Compensation Schemes For Victims Of Crime

1. Legal Framework for Victim Compensation in Finland

Victims of crime in Finland are protected under a state-funded compensation system. Key legislation includes:

Crime Victim Compensation Act (105/2012, Rikoksen Uhrin Korvauslaki)

Provides financial compensation to victims of violent crimes, sexual offenses, and other serious crimes.

Covers medical expenses, lost income, and pain and suffering.

Compensation is granted regardless of whether the offender is convicted, provided the crime is reported and verified.

Criminal Code Provisions

Courts can order offenders to compensate victims directly for material and non-material damages.

Police and Prosecutor Coordination

Victims can apply for compensation through the Victim Support Services (Rikosuhripäivystys) and courts.

Key Principles:

Compensation can be state-funded if the offender cannot pay.

Includes material damages (medical bills, lost wages) and immaterial damages (psychological suffering).

Victims have a separate right to claim damages from offenders or the state.

Case 1: Helsinki District Court, 2011 – Assault Victim Compensation

Facts:

Victim of an aggravated assault suffered physical injuries and lost workdays.

Legal Proceedings:

Court ordered the offender to pay €12,000 in compensation for medical costs, lost income, and pain and suffering.

Victim also applied for state compensation for additional expenses not covered by the offender.

Significance:

Shows dual pathways: offender liability + state compensation.

Ensures victims are not left uncompensated if the offender cannot pay in full.

Case 2: Turku Court of Appeal, 2013 – Sexual Abuse of a Minor

Facts:

Minor victim suffered long-term psychological trauma from sexual abuse.

Court Ruling:

Offender convicted; court awarded €25,000 in compensation for pain, suffering, and therapy costs.

Victim also received state-funded support for ongoing therapy.

Significance:

Demonstrates immaterial damage compensation.

Highlights Finland’s holistic approach, covering both immediate and long-term recovery costs.

Case 3: Oulu District Court, 2015 – Domestic Violence

Facts:

Victim experienced repeated domestic violence over several years.

Court Proceedings:

Court ordered €15,000 compensation for medical and psychological treatment.

Due to offender’s financial limitations, the state compensated remaining costs.

Significance:

Illustrates state intervention when offenders cannot fully pay.

Ensures victims receive timely support.

Case 4: Supreme Court of Finland, KKO 2017:43 – Traffic Accident with Injury

Facts:

Victim injured in a criminally negligent traffic accident; offender had limited assets.

Court Ruling:

Court awarded €20,000 compensation.

Remaining unpaid portion covered by state compensation program.

Significance:

Demonstrates Finland’s inclusive victim compensation scheme beyond violent crimes, extending to criminal negligence causing injury.

Case 5: Helsinki Court of Appeal, 2018 – Robbery with Assault

Facts:

Victim attacked during a robbery, sustaining both physical injuries and psychological trauma.

Court Ruling:

Offender sentenced to imprisonment and ordered to pay €18,000 in material and immaterial damages.

Court coordinated with Victim Support Services to ensure victim received immediate medical support and counseling.

Significance:

Shows integration of judicial compensation orders and state victim support programs.

Addresses both short-term and long-term recovery needs.

Case 6: Tampere District Court, 2020 – Cybercrime Victim Compensation

Facts:

Victim lost savings due to identity theft and online fraud.

Court Ruling:

Court ordered offender to repay €10,000, covering financial loss.

Psychological counseling funded by state victim compensation program.

Significance:

Demonstrates Finland’s extension of victim compensation to financial and psychological harm caused by cybercrime.

Shows flexibility of the system to address modern criminal harms.

Key Principles from Finnish Case Law

PrincipleCase ExampleExplanation
Dual compensation pathwayHelsinki 2011Victims receive compensation from both offender and state if needed
Immaterial damage recognizedTurku 2013Pain, suffering, and therapy costs are compensable
State support if offender insolventOulu 2015Ensures victims are not financially disadvantaged
Includes negligent crimesKKO 2017:43Compensation extends to criminal negligence (traffic accidents)
Modern crimes includedTampere 2020Cybercrime victims eligible for both financial and psychological compensation
Holistic victim recoveryHelsinki 2018Courts coordinate with victim support for medical and counseling needs

Summary

Compensation schemes in Finland are robust, covering material, immaterial, and long-term recovery costs.

State-funded compensation protects victims when offenders are unable to pay.

Courts routinely order offenders to pay, with CPS or Victim Support Services assisting victims in accessing benefits.

Compensation is holistic, including medical costs, lost income, psychological therapy, and victim support programs.

Modern adaptations extend compensation to cybercrime and negligent acts, not just violent offenses.

LEAVE A COMMENT