Victim Compensation Programs: Portugal

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Directory of International Crime Victim Compensation Programs 2004 - 2005

Portugal

Portugal has a compensation program for some victims of crime with serious injuries.

Eligibility Requirements

Report to police. No.

Filing period. Within 1 year after the crime.

Foreign citizen eligibility. Citizens of foreign countries are eligible to apply for compensation if the crime was committed on Portuguese territory or onboard a Portuguese ship or aircraft.

Claimants

•	Victims of crime who suffer serious injuries (incapacitated for 30 days) and the perpetrator is unable to pay restitution or compensation to the victim. Rape is not included.

•	Victims of crime who suffer permanent inability to work

•	Dependents of victims of crime

•	Portuguese citizens who are victimized in a foreign country if compensation is not available in the country where the crime took place

Procedures

To request compensation, the claimant must complete an application form provided by the Comissão de Protecção às Vítimas de Crime Violento. The Associaco Portuguese de Apoio à Vitima (APAV) will assist victims with completing and submitting an application for compensation. Although it is not mandatory to report the crime to the police, proof that a crime has occurred is required. This condition is usually satisfied with a police report. With the form, the claimant must also submit his or her last income tax return, the police report documenting the crime, and medical reports proving the injuries suffered. The claim must be sent to the Comissão de Protecção às Vítimas de Crime Violento. The Comissão should review the file and conclude its investigation within 3 months and forward a recommendation to the Minister of Justice, who will make a final decision.

Benefits and Award Limits

The maximum award is EUR29,928 per person. The total amount payable may not exceed approximately EUR90,000. Income and need are considered in making award decisions.

Compensable costs

•	Medical expenses

•	Lost wages

•	Loss of support for the dependents of victims

•	Funeral and burial expenses

•	Rehabilitation for disabled victims

Emergency awards. The program offers expedited or emergency compensation on a case-by-case basis.

Funding sources. The program is funded by state appropriations called Seguro Social (Social Insurance).

Contact Information

Commissão para a instrucão dos pedidos de indemnização, às vitimas de crimes violentos (Commission for Protection of Crime Victims), Escadinhas de São Crispim n. 7, 1149 049 Lisbon, Portugal
Telephone: 351-218-824-500/9
Fax: 351-218-870-499
E-mail: jose.duarte@tac.mj.pt
Internet: None

Languages used—
• On application forms: Portuguese
• In correspondence: Portuguese
• By telephone: Portuguese

For assistance in requesting compensation, contact

Associação Portuguese de Apoio à Vitima (APAV) (Portuguese Association for Victim Support)
Main Office, Rua do Comercio, 56-5, 1100-150 Lisboa
Telephone: 21-885-40-90
Fax: 21-887-63-51

APAV has 12 branch offices located in several areas of the country.

Internet: www.apav.pt (in Portuguese, English)

Languages used—
• On application forms: Portuguese
• In correspondence: Portuguese, English
• By telephone: Portuguese, English

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