Brussels, 08 February 2023
Interinstitutional files:
2022/0066 (COD)
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This is a paper intended for a specific community of recipients. Handling and
further distribution are under the sole responsibility of community members.
NOTE
From:
Presidency
To:
Delegations
N° Cion doc.:
ST 7042 2022 ADD 1 + ST 7042 2022 ADD 2 + ST 7042 2022 ADD 3
+ ST 7042 2022 ADD 4 + ST 7042 2022 ADD 5 + ST 7042 2022 INIT +
COM(2022)105 final; SEC(2022)150 final; SWD(2022)60 final; SWD(2022)61
final; SWD(2022)62 final; SWD(2022)63 final
Subject:
Proposal for a Directive of the European Parliament and of the Council on
combating violence against women and domestic violence -
Presentation and exchange of views on a revised draft, submitted by the Presidency,
of Chapters 3 and 4
With respect to Article 26 (Compensation from offenders), page 16, a new footnote is added, as set out in
the Annex.
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EN

New footnote concerning Article 26 (Compensation from offenders)
Commission suggestions concerning Article 26
1.
Member States shall ensure that victims have the right to claim full compensation from
offenders for damages resulting from all forms of violence against women or domestic
violence.
2.
Member States shall ensure that victims are able to obtain a decision on compensation
in the course of within criminal proceedings.
3.
The compensation shall place the victims in the position they they would have been in
had the offence not taken place, taking into account the seriousness of the consequences
for the victim. Compensation shall not be restricted by the fixing of an upper limit.
4.
The damage shall include costs for healthcare services, support services, rehabilitation,
loss of income and other reasonable costs that have arisen as a result of the offence or to
manage its consequences. The amount of the damages awarded shall also compensate
for physical and psychological harm and moral prejudice.
5.
The limitation period for bringing a claim for compensation shall be no less than 5 years
from the time the offence has taken place.
Where anIn cases of sexual violenceoffence covered by this Directive is sanctioned
with a minimum of the maximum penalty of [3] years, the limitation period shall be
no less than 10 years.
The limitation period for bringing a claim for compensation of criminal offences
referred to in Article 7 shall commence with the victim’s knowledge of the offence.
The limitation period shall not commence as long as the offender and the victim share
the same residence domestic unit on a permanent basis. In addition, if the victim is a
child, the limitation period shall not commence before the victim has reached 18 years
of age.
The limitation period shall be interrupted or suspended for the duration of pending legal
proceedings concerning the offence.
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