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Henkirikosuhrin läheisen korvaussuoja rikosvahinkolain valossa
(2021)
varoista muutettiin korvaukseen henkilövahingosta johtuvista sairaanhoitokuluista, muista kuluista sekä ansionmenetyksestä. Tarkoituksena on arvioida sitä, onko henkirikosuhrin läheisten korvaussuoja riittävä, vai tulisiko sitä muuttaa ja miten...
This thesis considers the homicide victim’s near relative’s rights for the compensation paid from state funds for damage caused by a criminal offence. The main focus is on the Act on Compensation for Crime Damage (ACCD) legislative amendment in 2006, when the homicide victim’s near relative rights for compensation for suffering was removed. It was replaced by a right for the medical costs, other costs and loss of income by personal injury. The purpose of this thesis is to evaluate whether the protection given by the ACCD is sufficient, or should it be changed and how. This thesis provides information on criminal injury compensation to the homicide victim’s near relative and for professionals who works for the victim’s families but also for people who work on legislative work. The method that was mainly used in this thesis was legal dogmatics, which was concerned with the law in force and additionally part of this thesis has utilized qualitative research, (for example for the interviews). The theoretical framework firstly examined homicides in Finland which has decreased by 53 percent from the years 2000 to 2019. The background at the time of legislative amendment had changed considerably. This is followed by the review of Tort Liability Act, which defines what homicide victim’s near relative can claim from the offender at trial. In addition, the Court of Appeal of Eastern Finland sentencing and compensation policy was assessed. After that the ACCD was evaluated through government proposals and reports of the impacts of amendment. In addition, a few other Nordic countries’ Acts on Compensation for Crime Damage were considered. The attorneys’ views on the adequacy of the compensation protection are raised through the interviews and confirmation of the importance of this subject has also been obtained from interviewees. The result of the thesis consider that the homicide victim’s near relative compensation protection is not adequate in all respects and should be developed. However, a change to the compensation for suffering, is not essential and the protection can be improved in other ways. If there is to be a possible amendment it will be necessary to evaluate the state’s economic resources....
This thesis considers the homicide victim’s near relative’s rights for the compensation paid from state funds for damage caused by a criminal offence. The main focus is on the Act on Compensation for Crime Damage (ACCD) legislative amendment in 2006, when the homicide victim’s near relative rights for compensation for suffering was removed. It was replaced by a right for the medical costs, other costs and loss of income by personal injury. The purpose of this thesis is to evaluate whether the protection given by the ACCD is sufficient, or should it be changed and how. This thesis provides information on criminal injury compensation to the homicide victim’s near relative and for professionals who works for the victim’s families but also for people who work on legislative work. The method that was mainly used in this thesis was legal dogmatics, which was concerned with the law in force and additionally part of this thesis has utilized qualitative research, (for example for the interviews). The theoretical framework firstly examined homicides in Finland which has decreased by 53 percent from the years 2000 to 2019. The background at the time of legislative amendment had changed considerably. This is followed by the review of Tort Liability Act, which defines what homicide victim’s near relative can claim from the offender at trial. In addition, the Court of Appeal of Eastern Finland sentencing and compensation policy was assessed. After that the ACCD was evaluated through government proposals and reports of the impacts of amendment. In addition, a few other Nordic countries’ Acts on Compensation for Crime Damage were considered. The attorneys’ views on the adequacy of the compensation protection are raised through the interviews and confirmation of the importance of this subject has also been obtained from interviewees. The result of the thesis consider that the homicide victim’s near relative compensation protection is not adequate in all respects and should be developed. However, a change to the compensation for suffering, is not essential and the protection can be improved in other ways. If there is to be a possible amendment it will be necessary to evaluate the state’s economic resources....
