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Obligation to compensation, at the expense of the State, on behalf of victims of violent intentional crimes

  • 17/10/2016

The European Directive 2004/80 requires that Member States implement the laws, regulations and administrative provisions necessary to guarantee a fair and appropriate compensation for victims of violent intentional crimes committed in their territories.

With judgment of 11th October 2016, delivered in the case C-604/14, the European Court of Justice has ascertained that, in the period between 2004 and 2014, Italy had not fully complied with the Directive, given that the national compensation scheme was applicable only to certain violent intentional crimes.

Such Directive was fully adopted by Italy with Law no. 122 of 7th July 2016 (articles 11-16), which has recognized a fair and appropriate compensation for health care expenses for victims of any violent intentional crime.

Therefore, it is predictable that, following the said judgment, a large number of requests for compensation for crimes committed before the enactment of Law no. 122/2016 will be filed. The Italian Ministry of Justice has already assured to be willing to promptly consider such requests.

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