The purpose of the victim support service is to maintain or improve a victim’s ability to cope. For improved coping, a victim needs both emotional support and information on the forms of assistance available (such as psychological counselling, legal assistance etc), and guidance on how to address the organisations. If a victim is assisted in due course, his/her coping ability can be maintained.

To improve the victim support service, the government has decided to initiate a new law regulating the organisation of victim support and state compensation to victims of crime. So far, the main focus has been on the criminal and his/her punishment. However, punishment of the criminal does not alleviate the victim’s situation greatly.

The Victim Support Act entered into force on 1 January 2004; the part covering victim support services entered into force on 1 January 2005.

The law provides for the establishment of a network of victim support centres in all counties. Victim support centres are located on police premises and, for the time being, partly on Pension Board premises. The main duty of regional victim support services is to create and employ a network of organisations in the region which offer assistance and services to victims of crime, and to develop and strengthen this network where possible.

The newly created victim support centres employ 35 victim support co-ordinators who have undergone two-month training to obtain systematic knowledge and skills in victim support work so as to be able to organise the provision of victim support services to victims and be able to incorporate the regional victim support system into the nationwide network.

According to the new law, all persons who have fallen victim to negligence, mistreatment or physical, mental or sexual abuse, i.e. all those to whom suffering or injury have been caused, are entitled to victim support. A crime is not a prerequisite for victim support.

The circle of those entitled to compensation has also been extended. Compensation is now also available to victims of violent crimes committed through negligence (earlier, compensation was available only to victims of intentionally committed crimes). The degree of the criminal offence (such as whether serious health damage has been suffered or not) is determined by forensic medical examination. After a forensic medical examination report is prepared, the victim must address the local Pension Board office for compensation.

The rights of European Union citizens have also been extended, regardless of their permanent place of residence (such as tourists), alongside the rights of citizens of the countries which have joined the European Convention on the Compensation of Victims of Violent Crimes. However, the rights will be extended to the parties to the Convention after Estonia has joined it.

Compensation for a victim’s funeral expenses and medical treatment expenses is now available to the persons who actually incurred these expenses. So far, these expenses were compensated in the event of the victim’s death only to the victim’s dependents, which in reality resulted in a situation where a victim’s children were entitled to compensation, but when a child was killed, no compensation was available to the parents.

Besides the expenses of restoring physical health, the cost of restoring mental health is also compensated. The law also extends compensation for medical treatment expenses to psychological counselling and psychotherapy.

A fixed amount has been set for compensation of funeral expenses – 448 euros. The change simplifies the procedure for receiving compensation, since there is now no need to justify each expense incurred for the funeral – which was a major source of dispute between applicants and officials in the past. The amount of funeral expenses subject to compensation is based on minimum funeral expenses, of which 80% is compensated (it is the general principle of the law that 80% of the incurred expenses are compensated).

Compensation payable to the dependents of a victim have increased.

• 75% to one dependent (instead of the former 25%);
• 85% to two dependents (instead of the former 50%); 
• a total of 100% to three or more dependents.

Applications for compensation should be filed with the local Pension Board office. The application has to be filed with the Pension Board office within one year of the crime or the victim’s death.

Applications submitted later will be reviewed:

1. if the dependent learned about the victim’s death more than six months after the date of death and the application is filed within one year of the date when the applicant learned about the victim’s death;
2. if the applicant’s health disorder lasted for more than six months and the applicant was not able to file the application in due course because of his/her state of health, and if the application is filed within one year of an improvement in the state of health.

The amount of compensation is based on the property damage caused by a violent crime:

1. damage arising from the incapacity to work;
2. the victim’s medical treatment expenses;
3. damage arising from the victim’s death;
4. damage caused to spectacles, dentures, contact lenses and other appliances substituting for bodily functions and to clothes;
5. the victim’s funeral expenses.

Under the Victim Support Act, 80% of the property damage incurred under the above circumstances will be compensated, but the compensation shall not exceed 9 590 euros.

 Victim Assistance Act