Financial Compensation for Crime Victims in Israel

Crime victims in Israel are entitled to claim financial compensation from those responsible for damages caused by crimes committed against them. The law establishes several avenues and paths for obtaining compensation. Some are available within the criminal process, while others require a separate civil lawsuit to claim financial compensation. This article details these various avenues and their differences.

Our law firm specializes in tort law and represents crime victims who wish to receive compensation. We provide our clients with comprehensive support and guidance to protect their rights as victims of crime. We have extensive experience representing victims in civil claims across all judicial forums.

Crime Victims Are Not Parties to the Criminal Process — What Solutions Are Available to Them Regardless?

Criminal offenses usually have wide-reaching consequences. Most offenses under Israeli law are committed against another person and, as such, involve crime victims. These victims may suffer various damages, including property damage (e.g., in cases of burglary, theft, or vandalism), bodily harm (e.g., in cases of sexual offenses and violence), and even loss of life (e.g., in homicide cases). Damages can be tangible, such as covering medical expenses or caregiving costs, as well as intangible, such as pain and suffering experienced by the victims.

The Israeli legal system is designed so that criminal proceedings against offenders are generally handled by the state’s enforcement authorities (primarily the State Attorney’s Office and the Israel Police). As a result, crime victims are not parties to the criminal process and cannot claim financial compensation within it. The law addresses this issue and provides several ways to receive compensation:

Civil Claims for Compensation by Crime Victims

This is the primary route pursued by crime victims. No statutory maximum is set for the compensation amount, which is instead calculated based on the extent of the damage. This avenue allows victims to sue the perpetrator of the offense, even if they were not convicted in the criminal process or did not stand trial. Additionally, it may be possible to sue other parties responsible for the damages besides the offenders themselves or for events related to the harm that were not included in the indictment. Family members or close relatives of crime victims may also be eligible to seek compensation, for example, in homicide cases or certain instances where they have suffered emotional damage.

Awarding Compensation Within the Criminal Process

According to the Penal Code, a court that has convicted a defendant in a criminal case may require them to compensate the crime victims affected by the offense. In this scenario, the compensation amount will not exceed 258,000 ILS. As the victims are not parties to the process, the compensation is awarded solely at the court’s discretion.

The law differentiates between adult and minor victims of crime. For adult victims, if the convicted offender does not pay the compensation, collection is handled by the state. Crime victims are entitled to legal assistance when dealing with the Collection Center regarding this matter. For victims who were minors at the time of the crime, they are entitled to receive an advance payment of 10,000 ILS towards the full compensation amount. If the awarded amount is higher and not paid on time, an enforcement procedure must be initiated to collect the full amount.

Incidental Claim to the Criminal Process

If a conviction has been handed down against the offender, an incidental claim may be filed, constituting a civil claim in a more expedited process since it is usually submitted to the same court that convicted the offender in the criminal case. Therefore, the claim does not address the issue of responsibility for committing the crime but instead focuses on the damage caused to the victims. However, this route is time-restricted for filing and limits who may be sued. For further information, see our detailed article on this topic published on our website.

The methods detailed above are the primary avenues provided by law for obtaining financial compensation for crime victims. It is crucial to understand them in-depth to select the optimal path. If you are unsure of the best course of action for this critical matter, it is advisable to seek the assistance of a lawyer specializing in this field.

Contact a Lawyer Specializing in Tort Law and Civil Claims

If you wish to understand your rights as a crime victim and how to seek financial compensation, we would be happy to assist you. Contact our offices in Jerusalem or Tel Aviv for legal consultation and support. We specialize in providing legal services for crime victims and representing them before the various judicial forums.

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03-3724722

055-9781688

office@lawoffice.org.il