Crime Victim Compensation in Poland: Up to 25,000 zl, 5 Years
Short answer: A crime victim in Poland can claim up to PLN 25,000 from a district court within 5 years, with no court costs, even if the offender is unknown, says the e-Justice Portal.
If you are the victim of a serious crime in Poland, the state may pay you compensation through a district court, even if the offender is never found. The rules are set out on the Polish country page of the European e-Justice Portal, which this guide follows. The page is undated, so check current limits with the Ministry of Justice or the prosecutor handling your case before you file.
Which crimes qualify
According to the e-Justice Portal, you can receive compensation if a crime caused grievous bodily injury, impairment of the functioning of a bodily organ, or a health disorder, lasting in each case for more than 7 days. It does not matter whether the crime was intentional or unintentional, or violent or non-violent. What counts is the effect on your health.
If the victim died, the portal lists who can claim: a child, grandchild or great-grandchild, a parent, grandparent or great-grandparent, and a spouse or cohabitee. Dependency on the victim is not required. If the victim survived, only the victim can claim.
Does nationality matter?
The portal says it does not. Entitlement depends on where you permanently reside: in Poland or in another EU Member State. You can only claim before a Polish authority if the crime happened in Poland. If it happened in another EU country, the portal says you can claim only there, and you can ask the Regional Public Prosecutor for your place of residence for help.
Report the crime first
The portal says the crime should be reported to the police or the prosecutor, because a copy of the report must be attached to the claim. You do not have to report in person. You can file the claim before the criminal case ends, and the court can decide before the criminal proceedings are concluded.
You are entitled to compensation whether or not the offender is identified or convicted. In that case you have to show during the compensation proceedings that the incident was a crime.
What is covered and what is not
The portal's list for the victim says yes to loss of earnings during and after treatment, and to permanent injury. It says no to stolen or damaged property, to legal and court costs, and to pain and suffering. For relatives of a victim who died, it says yes to funeral and medical costs and loss of maintenance, and no to the relatives' own pain and suffering.
Limits, deadline and payment
- Maximum: PLN 25,000, or PLN 60,000 if the victim died. The portal says there is no minimum.
- Deadline: the claim must be submitted within 5 years of the date of the crime. Late claims are not examined.
- Payment: a single payment from the court, within 1 month of the decision becoming final.
- Court costs: you are fully exempt, including expert opinion fees.
When the state pays
The main condition is that you cannot get compensation from the offender, from a social assistance institution or from an insurance policy. Your income is irrelevant. Money you did receive from those sources for funeral costs, lost earnings, treatment or rehabilitation is deducted. If your own conduct contributed to the crime, the amount is reduced in proportion. You get nothing if you were an accomplice or agreed to bear the consequences.
How to file
The claim goes to the district court (sąd rejonowy) for your place of residence. Attach a copy of the crime report, any criminal case decisions such as a discontinuance, medical certificates or expert opinions, and bills or other proof. For a death, add the death certificate and proof of your relationship. A cohabitee attaches a declaration under penalty of perjury that they lived together.
The prosecutor handling the crime gives you a claim form template and explains how to fill it in. The portal also says the form is on the Ministry of Justice website. You state the amount you want in the form. Costs are best shown with bills, and if you have none you can ask for witnesses or experts.
Before the claim is examined you can ask for an advance for treatment, rehabilitation or funeral costs. The portal sets no deadline for the decision. If you disagree with it, you can appeal to the regional court.
What the source does not cover
The page does not say whether foreigners without permanent residence in an EU state can claim, and it does not say what language the forms must be in. Ask the prosecutor early and plan for a sworn translation of foreign documents.
* Photos: Prokuratura Okręgowa in Bielsko-Biała and Sąd Rejonowy in Bielsko-Biała, fotopolska.eu via Wikimedia Commons, public domain.
Frequently asked questions
Do I need a lawyer to claim?
The portal does not require one. It says the prosecutor handling the case helps with the form, and legal aid exists for people who cannot afford a lawyer.
Can I claim if the offender was never caught?
Yes. The portal says you are entitled to compensation regardless of whether the offender was identified or convicted, but you must prove in the proceedings that the incident was a crime.
Does compensation cover pain and suffering?
No. The portal's list answers no for the victim's pain and suffering and for relatives' pain and suffering.
How long does a decision take?
The portal says no time limit is set. It depends on the complexity of the case, the evidence needed and the court's workload.
