Violent offences often have permanent negative effects for the lives of those affected and their families. What many people do not know: If you have suffered damage to your health or lost a close relative as a result of a violent offence, you can claim compensation from the State. These claims are governed by Book Fourteen of the Social Code.

Benefits

The benefits provided under Book Fourteen of the Social Code include the following:

• immediate assistance in the form of readily available psychological counselling and care in out-patient trauma clinics throughout Germany
• competent support during administrative proceedings through case management
• healthcare and long-term care services
• benefits to promote participation (e.g. social participation in everyday life)
• special benefits in individual cases (e.g. subsistence benefits)
• monthly compensation payments (e.g. pension payments)
• compensation for loss of earnings and further benefits (in the event of blindness; transfer and funeral costs).

Requirements

Benefits under Book Fourteen of the Social Code are provided if:

1. a harmful event (e.g. robbery or abuse)
2. that results in health damage (e.g. a broken leg or shock)
3. causes health-related consequences (e.g. a walking disability or psychological trauma) and/or financial consequences (e.g. loss of income).

Another general requirement is that the violent act was committed in the Federal Republic of Germany, or on board a German ship or German aircraft. Foreign nationals who have become victims of a violent act in Germany may also be entitled to benefits under Book Fourteen of the Social Code. Victims can receive benefits even if the offender has not been convicted.

Important: Criminal complaints and requests for criminal prosecution

In order to have a claim for social compensation, those affected must do everything possible and reasonable to help resolve the case. It is therefore advisable to file a criminal complaint with the police or with the public prosecutor’s office as soon as possible, unless investigations have already been initiated. There is no time limit for filing an application for social compensation. However, benefits are only provided from the date when the application is filed. You should therefore file the application for social compensation as soon as possible with the Land Pension Office that is responsible for your place of residence.

Damage which cannot be compensated under Book Fourteen of the Social Code

Compensation for damage to property and other assets is not available under Book Fourteen of the Social Code. Furthermore, Book Fourteen of the Social Code does not provide compensation for pain and suffering. Nor are benefits granted to injured persons who have caused the damage themselves or who have not done everything possible and reasonable to help solve the case.

Support in cases of criminal offences abroad

Victims may also be entitled to compensation under Book Fourteen of the Social Code if the violent act was committed abroad. In such cases, victims are entitled to compensation benefits, albeit to a lesser extent.

Victims of violent offences committed abroad should also try to get help from the country in which the loss or injury occurred. Benefits from that country have priority over the benefits provided under Book Fourteen of the German Social Code. If the violent offence took place in a Member State of the EU, you can file your application for foreign compensation with the help of the German assisting authority.

Further information on social compensation law in Germany can be found on the website of the Federal Ministry of Labour and Social Affairs or in the brochure on Book Fourteen of the Social Code (available in five languages).

If you have specific questions about Book Fourteen of the Social Code, please contact the nearest branch of the Land Pension Office.