Lawyers: The state may grant damages for the losses suffered during the protests

In the event that insurance companies refuse to pay damages for vehicles or other assets which were damaged during the protests, in cases where insurance policies do not cover riots or strikes, the Romanian government may grant damages for losses resulting from the protests, law firm "Pachiu şi Asociaţii" (Pachiu and Associates) writes in a press release.

According to the law, the compensation which may be granted for the losses resulting from the destruction of goods as a result of violent offenses is the equivalent of ten minimum gross wages, as calculated for the year when the victim filed its complaint requesting financial compensation, says Adelina Şomoiag, Associate at Pachiu şi Asociaţii. She said that in the event the victim was awarded a partial compensation to be paid by the offender (when the identity of the offender is known) or by the insurer, these amounts will be mandatorily subtracted from the quantum of the damages.

The situations where the Romanian government can grant so-called "financial compensations" to crime victims are stipulated in the law no. 211/2004 concerning measures to ensure the protection of crime victims.

• The steps to follow

Adelina Şomoiag enumerated the steps to follow, in order to benefit from the provisions of this law: "1. The first condition is to file a complaint with the law enforcement institutions describing the losses you suffered as a result of the crime. According to the law, such a complaint must be filed within 60 days side from the date when the incident occurred. The complaint can be submitted to the police precinct nearest to the victim.

2. The physical damages suffered must result from the destruction, degradation or rendering unusable of the victim's goods, or from the theft of the good.

3. After the beginning of the legal proceedings, if the offender is known, it is essential that the victim demand the recouping of the losses from the defendant. Such a request can be made throughout the entire duration of the prosecution or in court, until the reading of the indictment.

4. After the end of the criminal lawsuit, either through a definitive decision of the court, or through the prosecutor's warrant, the victim must file a new lawsuit with the nearest court, requesting the granting of damages, according to the provisions of the law no. 211/2004. The decision can be appealed with the Court of Appeal, within 15 days from the notification of the ruling.

According to the aforementioned press release, once the court ruling becomes final, the money will be received within 15 days, with the amount being guaranteed by the financial departments of the Courts.

The provisions of the Law no. 211/2004 also apply if the offender is unknown, in which case the request for compensation must be rendered by the aggrieved person within 3 years from the date the prejudice occurred.

If the offender is known, the request for the granting of financial compensations will be prescribed within one year from the moment that the court ruling/ Prosecutor's Ordinance has become definitive.

The lawyers emphasize that the petition for the granting of financial compensation in any of the two aforementioned cases, is exempt from judicial stamp duty.