If you have been the victim of a violent crime, you should follow the steps set out below.
1) Please read the information regarding the right to an advance payment of compensation.
According to paragraph a) of article 2, section 1 of Law no. 104/09, of September 14th, violent crimes are those that fall under the legal definitions of terrorism, violent crime, and especially violent crime, as outlined in items i) to l) of article 1 of the Criminal Procedure Code:
'Terrorism': actions that constitute terrorist offenses, offenses related to a terrorist group, offenses related to terrorist activities, and the financing of terrorism;
j) 'Violent crime': actions that intentionally target life, physical integrity, personal freedom, sexual freedom and self-determination, or public authority, and are punishable by imprisonment for a maximum of 5 years or more;
l) 'Especially violent crime': actions as defined in the previous point, punishable by imprisonment for a maximum of 8 years or more.
Thus, violent crimes include, among others, terrorism, homicide, serious physical injury, rape, child sexual abuse, domestic violence, or serious bodily harm resulting from a robbery.
Victims of crime who have suffered serious harm to their physical or mental health directly resulting from acts of violence committed in Portuguese territory or on-board Portuguese ships or aircraft may be entitled to an advance payment of compensation by the State, provided that the following conditions are cumulatively met:
- that the injury resulted in a permanent disability or in a temporary and total incapacity for work lasting at least 30 days;
- o facto tenha provocado uma perturbação considerável no nível e qualidade de vida da vítima ou, no caso de morte, do requerente; e
- that effective compensation has not been obtained through enforcement of a conviction in respect of a claim lodged under Articles 71 to 84 of the Code of Criminal Procedure, or where it is reasonably foreseeable that the offender and the civilly liable parties will not provide compensation, and that it is not possible to obtain effective and sufficient reparation from another source.
The right to an advance payment of compensation remains even if the identity of the perpetrator is unknown or, for another reason, they cannot be accused or convicted.
Persons who voluntarily assist the victim or cooperate with the authorities in the prevention of the offence or in the pursuit or arrest of the offender may also be entitled to an advance payment of compensation, provided that the above-mentioned requirements are met.
The granting of an advance payment of compensation to such persons is not dependent on the granting of compensation to the direct victims of the crime in question.
When the violent act involves a crime against sexual freedom and self-determination or against a minor, the verification of the requirement in item a) of paragraph 1 may be waived if exceptional and duly justified circumstances advise this.
The information provided does not replace consultation of the applicable legislation:
Law No. 104/2009 of 14 September, which establishes the framework for the granting of compensation to victims of violent crime and domestic violence;
Criminal Code;
Code of Criminal Procedure.
To proceed, you must prepare the required documents (Step 2).
2) To continue, you must prepare the required documents.
To submit your claim for indemnity as a direct victim of a violent crime, you should first review and gather the documents listed below.
Mandatory Documents:
- Victim’s identification document(s) [which include Civil Identification Number (CC or other), Tax Identification Number (NIF), and Social Security Number (NISS)]
When applicable:
- Identification document of the Applicant if they are not the Victim of the crime (which should include the Civil Identification Number)
- Identification document of the Legal Representative (which should include the Civil Identification Number)
- Judicial Order granting the status of Legal Guardian if the relationship between the Applicant and the Victim is one of Legal Guardianship
- Judicial Order regulating parental responsibilities if the Victim is a minor and the parents do not live together
- Judicial Order declaring that the Victim is under the Assisted Adult Regime if the Victim is in this situation
- Power of Attorney if the Applicant is acting as a Lawyer
- Judicial Order appointing the Applicant as Court-Appointed Defender if the Applicant is acting in this capacity
Other Mandatory Documents:
- Tax income declaration of the Victim for the year prior to the crime, the year of the crime, and the year after the crime
Other Relevant Documents:
- Copy of the Indictment, in case the final decision has not yet been rendered in the criminal case, that is, in case there is no Judgment/Decision yet.
- Certificate of Sentence or Judgement with date of final and unappealable judgement or Order of Dismissal
- Copy of the Judgment(s) from Higher Court(s) if an appeal was made
- Copy of the enforcement request (and its decision) if the sentence has already been enforced
- Certificate of Temporary Incapacity for work related to the injuries sustained as a result of the crime
- Documents proving material damages, psychological damages, and/or physical damages caused by the crime
- Documents proving the Victim’s income (income from work, unemployment benefits, family allowance, sickness benefits, Social Insertion Income, solidarity supplement for the elderly, old-age pension, disability pension, or social inclusion benefit)
Only documents in PDF format will be accepted.
To continue, you must complete the form (Step 3).
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