3 DE MAIO DE 1999

1710-(49)

Having regard to Resolution (77) 27 of the Committee of Ministers of the Council of Europe on the compensation of victims of crime;

have agreed as follows:

PARTI Basic principles

Article 1

The Parties undertake to take the necessary steps to give effect to the principles set out in part i of this Convention.

Article 2

1 — When compensation is not fully available from other sources the State shall contribute to compensate:

a) Those who have sustained serious bodily injury or impairment of health directly attributable to an intentional crime of violence;

b) The dependants of persons who have died as a result of such crime.

2 — Compensation shall be awarded in the above cases even if the offender cannot be prosecuted or punished.

Article 3

Compensation shall be paid by the State on whose ' territory the crime was committed:

a) To nationals of the States party to this Convention;

b) To nationals of all member States of the Council of Europe who are permanent residents in the State on whose territory the crime was committed.

Article 4

Compensation shall cover,-according to the case under consideration, at least the following items: loss of earnings, medical and hospitalization expenses and funeral expenses, and, as regards dependants, loss of maintenance.

Article 5

The compensation scheme may, if necessary, set for any or all elements of compensation an upper limit above which and a minimum threshold below which such compensation shall not be granted.

Article 6

The compensation scheme may specify a period within which any application for compensation must be made.

Article 7

Compensation may be reduced or refused on account of the applicant's financial situation.

Article 8

1 — Compensation may be reduced or refused on account of the victim's or the applicant's conduct before, during or after the crime, or in relation to the injury or death.

2 — Compensation may also be reduced or refused on account of the victim's or the applicant's involvement in organized crime or his membership of an organization which engages in crimes of violence.

3 — Compensation may also be reduced or refused if an award or a full award would be contrary to a sense of justice or to public policy («ordre public»).

Article 9

With a view to avoiding double compensation, the State or the competent authority may deduct from the compensation awarded or reclaim from the person compensated any amount of money received, in consequence of the injury or death, from the offender, social security or insurance, or coming from any other source.

Article 10

The State or the competent authority may be subrogated to the rights of the person compensated for the amount of the compensation paid.

Article 11

Each Party shall take appropriate steps to ensure that information about the scheme is available to potential applicants.

PART II International co-operation

Article 12

Subject to the application of bilateral or multilateral agreements on mutual assistance concluded between Contracting States, the competent authorities of each Party shall, at the request of the appropriate authorities of any other Party, give the maximum possible assistance in connection with the matters covered by this Convention. To this end, each Contracting State shall designate a central authority to receive, and to take action on, requests for such assistance, and shall inform thereof the Secretary General of the Council of Europe when depositing its instrument of ratification, acceptance, approval or accession.

Article 13

1—The European Committee on Crime Problems (CDPC) of the Council of Europe shall be kept informed regarding the application of the Convention.

2 — To this end, each Party shall transmit to the Secretary General of the Council of Europe any relevant information about its legislative or regulatory provisions concerning the matters covered by the Convention.

PART III Final clauses

Article 14

This Convention shall be open for signature by the member States of the Council of Europe. It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.