Ohvriabi seadus (OAS)

§ 1. Scope of regulation of Act

This Act provides the organisational and legal grounds for state support for victims, and the conditions and organisation of financing and oversight thereof.

§ 2. Purpose of Act

The purpose of this Act is to maintain or restore the ability to cope and sense of security of natural persons who have been harmed due to a crime, violence or event of crisis, and to prevent recurrence of violence through provision of services and compensations by way of victim support.

§ 3. Application of other Acts

(1) The provisions of the General Part of the Social Code Act apply to the social protection prescribed in this Act, taking account of the special rules provided in this Act.

(2) When providing victim support to a minor victim, the provisions of the Child Protection Act apply, taking account of the special rules provided in this Act.

§ 4. Victim support and victim

(1) For the purposes of this Act, victim support means a system of victim support services organised by the state and compensations for victims of crime.

(2) For the purposes of this Act, a victim means a person who is harmed or dies as a result of a crime, violence or event of crisis.

(3) For the purposes of this Act, a victim of trafficking in human beings means a person who is a victim in criminal proceedings commenced on the elements of a crime provided in § § 133–133³, 138–140 or 175 of the Penal Code or a person who would be deemed a victim in criminal proceedings commenced on the elements of another similar crime provided in the penal code in force in a foreign state.

(4) For the purposes of this Act, a victim of violence against women means a woman to whom, as a result of domestic violence or gender-based violence committed against her or such threatening, including coercion or arbitrary deprivation of liberty, physical, sexual, psychological or economic harm or sufferings in public or private life have been caused.

(5) For the purposes of this Act, a victim of domestic violence is a person who has experienced acts of physical, sexual, psychological or economic violence in a family or cohabitation or by a former or current spouse or partner, regardless of whether the perpetrator of the act of violence lives or has lived in the same place of residence as the victim.

(6) For the purposes of this Act, a victim of sexual violence is a person with regard to whom sexual acts have been performed without their consent or who has been forced to engage in sexual acts with a third person or who has been sexually abused.

(7) For the purposes of this Act, a victim of a terrorist offence is a person who is a victim in criminal proceedings commenced on the elements of a crime provided in § 237 of the Penal Code, where criminal proceedings are commenced in the Republic of Estonia, or a person specified in subsection 1 of § 3 of the General Part of the Social Code Act who would be considered a victim of an act which corresponds to the elements of a crime provided in § 237 of the Penal Code which has been committed in a foreign state.

§ 5. Principles of treatment of victim

When working with a victim:

1) the nature of the event experienced by the victim, the victim's immediate needs, age, sex, possible disability and maturity, relationship with or dependence on the perpetrator of the violence must be taken into account, while respecting the victim's physical, mental and moral integrity;

2) in the case of a minor victim, it is important to proceed from the interests of the child;

3) the victim must be informed of their rights and possibilities to receive support;

4) communication with the victim must be in clear and comprehensible language;

5) it must be ensured that the victim is heard and supported, taking account of the impact of the violence, crime or event of crisis on the victim's behaviour and ability to receive support;

6) re-victimisation must be avoided;

7) the victim has to be involved in all stages of the provision of support;

8) the victim's situation and need for support have to be assessed comprehensively;

9) support has to be ensured to the victim in as accessible manner as possible.

§ 6. Ensuring availability of information on victim support

Information on the possibilities to receive victim support must be available at the Social Insurance Board, local authorities, police, rescue, health care, welfare, educational institutions and youth work agencies, prosecutor’s office and court and other relevant agencies and their websites.

§ 7. Transmission of victim’s data to Social Insurance Board for victim support

(1) Where, in criminal proceedings, it is established that a victim has a need for special treatment and protection, the body conducting proceedings transmits the data relating to them to the Social Insurance Board for victim support as soon as possible.

(2) Where a person who does not comply with the conditions specified in subsection 1 of this section needs victim support, the police or prosecutor's office transmits the data relating to them to the Social Insurance Board for victim support at the request of the person.

(3) Where a victim contacted an agency of the state or local authorities, health or social welfare institution or a corresponding specialist, including a mental health specialist, in order to receive support, the relevant agency, service provider or specialist communicates their given names and surname, contact details, type of the event and their wish to receive victim support to the Social Insurance Board.

(4) The data specified in subsections 1 and 2 of this section are:

1) the given names and surname of the victim;

2) the date of birth or personal identification code of the victim;

3) the contact details of the victim and, in the case of a person with restricted active legal capacity, the contact details of their legal representative;

4) in the case of a crime, the type of crime presumed to have been committed against the victim;

5) the type of the event;

6) the time of occurrence of the event;

7) the relationship of the victim with the perpetrator of the violence;

8) a notation concerning the participation of a minor child in the event.

(5) Where a victim specified in subsections 1–3 of this section, in the case of whom the data relating to them have been transmitted to the Social Insurance Board, does not want their data to be processed for the purpose of providing victim support, the Social Insurance Board terminates further processing of the data for the purpose of providing services as soon as it has received a respective notice from the person.

§ 8. Assessment of victim’s need for support

(1) Upon assessment of the need of a victim for support, an assessment is made of their physical, health, psychological, emotional, social and cognitive state and, on the basis thereof, of their vulnerability, in order to decide on the need for and volume of victim support services.

(2) Where, upon assessment of the need of a minor victim for support, it becomes evident that the child is in need of assistance or in danger, it must be ensured that the child is provided assistance in accordance with the rules provided in the Child Protection Act.

§ 9. Special rules for assessment of need for support of adult victim of domestic violence

(1) In the case of an adult victim of domestic violence, the risk to their life and health arising from domestic violence has to be also assessed upon assessment of the need for support.

(2) Where, as a result of the assessment provided in subsection 1 of this section, it becomes evident that an adult victim has a risk of death or serious health damage due to domestic violence (hereinafter adult victim of domestic violence who is in danger), the Social Insurance Board must also assess the risks for the victim arising from the person endangering the victim and, based on the assessment, plan suitable activities to assist the victim and mitigate the risks.

(3) Where, as a result of the assessment provided in subsection 1 of this section, the person directly providing victim support establishes that the person is an adult victim of domestic violence who is in danger, the person transmits to the Social Insurance Board the data disclosed by the victim concerning the victim, their minor children and the person endangering them for the purposes of providing the assessment provided in subsection 2 of this section, assisting the victim and mitigating risks.

§ 10. Support to adult victim of domestic violence who is in danger and processing of data relating to event

(1) In the case of an adult victim of domestic violence who is in danger, the Social Insurance Board has the right to process the personal data of the victim, their minor children and the person endangering them in order to provide the assessment provided in subsection 2 of § 9 of this Act, support the victim and mitigate risks.

(2) The personal data of an adult victim of domestic violence who is in danger are:

1) the given names, surname, personal identification code, contact details and place of residence (hereinafter general data);

2) the data concerning parenthood and guardianship;

3) the data concerning possible pregnancy;

4) the data concerning employment;

5) the severity and type of disability;

6) the medical data relating to injuries;

7) the type of violence;

8) in the case of a foreign national, the legal grounds for stay in Estonia;

9) the data concerning calls made to the Emergency Response Centre and the Police and Border Guard Board during the last year which concern or refer to domestic violence relating to the victim;

10) other relevant data relating to the event.

(3) The personal data of a minor child of an adult victim of domestic violence who is in danger are:

1) the general data;

2) the data concerning potential parenthood or guardianship;

3) the data concerning possible pregnancy;

4) the data concerning acquisition of education or employment;

5) the severity and type of disability;

6) the medical data relating to injuries.

(4) The personal data of a person who endangers an adult victim of domestic violence who is in danger are:

1) the general data;

2) the data concerning parenthood, minor children growing up in the household and guardianship;

3) the data concerning possible pregnancy;

4) the data concerning employment;

5) the severity and type of disability;

6) the health data affecting the case;

7) the type of violence;

8) in the case of a foreign national, the legal grounds for stay in Estonia;

9) the calls made to the Emergency Response Centre and the Police and Border Guard Board in connection with the person during the last year;

10) the criminal record entered in the criminal records database, including in the archives of the criminal records database;

11) the data concerning criminal proceedings concerning the suspect or accused person in progress, together with the type of the crime which is the object thereof and the time of commission thereof;

12) the preventive measures applied to the person in criminal proceedings and a prohibition of stay and communication and a restraining order applied in criminal and civil proceedings;

13) the weapons acquisition permit and weapons permit issued to the person and data concerning the weapons and ammunition owned or possessed by the person, as well as concerning the person's access to weapons and ammunition;

14) the time of leaving custody, imprisonment or inpatient coercive treatment;

15) other relevant data relating to the event.

(5) In the case of an adult victim of domestic violence who is in danger, the Social Insurance Board has the right to involve relevant authorities and specialists in order to provide an additional assessment, support the victim and mitigate risks, including for the purpose of obtaining and processing the data specified in subsections 2–4 of this section. In order to fulfil the above referred purposes, data may also be processed between the parties involved in the proceedings.

(6) The Social Insurance Board has the right to involve the following authorities and specialists for the purpose specified in subsection 5 of this section:

1) the Police and Border Guard Board;

2) the prosecutor’s office;

3) relevant local authorities;

4) relevant agencies providing victim support on the basis of an administrative contract;

5) the provider of the service of support for abandonment of violence;

6) the probation supervisor of a person who endangers the adult victim of domestic violence where the person is under probation;

7) in justified cases, another authority or specialist.

(7) Upon processing of personal data on the basis of subsections 1–4 of this section, the Social Insurance Board has the right to restrict the rights of data subjects provided in Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, pp 1–88) for up to three years in order to protect the life and health of an adult victim of domestic violence who is in danger and of their minor children.

(8) The following rights of data subjects may be restricted in accordance with subsection 7 of this section:

1) the right to know that their personal data are processed, including what personal data are processed, and the way, method, purpose, legal grounds, extent or cause of processing;

2) the right to know the recipients of their personal data and categories of personal data disclosed and whether their personal data are communicated to foreign countries or international organizations;

3) the right to object to processing of their personal data;

4) the right to know about violations relating to their personal data.

§ 11. Confidentiality obligation

Persons directly providing victim support and persons who have received information on the basis of § 10 of this Act must keep confidential the data concerning the victim and persons directly relating to the event that have become known to them upon providing victim support, unless otherwise provided by law or agreement with the victim.

§ 12. General requirements for person directly providing victim support

(1) Persons directly providing victim support are victim support workers, persons working with victims and victim support volunteers.

(2) For the purposes of this Act, a victim support worker is an official or employee of the Social Insurance Board who performs the obligations to provide victim support provided by law or other legislation.

(3) Persons directly providing victim support must comply with the following general requirements:

1) they are at least 18 years of age;

2) they have the necessary personal characteristics to provide victim support;

3) they have no criminal record for an intentionally committed crime which may endanger the life, health and property of the person entitled to receive the service;

4) they comply with the requirements provided in § 20 of the Child Protection Act, where support is provided to a child.

§ 13. Preparatory requirements for person directly providing victim support

(1) Victim support may be provided directly by a person who complies with the general requirements specified in subsection 3 of § 12 of this Act and who has the necessary professional training to provide victim support.

(2) The requirements for the professional training of a person directly providing victim support, including the requirements for education and in-service training, and the conditions and rules for organisation of in-service training are established by a regulation of the minister in charge of the policy sector.

(3) Upon provision of the basic victim support service, a victim support volunteer, in the case of whom the Social Insurance Board decides on the suitability of the preparation of the person, may participate under the supervision of a victim support worker in their spare time and without receiving remuneration.

(4) The compliance of a qualification acquired in a foreign state with the requirements provided in this Act and established on the basis of this Act is decided by the Social Insurance Board on the basis of the Recognition of Foreign Professional Qualifications Act, taking account of the special rules provided in this Act.

§ 15. Purpose and content of victim support services

(1) The purpose of victim support services is to ensure social, psychological and emotional support (hereinafter psychosocial support) to persons who have been harmed due to a crime, violence or event of crisis in order to contribute to the preservation or restoration of their sense of security and ability to cope and to prevention of further damage.

(2) Victim support services are:

1) basic victim support service;

2) psychosocial support in the event of crisis;

3) women's support centre service

4) sexual violence crisis support;

5) service for victims in human trafficking;

6) restorative justice services;

7) support for abandonment of violence;

8) mental health assistance in support of recovery from trauma.

(3) The Social Insurance Board may delegate, in part or in full, the provision of the services specified in clauses 2–7 of subsection 2 of this section relating to the performance of an administrative duty to a natural or legal person or a local authority by an administrative contract.

(4) The Social Insurance Board conducts administrative oversight of a provider of victim support.

§ 16. Special rules for provision of victim support services

(1) The support specified in clauses 1 and 2 of subsection 2 of § 15 of this Act is provided, in addition to the persons specified in subsection 1 of § 3 of the General Part of the Social Code Act, to victims of trafficking in human beings and victims of terrorist offences committed in Estonia, regardless of whether they have legal grounds for their stay in Estonia, until the due date of their obligation to leave or until they leave the country before the prescribed date.

(2) The provision of services to a victim who is a foreign national does not constitute legal grounds for their stay in Estonia and does not postpone the performance of their obligation to leave Estonia.

§ 17. Purpose and content of basic victim support service

(1) The purpose of the basic victim support service is to ensure appropriate support and assistance for victims of crime, violence or events of crisis.

(2) A basic victim support service includes the following:

1) informing the victim of possible services and protective actions;

2) counselling the victim and ensuring psychosocial support to the victim;

3) assessing the victim's need for support and ensuring a victim support service suitable for the victim and, where necessary, assistance to the victim on the basis of the principle of case management;

4) assisting the victim in communicating with state and local authorities and relevant natural and legal persons.

(3) A basic service of victim support is provided by victim support workers.

§ 18. Special rules for provision of basic victim support service in case of minor victim

(1) Where the Social Insurance Board receives a notice on the basis of subsection 1 of § 7 of this Act concerning a minor who may be in need of victim support, a victim support worker ascertains, before offering of victim support services, whether and what kind of support the local authority has provided to the victim and the person raising the victim on the basis of the Child Protection Act.

(2) The Social Insurance Board provides the basic victim support service to a minor victim of sexual violence together with the measures provided in § 29¹ of the Child Protection Act.

§ 19. Purpose and content of psychosocial support in event of crisis

(1) Psychosocial support in an event of crisis (hereinafter psychosocial crisis support) is provided to a victim of an event of crisis to enable them to cope with the event, to reduce the impact of the event on their daily activities and to restore their independent coping.

(2) For the purposes of this Act, an event of crisis is an unexpected event with large-scale impact which may result in harm to or death of persons, causing serious experiences and need for support for the majority of persons related thereto.

(3) Psychosocial crisis support includes the following:

1) 24-hour response to events of crisis;

2) assessment of the situation and initiation of co-operation with related authorities and persons;

3) identification of victims of events of crisis and assessment of their primary needs;

4) provision of psychological first aid and initiation of other psychosocial support;

5) co-operation of specialists in assisting a victim of an event of crisis.

§ 20. Transmission of data for organisation of psychosocial crisis support

(1) In an event of crisis, the Emergency Response Centre communicates to the Social Insurance Board, for the organisation of psychosocial crisis support, the location and description of the event and information concerning possible human casualties.

(2) Where a victim of an event of crisis may, due to the circumstances of the event, need victim support for the protection of their life and health or the life and health of another natural person relating to the event, the Police and Border Guard Board, the Estonian Internal Security Service or the Rescue Board transmits their data to the Social Insurance Board at the earliest opportunity.

(3) Where a victim of a terrorist offence committed in a foreign state may, due to the circumstances of the event, need victim support for the protection of their life and health or the life and health of another natural person relating to the event, the Ministry of Foreign Affairs transmits their data, where they exist, to the Social Insurance Board at the earliest opportunity.

(4) The data specified in subsections 2 and 3 of this section include the given names and surname of a victim of an event of crisis, their contact details and connection with the event of crisis.

§ 21. Purpose and content of women's support centre service

(1) The purpose of the women's support centre service is to help a victim of violence against women to escape violence, increase security and achieve independent coping.

(2) The women's support centre service includes the following:

1) readiness to provide 24-hour primary psychosocial support to a victim and their children;

2) assessment of a victim's need for support in order to decide on the need and volume of the service;

3) counselling of a victim and ensuring psychosocial support;

4) implementation of case management where a victim needs long-term and comprehensive support in order to achieve independent coping;

5) psychological counselling or psychotherapy;

6) legal aid;

7) 24-hour safe temporary accommodation for a victim and their children.

(3) The service specified in clause 7 of subsection 2 of this section is provided during the term of up to six months.

(4) The women's support centre service is provided by a team of specialists as a single service and it is available in each county.

§ 22. Purpose and content of sexual violence crisis support

(1) The purpose of sexual violence crisis support is to provide the necessary medical assistance and primary psychosocial support to a victim of sexual violence in order to contribute to the physical and psychosocial recovery of the victim.

(2) Sexual violence crisis support includes the following:

1) initial assessment of the condition of a victim in order to decide on the need and volume of the service;

2) primary psychosocial support;

3) ensuring the provision of health services necessary due to sexual violence together with the collection of forensic evidence;

4) medicinal products and aids necessary due to sexual violence;

5) psychological and other counselling of the victim.

(3) Where a victim of sexual violence is an insured person for the purposes of § 5 of the Health Insurance Act, the part of the costs of health services provided to the person that is not covered by health insurance is compensated on the basis of this Act.

§ 23. Support to minor victim of sexual violence

(1) In addition to the service specified in § 22 of this Act, the Social Insurance Board also provides the support provided in the Child Protection Act to a minor victim of sexual violence.

(2) In order to enable the provision of the support provided in the Child Protection Act, the provider of sexual violence crisis support transmits, as soon as possible, to the Social Insurance Board the data of the child in the case of whom it became evident during the provision of the service that the child had been sexually abused or such suspicion arose.

(3) The data specified in subsection 2 of this section include the given names and surname, date of birth or personal identification code of the child, the given names and surname and contact details of the person accompanying the child or, in the absence of an accompanying person, the contact details of the child and the given names and surname and contact details of an adult specified by the child, the time of provision and general summary of the service, the time of presumed abuse and initial assessment of the child's need of assistance.

§ 24. Purpose and content of human trafficking victims service

(1) The purpose of the human trafficking victims service is to contribute to the development of the victim's sense of security, physical and psychosocial recovery and to prevent re-victimisation.

(2) The human trafficking victims service includes the following:

1) readiness to provide 24-hour primary psychosocial support to the victim;

2) assessment of a victim's need for support in order to decide on the need and volume of the service;

3) implementation of case management where a victim needs long-term and comprehensive support in order to achieve independent coping;

4) counselling of a victim and ensuring psychosocial support;

5) 24-hour safe temporary accommodation;

6) catering and other necessary material assistance;

7) organisation of access to necessary health services;

8) psychological counselling or psychotherapy;

9) legal aid;

10) organisation of translation services for enabling the support specified in this subsection.

(3) Victims of trafficking in human beings are provided support until the need ceases.

(4) Where there is reason to suspect that a person may be a victim of human trafficking, the Social Insurance Board may, based on the results of the assessment provided in subsection 1 of § 8 of this Act, provide the person with the services specified in subsection 2 of this section for up to 14 calendar days until confirmation is received from the Police and Border Guard Board or the prosecutor’s office.

(5) A foreign national who has been granted a reflection period on the basis of § 205 of the Foreign Nationals Act is provided the service until the deadline of their legal stay in Estonia or their early departure. The Police and Border Guard Board immediately notifies the Social Insurance Board of the establishment of the deadline, which makes a decision on termination of the provision of services upon the expiry of the term.

(6) The provision of services to a foreign national does not constitute legal grounds for their stay in Estonia and does not postpone the performance of their obligation to leave Estonia.

(7) The Social Insurance Board terminates the provision of services to a victim of trafficking in human beings where the person has left Estonia or where the person has no legal grounds for staying in Estonia.

(8) Where a victim of trafficking in human beings is an insured person for the purposes of § 5 of the Health Insurance Act, the part of the costs of health services provided to the person that is not covered by health insurance is compensated on the basis of this Act.

§ 25. Support to minor victim of trafficking in human beings

(1) Where the age of the person who is a victim of trafficking in human beings is unknown and there are reasons to believe that the person is under the age of 18, the person is deemed to be a minor until the contrary is proved.

(2) A minor victim of trafficking in human beings may be provided the alternative care service instead of the service specified in clause 5 of subsection 2 of § 24 of this Act on the conditions and in accordance with the rules provided in the Social Welfare Act.

(3) The Social Insurance Board provides to a minor victim of trafficking in human beings, who has been sexually abused, the service provided in this Subchapter together with the measures provided in § 29¹ of the Child Protection Act.

(4) Where a victim of trafficking in human beings is an unaccompanied minor foreign national, the provisions of the Foreign Nationals Act and the Social Welfare Act concerning the provision of support to an unaccompanied minor foreign national are also taken into account in assisting them.

§ 26. Purpose and content of restorative justice services

(1) The purpose of restorative justice services is to bring together a victim and other parties involved in the event with the support of an impartial facilitator, to give them the opportunity to explain and be heard and reach an agreement through a mediated process on how to compensate for the damage caused and support the restoration of a sense of justice.

(2) Restorative justice services include the following:

1) assessment of the parties' consent to use the service and of the event in order to decide on the need and suitability of the service;

2) preparation of the parties to the event for a possible meeting;

3) choosing the appropriate method for organising a restorative justice meeting;

4) organisation of a restorative justice meeting;

5) where necessary, providing feedback to the referee to restorative justice service on the content of the restorative justice meeting and an agreement entered into.

(3) The minister in charge of the policy sector establishes by a regulation the requirements and rules for provision of restorative justice services.

§ 27. Mediation service

(1) For the purposes of this Act, a mediation service is a restorative justice service which includes the organisation of the mediation proceedings provided in § 203² of the Code of Criminal Procedure and monitoring of compliance with the conditions of the written agreement entered into as a result thereof.

(2) A mediation service is also deemed to include the organisation of the mediation proceedings and, where necessary, monitoring of compliance with the conditions of a written agreement entered into as a result of the mediation proceedings, where one of the following conditions occurs:

1) a minor has assumed an obligation to use the mediation services on the basis of clause 4 of subsection 1 of § 30 of the Code of Misdemeanour Procedure;

2) when criminal proceedings are terminated, the obligation to use mediation services has been applied to a minor with their consent on the basis of clause 5 of subsection 2 of § 201 Code of Criminal Procedure;

3) the court has applied mediation services to a minor as a sanction on the grounds of § 87 of the Penal Code;

4) no criminal proceedings have been commenced with regard to a minor on the grounds of subsection 1 of § 201 of the Code of Criminal Procedure or these have been terminated because the unlawful act was committed by a minor who was incapable of guilt on the grounds of their age;

5) no criminal proceedings have been commenced with regard to a minor on the grounds of clause 1 of subsection 1 of § 29 of the Code of Misdemeanour Procedure or these have been terminated because the unlawful act was committed by a minor who was incapable of guilt on the grounds of their age.

§ 28. Purpose and content of support for abandonment of violence

(1) The purpose of supporting abandonment of violence is to contribute to the prevention and deterring of violence through activities implemented to a perpetrator.

(2) Support for abandonment of violence includes the following:

1) assessment of the motivation and psychosocial needs of the perpetrator of an act of violence with the aim of deciding on the need and volume of the service;

2) assessment of the risk of possible continuation of violent behaviour;

3) counselling on abandoning of violence.

(3) In supporting abandonment of violence, priority must be given to the safety, support and human rights of the victim.

§ 29. Purpose and content of mental health assistance in support of recovery from trauma

(1) The purpose of mental health assistance in support of recovery from trauma is to facilitate the restoration of the psychosocial balance of a victim and to reduce the likelihood or intensity of the occurrence of mental and behavioural disorders of the victim.

(2) Mental health assistance in support of recovery from trauma includes psychological and psychotherapeutic support.

§ 30. Persons entitled to mental health assistance in support of recovery from trauma

(1) The following persons are entitled to mental health assistance in support of recovery from trauma:

1) the victim of crime where criminal proceedings have been commenced with respect to the act committed against the victim;

2) the victim of domestic violence or sexual violence;

3) the child, grandchild, parent and other person raising the child, grandparent, sister, brother, person who is or has been married to or in a permanent partnership with the victim specified in clauses 1 and 2 of this subsection;

4) a person who participates in criminal proceedings as a witness.

(2) The persons specified in subsection 1 of this section have the right to receive mental health assistance in support of recovery from trauma where the Social Insurance Board has established their need for support.

§ 31. Conditions for receiving mental health assistance in support of recovery from trauma

(1) The persons specified in subsection 1 of § 30 of this Act have the right to receive mental health assistance in support of recovery from trauma to the extent of up to one minimum monthly salary rate established by the Government of the Republic.

(2) The following persons are entitled to mental health assistance in support of recovery from trauma, until the need ceases:

1) a victim of human trafficking;

2) a sexually abused child;

3) a victim of a terrorist offence.

(3) In the case of the persons specified in subsection 2 of this section, the Social Insurance Board decides on the need to continue the support each time the minimum monthly salary rate established by the Government of the Republic is met upon the use of the service. The Social Insurance Board may ask the service provider to assess the need to continue the support.

(4) Where a minor victim of sexual violence attains 18 years of age at the time of receipt of the service provided in this Subchapter, they have the right to continue receiving the service to the extent of the minimum monthly salary rate established by the Government of the Republic. The Social Insurance Board may also decide to continue the support after the specified minimum monthly salary rate has been met in accordance with the rules provided in subsection 3 of this section where this is justified by the seriousness of the act committed with regard to the minor or by other circumstances.

(5) A victim to whom mental health assistance specified in subsection 2 of § 29 of this Act is provided within the framework of another victim support service is not entitled to receive mental health assistance at the same time on the conditions provided in this Subchapter.

(6) A person specified in clauses 1 and 4 of subsection 1 of § 30 of this Act is entitled to receive mental health assistance in support of recovery from trauma within five years as of the commission of the act. In the case specified in clause 3 of subsection 7 of § 81 of the Penal Code, the person has the right to receive mental health assistance in support of recovery from trauma within five years as of reaching the age of majority or commencement of criminal proceedings where the last term expires later.

§ 32. Receiving mental health assistance in support of recovery from trauma

(1) In order to receive mental health assistance in support of recovery from trauma, a person submits an application to the Social Insurance Board which assesses their need for the support specified in subsection 2 of § 29 of this Act.

(2) The list of the data and documents required for application for mental health assistance in support of recovery from trauma are established by a regulation of the minister in charge of the policy sector.

§ 33. Acquisition by the Social Insurance Board of obligation to pay for mental health assistance in support of recovery from trauma

The Social Insurance Board assumes the obligation to pay the fee for mental health assistance in support of recovery from trauma for the entitled person specified in § 30 of this Act (hereinafter assumption of obligation to pay the fee) where the following conditions are met:

1) the entitled person and the provider of mental health assistance in support of recovery from trauma have agreed on the provision of the service specified in subsection 2 of § 29 of this Act;

2) the provider of mental health assistance in support of recovery from trauma and the Social Insurance Board have entered into a contract specified in § 34 of this Act.

§ 34. Contract for assumption of obligation to pay fee

(1) A contract for the assumption of the obligation to pay a fee is an agreement by which the Social Insurance Board and a provider of mental health assistance in support of recovery from trauma agree on the rules and conditions by which the Social Insurance Board assumes from the entitled person the obligation to pay a fee.

(2) The Social Insurance Board verifies the absence of any tax arrears before entry into a contract. Where it becomes evident that the provider of mental health assistance in support of recovery from trauma has tax arrears, the Social Insurance Board may refuse to enter into a contract.

(3) The Social Insurance Board enters into a contract for a term of up to three years, but not for less than one year.

§ 35. Definition of violent crime

(1) For the purposes of this Act, an act punishable as a crime which is committed directly against the life or health of a person and which results in the death of or serious damage to the health of a victim for the purposes of the Penal Code is deemed to be a violent crime.

(2) A violent crime is also deemed to be the causing of the consequences specified in subsection 1 of this section to a victim or a third person in a situation where the victim or the third person prevented a crime, detained an offender or assisted the victim of the crime.

(3) Acts specified in subsection 1 or 2 of this section are deemed to be violent crimes even where:

1) the offender is not capable of guilt;

2) the offender has not been identified or apprehended or where the offender cannot be convicted for other reasons but the evidence collected with regard to the criminal case suggest that a violent crime was committed.

§ 37. Circumstances precluding payment of compensation

(1) No compensation is paid where a victim of a crime of violence:

1) caused or facilitated the commission of the crime or occurrence of damage by their intentional behaviour;

2) fails to give notice of the crime within 15 days, although they would have been capable of doing so, and the investigative body or the police have not become aware of the crime in any other way;

3) has been convicted of commission of a violent crime or on the grounds of subsection 1 of § 255 or subsection 1 of § 256 of the Penal Code and their criminal record has not been deleted from the criminal records database in accordance with the Criminal Records Database Act;

(2) Payment of compensation to a dependant who is an adult may be refused where circumstances specified in subsection 1 of this section became evident in their behaviour.

(3) Payment of compensation may be refused where the applicant for compensation refused to co-operate with the law enforcement authorities in ascertaining any facts relating to the violent crime, identifying or apprehending the criminal offender or proving damage.

§ 38. Types of damage compensated

On the conditions provided in this Chapter, compensation is paid for property damage caused by a violent crime as follows:

1) costs related to restoration of the health of the victim;

2) damage caused to spectacles, dentures, contact lenses and other appliances supporting bodily functions and personal effects of the victim;

3) funeral expenses of the victim;

4) damage arising from a decrease in the income of the victim and the caregiver of the victim;

5) damage arising from the loss of a maintenance provider.

§ 39. Costs relating to restoration of victim's health

The costs relating to the restoration of a victim's health are the costs relating to the restoration of the victim's physical and mental health after a violent crime, the acquisition of medicinal products and aids supporting their bodily functions and the study of a new speciality appropriate to their state of health, and travel expenses relating to such activities.

§ 40. Damage to victim's glasses, dentures, contact lenses and other aids and personal effects

Determining of damage caused by a violent crime to a victim's glasses, dentures, contact lenses and other aids supporting their bodily functions and essential personal effects is based on the information submitted to the Social Insurance Board on the certificate of an investigative body.

§ 41. Victim’s funeral expenses

The expenses incurred for the funeral of a victim who died as a result of a violent crime are compensated for to the person who bore them.

§ 42. Damage arising from decrease in income of victim and victim’s caregiver

(1) Damage arising from a decrease in the income of a victim in the case of a victim who is at least 16 years of age is the part of the income subject to social tax which is not received due to a violent crime.

(2) Damage arising from a decrease in the income of a caregiver of a victim is the part of the income subject to social tax which is not received due to temporary incapacity for work due to a violent crime.

(3) Damage arising from decrease in the income or a victim and victim and victim’s caregiver is compensated for on the basis of average income per calendar day. The average income per calendar day is calculated by dividing the income subject to social tax calculated for a person in the six calendar months preceding the commission of the violent crime by the number of calendar days in that period. The number of calendar days in a six-month period is reduced by the number of days on which the person was released from the performance of work or service duties on the basis of a certificate of incapacity for work or due to suspension of the employment entered in the employment register.

(4) Where a victim or victim’s caregiver did not receive any income subject to social tax during the six months specified in subsection 3 of this section due to suspension of their employment or due to temporary incapacity for work, compensation is calculated based on the income subject to social tax received by the person for the last month prior to the suspension of their employment or arise of temporary incapacity for work.

(5) In the case of self-employed persons, compensation is calculated based on the net income received during the calendar year from 1 January to 31 December preceding the commission of a violent crime.

(6) Where income per calendar day of a victim or victim’s caregiver is lower than the amount of the minimum monthly salary rate established by the Government of the Republic divided by 30, the average income per calendar day is deemed to be equal to the minimum monthly salary sate divided by 30.

§ 43. Damage arising from loss of maintenance provider

A dependant of a victim who dies as a result of a violent crime is paid compensation on the basis on the victim’s previous income calculated in accordance with § 41 of this Act as follows:

1) 75 per cent of the income to one dependant;

2) 85 per cent to two dependants;

3) 100 per cent in total to three or more dependants.

§ 45. Applying for compensation

(1) An application for compensation (hereinafter application) is submitted to the Social Insurance Board within three years as of the commission of a violent crime or the date of the death of a victim, except in the cases provided in subsection 2 of this section.

(2) An application may be submitted later than provided in subsection 1 of this section where:

1) the dependant became aware of the death of the victim later than one year after the date of death and the application is submitted within three years as of the date of becoming aware of the death of the victim;

2) the victim sustained a health disorder which lasted longer than one year and timely submission of the application was impossible due to their state of health and where the application is submitted within three years as of their state of health improving;

3) the basis for applying for compensation is a sexual offence committed against a minor and the application was submitted within three years after the victim became an adult, unless the incentive of the criminal proceedings became evident before the victim became an adult.

(3) An application must set out the data on the applicant for compensation and data on the violent crime and the damage caused and the data on whether compensation for the damage is received from other sources.

(4) The list of the data of application for compensation and required documents are established by a regulation of the minister in charge of the policy sector.

(5) The form of a certificate of an investigative body specified in § 40 of this Act necessary for application for compensation is established by a regulation of the minister in charge of the policy sector.

(6) The Social Insurance Board calculates the amount of compensation on the basis of the data listed in the regulation established on the basis of subsection 4 of this section and the data of the data providers of the social protection information system.

§ 46. Ascertaining damage to health resulting from violent crime

(1) In order to compensate for the property damage specified in clauses 1, 2 and 4 of § 38 of this Act, the Social Insurance Board involves a person who has completed medical training of doctors and who identifies the health damage caused by a violent crime to the person.

(2) A person who has completed medical training of doctors and is involved by the Social Insurance Board establishes a connection between the violent crime and the victim's serious health damage and the duration or estimated duration of the serious health damage.

(3) With the consent of a victim, the person who has undergone medical training of doctors and is involved by the Social Insurance Board has the right to obtain data from the Health Information System for ascertaining the connection specified in subsection 2 of this section and the duration or estimated duration of serious health damage about the following:

1) the person who submitted the data;

2) the victim’s outpatient visits, stay in hospital and diagnoses, and treatment services provided to the victim;

3) the medicinal products.

(4) The minister in charge of the policy sector establishes by a regulation the list of the health information system data and the time periods for inquiries required for ascertaining the connection and duration or estimated damage of serious health damage specified in subsection 2 of this section.

(5) Where the data provided in subsection 3 of this section in the health information system are missing or insufficient, the family physician or specialist doctor of the victim transmits the missing data to the health information system within 15 days as of the receipt of the relevant application from the Social Insurance Board and notifies the Social Insurance Board thereof or sends the data describing the state of health to the Social Insurance Board.

(6) A person who has undergone medical training of doctors and is involved by the Social Insurance Board has the right to verify the correctness of the data and documents submitted by the person in the course of the application and to receive relevant additional data which enables to assess the connection between a violent crime and serious health damage and the duration or estimated duration of the health damage. Where verifiable data have been entered in the social protection information system, the data contained therein are used. Additional information may relate in particular to the data concerning the following:

1) the victim support provided;

2) the support actions applied with regard to the victim, from a child protection or social worker;

3) the decrease in work ability and its reasons or occupational rehabilitation, from the Estonian Unemployment Insurance Fund;

4) a special educational need where it has arisen in connection with a violent crime, from an educational institution or educational competence centre.

§ 47. Decision to grant compensation

The Social Insurance Board makes a decision on the payment of the compensation within 30 days as of the submission of the application.

§ 48. Postponement of making of decision

(1) The Social Insurance Board may postpone the making of a decision concerning the grant of compensation until a judgment is made by a county court where:

1) the right of the applicant for compensation to receive compensation from the person who caused the damage by a violent crime is unclear;

2) it is evident that the person who caused the damage by a violent crime compensates for this damage.

(2) Where an applicant has the right to receive compensation in connection with the same damage from a source other than the person who caused the damage by the violent crime or the amount of the compensation is uncertain or disputable, the decision concerning grant of the compensation may be postponed until the specified right or amount of compensation is conclusively established.

(3) Where a decision concerning grant of compensation is postponed on the bases specified in subsections 1 and 2 of this section, the Social Insurance Board makes a decision on grant of compensation or refusal to grant compensation within ten days as of the date on which they learn that the circumstances which caused the postponement of the decision have ceased to exist.

§ 50. Compensation paid in advance

(1) Where a decision concerning grant of compensation is postponed in the cases specified in subsections 1 and 2 of § 48 of this Act, the Social Insurance Board has the right to make an advance payment on the basis of an application of the applicant for compensation where the applicant’s right to receive compensation is clear and the applicant is in a difficult economic situation.

(2) The compensation paid as an advance payment may not exceed the minimum compensation rate in force at the time of application for compensation.

(3) Where grant of compensation is refused, an advance payment of the compensation may be recovered only where the payment was made as a result of abuse by the applicant.

§ 51. Change in amount of compensation and termination of payment of compensation

(1) In the case the amount of state benefits or other payments is changed, the Social Insurance Board makes recalculations on its own initiative within ten days as of the date of entry into force of the change.

(2) The amount of compensation is reduced or payment of compensation is terminated as of the month following the month in which the grounds for the reduction or termination arise.

(3) The amount of compensation is increased as of the month following the submission of documents certifying the grounds for the increase.

(4) The Social Insurance Board reviews the amount of the compensation paid periodically at least once a year.

(5) In the case of periodically paid compensation, changes in prices and the cost of living are taken into account.

(6) The minister in charge of the policy sector establishes by a regulation the conditions and rules for recalculation of the compensation paid periodically.

§ 52. Notification of precept

Where the Social Insurance Board issues a precept to a person but there are no data concerning the address of the person or the person does not live at the address known and the actual location of the person is unknown and the precept cannot be communicated in a manner provided in the General Part of the Social Code Act, the conclusion of the precept is published in the publication Ametlikud Teadaanded.

§ 53. State’s right of recourse

After payment of compensation on the basis of this Act, the right of the recipient of compensation to claim compensation for damage from the person who caused the damage by a violent crime is transferred to the state in the amount of the compensation paid. The recoverable amount may not exceed the amount granted upon satisfaction of a civil action.

§ 54. Payment of compensation to victim of violent crime residing in another Member State of European Union

(1) A victim of violent crime committed on the territory of the Republic of Estonia, victim’s caregiver, victim’s dependant in the case of the victim’s death and the person who bears the costs relating to the restoration of the health of the victim of the violent crime or funeral expenses (hereinafter applicant) and who has their permanent residence in another Member State of the European Union (hereinafter other Member State) submits an application and the necessary additional documents to the Social Insurance Board or the competent authority of the state of residence.

(2) The Social Insurance Board immediately communicates a confirmation concerning an application received from another Member State of the European Union which sets out the person who processes the application and the term for making a decision concerning the application, to the applicant and the authority which communicated the application.

(3) The Social Insurance Board decides on grant of compensation within three months as of the receipt of an application and necessary additional documents. The decision is sent to an applicant by post or electronically within ten working days as of the day on which the decision is made.

(4) The Social Insurance Board pays the compensation granted to the applicant within the calendar month following the making of the decision concerning the grant of compensation.

§ 56. Payment of compensation to victim of violent crime committed in another Member State of European Union

(1) Payment of compensation to a victim of a violent crime committed in another Member State and to a person entitled to compensation who has their permanent residence in Estonia is decided by the competent authority of another Member State on the basis of its legislation.

(2) The person specified in subsection 1 of this section contacts the Social Insurance Board which assists the person, where necessary, in drawing up the application. The Social Insurance Board sends the application, together with additional documents, within 30 days of the person's contact to the competent authority of the Member State where the violent crime was committed.

(3) Where a competent authority of another Member State wishes to hear a person, witness or expert specified in subsection 1 of this section in accordance with the legislation of that Member State during the processing of the application, that competent authority contacts the Social Insurance Board which organises the following:

1) hearing of the specified persons by a representative of a competent authority of the other Member State by telephone or video conference;

2) hearing of the specified persons and taking of minutes thereof, translation of the minutes, where necessary, and communicating of the minutes to the competent authority of the other Member State.

§ 57. Payment of Compensation to Victim of Violent Crime committed in Estonia who is Citizen of State Party to European Convention on Compensation of Victims of Violent Crimes

(1) The Social Insurance Board calculates the amount of compensation for a victim of a violent crime committed on the territory of the Republic of Estonia, the caregiver of the victim, their dependant in the event of the death of the victim and the person who bears the costs related to the restoration of the victim's health or funeral expenses where the victim is a citizen of a state party to the European Convention on Compensation for Victims of Violent Crimes in accordance with the rules provided in § 54 of this Act.

(2) The Social Insurance Board pays the compensation granted to a person specified in subsection 1 of this section in accordance with the rules provided in subsection 4 of § 54 of this Act.

§ 58. Financing

Services provided and compensations paid on the basis of this Act are financed from the state budget.

§ 59. Compensation for costs of victim support volunteer

(1) Transport expenses of a victim support volunteer and other expenses prescribed by the Social Insurance Board and necessary for the performance of their functions are compensated for by the Social Insurance Board.

(2) The limit and rules for compensation for the expenses specified in subsection 1 of this section are established by a directive of the Director General of the Social Insurance Board.

§ 60. Payment of compensation

(1) Periodic compensations granted to victims of crimes before 1 April 2023, less work ability allowance or survivor's pension paid to the person and the payment of which continues after the specified date, are recalculated in accordance with subsection 3 of § 44 of this Act.

(2) The Victim Support Act in force until 1 April 2023 applies to periodic compensations granted to victims of crimes on the grounds of subsection 7 of § 11 (of the Victim Support Act (RT I 2004, 2, 3) in force before 1 April 2023 and the payment of which continues after the specified date.

§ 61

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§ 70. Repeal of Victim Support Act

The Victim Support Act (RT I 2004, 2, 3) is repealed.

§ 71. Entry into force of Act

(1) This Act enters into force on 1 April 2023.

(2) §§ 65 and 66 of this At enter into force in accordance with the general procedure.