As a victim, you have the right to claim compensation for the harm you suffered due to a crime. This might be for physical or moral suffering and/or for damaged or lost property.
Request for compensation during criminal trial
According to Moldovan law you can request compensation at any time during the pre-trial stage. At the beginning of the trial in the court of first instance, you can request compensation only up to the time that the court ends the examination of evidence.
You can ask to be compensated for :
- your damaged or lost property
example A damaged car or money that you have spent for your treatment in a hospital.
- your lost income
- your damaged professional reputation
- moral suffering
example If you have been kidnapped and held in captivity for some days, you may request compensation for the moral suffering you experienced. In addition, if you were physically injured as a result of a crime, you may seek compensation for the moral suffering.
- any other damage or expenses caused by the offence
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will take into account:
- the gravity of the crime and of the non-pecuniary damage
- the degree of the offender's guilt
- the injuries you suffered and their consequences
- the restrictions on the possibilities of your family and social life
- your social status
- the extent to which the compensation is able to provide a just satisfaction
- the psychological trauma you may have suffered and other factors
Compensation from the State
According to Moldovan law, you can request compensation from the State. You are entitled to such compensation if, as a result of a crime one or more of the following types of damage was caused to you:
- hospitalization, treatment or other medical expenses
- damage caused to glasses, contact lenses, dental prostheses and other objects that are means of performing the functions of individual parts of the human body
- destruction or damage to the property or its theft
- funeral expenses
Please note that the compensation provided by the State is subject to certain conditions and limitations. You may request this compensation only if you are a victim of a specific violent crime from the list mentioned in the Law, for example intentional murder of your spouse, human trafficking, domestic violence, sexual crimes, torture, slavery etc. The compensation is paid from the state budget in the amount of 70%, but not more than 10 average monthly salaries for the economy, as forecasted for the year when the request was filed.
Civil claim
If you have not requested compensation during the criminal trial, you can lodge a civil claim for damages. This claim must be submitted to the civil court (court of general jurisdiction). You can file a civil claim for damages even if the criminal court has acquitted the accused.