Guidance

Criminal injuries compensation scheme in Portugal

Updated 17 October 2022

About the criminal injuries compensation scheme

In Portugal, it is the responsibility of the perpetrator of a crime to pay compensation to the victim. In some cases, the State may pay damages in recognition of the victim’s inability to receive compensation from the perpetrator during the criminal proceedings. Any amount awarded is not intended to replace any compensation the perpetrator is ordered to pay by the court.

The Commission for the Protection of Victims of Crime is responsible for assessing claims and granting awards which meet the criteria below.

Eligibility

You can apply for compensation if:

• you are the victim of a violent crime that is punishable with a maximum prison sentence of 5 years or more

• you are the dependent of a victim who has died from their injuries

• you have assisted the victim of a violent crime or cooperated with the authorities to prevent a crime and have suffered serious injuries as a result

• you are the victim of domestic abuse as defined by Article 152 of the Portuguese Criminal Code

Please note that damages will not be awarded under this scheme to the victims of road traffic or industrial accidents. In these cases, a claim should be made to the insurance company.

Victims of Violent Crime

Application requirements

If you have suffered a serious physical or mental injury as a direct result of a violent crime, you can apply for damages under this scheme. You must meet all of the following conditions:

• your injury has left you permanently incapacitated or you have been unable to work for at least 30 days

• your injury has had a considerable effect on your lifestyle

• you have not obtained compensation through the criminal proceedings or it is likely that the perpetrator will be unable to pay compensation, and sufficient recompense is not available from any other source

If you are applying as the dependent of a victim who has died, you must show that

• the victim has died from their injuries

• the victim’s death has had a considerable effect on your lifestyle

• you have not obtained compensation through the criminal proceedings or it is likely that the perpetrator will be unable to pay compensation, and sufficient recompense is not available from any other source

You will need to show that you have applied for compensation through the criminal process, even if you think compensation will not be awarded or the perpetrator will not be able to pay.

Unidentified perpetrators

You can submit an application for damages under this scheme even if you don’t know who committed the offence, or if there is insufficient evidence to charge or convict the suspect.

Maximum amount awarded

The maximum amount currently awarded under this scheme is €34,680. This amount may be paid, for example, to the dependent of a victim who has died or to a victim who has suffered serious, life-changing injuries. When deciding on the amount of damages, the Commission will take into account any payments already received from other sources, including from the perpetrator and social security.

If you have not applied for compensation through the criminal process, or you have withdrawn your application, the maximum amount awarded will be reduced by 50%.

Victims of domestic abuse

Application requirements

You can apply for damages under this scheme if you are the victim of domestic abuse as defined by Article 152 of the Portuguese Criminal Code, and you are experiencing severe financial hardship because of the abuse you have suffered.

Maximum amount awarded

The maximum amount currently awarded under this scheme is equivalent to the national minimum wage, paid monthly for a period of 6 months, renewable for a further period of 6 months.

Procedures for applying for damages under this scheme

You should apply online at the Commission for the Protection of Victims of Crime.

You must complete the form in Portuguese. If you send any documentation that is in another language you must attach a translated version.

There is no fee for making an application and you do not have to appoint a lawyer to represent you.

Deadline for applying

You should apply within one year of the date of the incident. If criminal proceedings have started, the President of the Commission can extend this period for up to one year after the decision in any criminal proceedings has been reached.

If the victim is a minor when the crime take places, an application can be made in the year after the minor has reached 18.

Further sources of information

The Commission for the Protection of Victims of Crime (in Portuguese)

APAV – Portuguese Victim Support