Term and Fundamentals: Crime Victims Compensation Act (OEG)
The Crime Victims Compensation Act (OEG) is a central instrument of German social law that governs state compensation for victims of intentional, unlawful acts of violence. It was originally enacted on May 1, 1976, and provides a profound legal basis for granting compensation to affected persons after serious criminal offenses. The aim of the OEG is to compensate, as far as possible, the social and health consequences of acts of violence for victims through financial and health-related benefits.
Scope of Application and Eligibility Requirements
Group of Beneficiaries
The OEG is aimed at persons who, within the scope of the Act, have suffered health damage as a result of an intentional, unlawful, violent act directed against them personally, or through a lawful attempt to prevent such an act. Foreign nationals may also be eligible under certain circumstances.
Acts of Violence under the OEG
Compensation under the OEG requires that an act of violence has occurred. This includes, in particular, offenses involving bodily harm, as well as sexual offenses and crimes posing a danger to the public. The act must have been committed intentionally and unlawfully. Acts of negligence are not covered.
Arising of the Entitlement
The entitlement arises as soon as health damage results from the aforementioned act of violence. This includes not only physical but also psychological injuries, provided they are attributable to the act. Mere financial loss does not give rise to a claim under the OEG.
Benefits under the OEG
Types of Benefits
The OEG grants so-called social compensation, which includes in particular the following benefits:
Medical and Health Treatment
Victims receive medical care, treatments, and rehabilitation services in accordance with the provisions of the Federal Pension Act (BVG).
Pension Benefits
In the event of permanent consequences of injury, benefits such as injury pension, survivor’s pension (for relatives in the event of the victim’s death), or compensation payments are provided.
Additional Assistance
Additional benefits may include, among others, vocational rehabilitation support, nursing allowances, or assistance with participation in social life.
Subordination of Benefits
Claims under the OEG have priority after any other statutory compensation benefits, insurance benefits, or claims for damages.
Procedure and Enforcement of Claims
Application Process
Benefits under the OEG are granted exclusively upon application. The competent authorities are the respective state pension offices or corresponding state authorities. There is no fixed application deadline, but prompt application is advisable due to potential evidentiary issues.
Principle of Investigation
In OEG proceedings, the official principle of investigation applies. The compensation authority independently clarifies the facts and circumstances. Victims are obliged to cooperate.
Standard of Proof
For recognition of a claim, the so-called ‘credible evidence’ (sufficient likelihood) is sufficient, so the hurdles for asserting a claim are lower than in civil law.
Grounds for Rejection and Exclusion
Contributory Fault and Cooperation
Claims may be rejected or reduced if the victim contributed to the act through their own conduct (for example, provocative behavior). Lack of cooperation in clarifying the incident can also lead to exclusion.
Exclusion due to Misconduct
A rejection may be considered if, for example, the victim was involved in acts of violence or displayed seriously antisocial conduct that was causally relevant to the injury.
Relationship to Other Regulations and Amendments by SGB XIV
Relationship to the Federal Pension Act (BVG)
The scope of benefits and the implementation of the procedure are largely governed by the Federal Pension Act (BVG). The provisions of the BVG are applied accordingly to OEG claims.
Reform through SGB XIV
With the entry into force of SGB XIV on January 1, 2024, there has been a fundamental reform of social compensation in Germany. The OEG is partially replaced or integrated by the Social Compensation Law, particularly with regard to new benefit provisions and the modernization of victim compensation.
International References and Foreign Cases
Acts Committed Abroad
Benefits may also be available for acts of violence committed abroad if the victim has their habitual residence in Germany or is a German national. The eligibility requirements and benefit arrangements are subject to special provisions in this context.
EU Directive and Cross-Border Claims
The OEG implements the legal requirements of EU Directive 2004/80/EC on compensation for victims of violent crimes. These provisions ensure a minimum level of protection for victims of violent crime across the European Union.
Legal Protection and Objection
Legal Remedies
Objections may be filed against decisions of the compensation authorities. In the event of rejection, it is possible to bring an action before the social courts. The provisions of the Social Courts Act apply.
Literature and Web Links
Further Reading
- Löhle, OEG – Commentary on the Crime Victims Compensation Act
- Meier, Handbook of Victims Compensation Law
Statutes and Official Information
- Crime Victims Compensation Act (OEG) Full Text
- Information from the Federal Ministry of Labour and Social Affairs
Conclusion
The Crime Victims Compensation Act (OEG) is a key pillar under German law protecting and supporting those affected by acts of violence. Through its extensive regulations and linkage to other social compensation systems, it significantly contributes to providing victims of violent crime with comprehensive compensation for physical and psychological damage suffered, thereby supporting the principle of social solidarity. Further development through SGB XIV leads to sustainable improvement in the quality and accessibility of victim compensation.
Frequently Asked Questions
Who is eligible under the Crime Victims Compensation Act (OEG)?
Persons primarily eligible under the OEG are those who have suffered health damage as a result of an intentional, unlawful act of violence in Germany. This refers not only to physical but also to mental health impairments. Entitlement exists regardless of nationality, provided the offense occurred on German territory or on board a German ship or aircraft. Relatives of primary victims who suffer damages because of the act (for example, survivors after a fatal attack) may also be entitled under certain conditions. For acts committed abroad, special regulations apply, and in most cases benefits are restricted to citizens and persons with permanent residence permits.
What benefits can be claimed under the OEG?
The OEG grants a wide range of benefits, which are governed by the provisions of the Federal Pension Act (BVG). These include, in particular, medical treatment (medical rehabilitation, psychotherapy), pension benefits for permanent health damage, benefits for participation in working life, aids, and nursing care benefits. In addition, survivors of those killed may receive survivors’ pensions and assistance. One-time compensations, such as so-called pain and suffering allowances, are also possible under the OEG, with special exceptional provisions for cases of particular hardship to be considered. Benefits are principally subordinate, meaning they are only provided if other compensation claims do not exist or cannot be enforced.
What limitation periods apply to applications under the OEG?
Claims under the OEG are generally not subject to a limitation period. This means that an affected person can theoretically file an application years after the incident. However, benefits are only provided retroactively for up to one year prior to the month of application, unless the previous failure to apply was not the applicant’s fault. The burden of proof regarding the connection between the act and the health damage may become more difficult as time passes, so early filing is recommended for evidentiary reasons.
How is the causal link between the act and the health damage established?
To successfully claim benefits under the OEG, it must be proven that the health impairment is causally linked to the particular criminal offense. The Federal Pension Act refers to this as the ‘causal connection.’ The competent authority reviews both the act and the resulting damage based on medical opinions and other evidence. The applicant or their representative must submit documents such as medical reports, certificates, and, if applicable, police reports or investigation files. The standard of proof required is not absolute certainty, but a preponderance of the evidence that the requirements are met.
What duties does the applicant have in OEG proceedings?
The applicant must, as part of their duty to cooperate, provide all facts necessary for clarification of the case truthfully and completely, as well as submit relevant evidence. This includes naming important witnesses promptly and submitting medical documents. If the applicant fails to meet their cooperation obligations, this can lead to rejection or delay of benefits. Furthermore, the applicant must not conceal or make double claims for identical incidents from other compensation sources; otherwise, claims for reimbursement and possibly criminal consequences may arise.
What happens if the perpetrator cannot be identified or the criminal proceedings were discontinued?
The granting of benefits under the OEG does not depend on whether the perpetrator is convicted or even known. It is sufficient that there is enough evidence to make the course and nature of the offense probable. The inability to identify the offender or the discontinuation of the criminal proceedings—such as due to insufficient evidence for a conviction—does not preclude the victim compensation procedure. The procedure for recognition under the OEG is governed solely by the administrative requirements relevant to the award of benefits.
Can the claim for compensation under the OEG be denied?
Yes, the claim for OEG benefits can be wholly or partially denied under certain circumstances. This is especially the case if the victim was involved in the act, engaged in grossly unreasonable conduct (such as involvement in criminal disputes), or contributed significantly to the injury through culpable conduct. Failure to meet cooperation duties or providing false information can also lead to denial or reduction of benefits. The authority examines on a case-by-case basis the extent of contributory fault and the justification for any reduction of claims.
