With the promulgation of Law No. 1.555 of 14 December 2023 on compensation for victims of sexual offences, crimes and offences against children, domestic violence and other offences against individuals, the Principality of Monaco has acquired a key tool to ensure the effectiveness of the rights of victims of criminal offences and guarantee their compensation.
From now on, victims of crimes against individuals who encounter difficulties in obtaining payment of damages awarded to them by the Courts may be compensated directly by the Monegasque State.
This compensation may be awarded to any natural person who can prove that they have an enforceable decision of a Monegasque court as well as to persons of Monegasque nationality who have an irrevocable decision of a foreign court. This decision must award a reparation or a provision for an offence against individuals, such as: assault and battery, threats, sexual harassment, rape, sexual assault, abuse of weakness, invasion of privacy, homicide, terrorism, etc.
The aim of this new system is to provide effective criminal responses to victims who are faced with defaulting offenders (insolvent, without a known address, opposed to any settlement), without releasing the latter from their obligation to pay the sums charged to them.
Once compensation has been granted and paid to the victim, the Monegasque State will be subrogated to the victim's rights to exercise all actions and measures to recover the sums paid against the perpetrator.
Although this law will not come into force until the end of March 2024, compensation may be awarded in respect of sentences that become enforceable on or after 30 December 2023.
This is a fundamental step forward in terms of respect for victims' rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
