Crime victims and the right to compensation: International standards and challenges in Serbia

In this paper author sheds a light to the right to compensation for crime victims in Serbia, analyzing it from the multiple perspective: the relevant international standards, applicable national legal framework, the current state of play in the practice of Serbian courts, the recent progress made, a...

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Main Author: Kolaković-Bojović Milica
Format: Article
Language:English
Published: University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade 2025-01-01
Series:Crimen (Beograd)
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2025/2217-219X2501110K.pdf
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author Kolaković-Bojović Milica
author_facet Kolaković-Bojović Milica
author_sort Kolaković-Bojović Milica
collection DOAJ
description In this paper author sheds a light to the right to compensation for crime victims in Serbia, analyzing it from the multiple perspective: the relevant international standards, applicable national legal framework, the current state of play in the practice of Serbian courts, the recent progress made, as well as in term of the remaining challenges. The analysis shows that even though the national legal framework on compensation for crime victims provides for the solid ground for exercising this right, the reality seems to be quite different. Discouraged by the practice of regular referral to the civil proceedings, paired with a lack of legal aid in the process of claiming compensation or even discouraged by lawyers who represent them, victims are not skilled, empowered and/or supported enough to submit a compensation claim in criminal proceeding and pass through this process saved by a various protective measures that belongs to victims in criminal proceedings and especially those that are especially vulnerable. Neither legal nor institutional set up allows for compensation from a state fund in cases when there is no possibility for a victim to be compensated from an offender from various reasons (offender unknown or died or has no resources/property).
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institution Kabale University
issn 2217-219X
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language English
publishDate 2025-01-01
publisher University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade
record_format Article
series Crimen (Beograd)
spelling doaj-art-b299ae67a8ab4235ae3d97f85705bb562025-08-20T03:28:52ZengUniversity of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, BelgradeCrimen (Beograd)2217-219X2683-58002025-01-0116111012310.5937/crimen2501110K2217-219X2501110KCrime victims and the right to compensation: International standards and challenges in SerbiaKolaković-Bojović Milica0https://orcid.org/0000-0002-3130-5128Institut za kriminološka i sociološka istraživanja, Beograd, SerbiaIn this paper author sheds a light to the right to compensation for crime victims in Serbia, analyzing it from the multiple perspective: the relevant international standards, applicable national legal framework, the current state of play in the practice of Serbian courts, the recent progress made, as well as in term of the remaining challenges. The analysis shows that even though the national legal framework on compensation for crime victims provides for the solid ground for exercising this right, the reality seems to be quite different. Discouraged by the practice of regular referral to the civil proceedings, paired with a lack of legal aid in the process of claiming compensation or even discouraged by lawyers who represent them, victims are not skilled, empowered and/or supported enough to submit a compensation claim in criminal proceeding and pass through this process saved by a various protective measures that belongs to victims in criminal proceedings and especially those that are especially vulnerable. Neither legal nor institutional set up allows for compensation from a state fund in cases when there is no possibility for a victim to be compensated from an offender from various reasons (offender unknown or died or has no resources/property).https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2025/2217-219X2501110K.pdfcompensationreparationcompensation claimcrime victims
spellingShingle Kolaković-Bojović Milica
Crime victims and the right to compensation: International standards and challenges in Serbia
Crimen (Beograd)
compensation
reparation
compensation claim
crime victims
title Crime victims and the right to compensation: International standards and challenges in Serbia
title_full Crime victims and the right to compensation: International standards and challenges in Serbia
title_fullStr Crime victims and the right to compensation: International standards and challenges in Serbia
title_full_unstemmed Crime victims and the right to compensation: International standards and challenges in Serbia
title_short Crime victims and the right to compensation: International standards and challenges in Serbia
title_sort crime victims and the right to compensation international standards and challenges in serbia
topic compensation
reparation
compensation claim
crime victims
url https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2025/2217-219X2501110K.pdf
work_keys_str_mv AT kolakovicbojovicmilica crimevictimsandtherighttocompensationinternationalstandardsandchallengesinserbia