence of injures suffered, create serious social disturbance (law n. 302 of 20 October 1990; law n. 407 of 23 November 1998; decree – law n. 13 of 4 February 2003, made into law by law n.56 of 2 April 2003).

In particular, the State makes payments or annuities in favour of those persons who suffer from a permanent disability, owing to injuries suffered as a consequence of terrorist acts or acts of subversion of the democratic order, of crimes committed in the territory of the State by mafia-type associations or of acts of prevention or punishment of said crimes. In the case of death caused by injuries suffered, the members of the family of the person injured enjoy the benefits granted; the members include persons who are not relatives, provided that they cohabited with the deceased.

Victims include either the persons killed or those who, owing to injuries suffered as a consequence of acts of terrorism or of organized crime, suffer from a permanent disability affecting their working capacity.

Compensation is provided only for damages of a physical nature. In particular, the compensation, cannot exceed a maximum amount fixed by law and shall be payed in proportion to the percentage of disability of the person injured, considering the working capacity as reference criteria.

De iure condendo in relation to the victims of crime:
A Commission on problems and support to the victims of crime has been established at the Ministry of Justice. This Commission, chaired by Judge Giorgio Santacroce submitted a draft bill in relation to the support for the victims of crime establishing a Fund and an assistance office on 13 March 2003.





Last modified: 14/05/2008