By Johan Vanden Eyden, lawyer at the Brussels Bar since 1982 and admitted to the Bar of the Province of Luxembourg since 2021. He has also been admitted to the Paris Bar (France) since 1996.
In Belgium, the law of August 1, 1985 established the Commission for Financial Assistance to Victims of Intentional Acts of Violence. This mechanism allows victims and the relatives of deceased victims to receive financial assistance when the perpetrator is insolvent or unknown.
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A mechanism of national solidarity
The Commission is an independent body of the Ministry of Justice. It acts on a subsidiary basis, meaning when the victim cannot obtain compensation through other means (insurance, conviction of the perpetrator, etc.). This assistance aims to partially compensate for the harm suffered, without constituting full reparation.
Who is eligible?
- Victims of intentional acts of violence committed in Belgium.
- Occasional rescuers, injured while intervening to protect others.
- Beneficiaries in the event of the victim’s death.
Main conditions:
- Filing a complaint and cooperating with the authorities.
- Perpetrator insolvent or unknown.
- Application submitted within 3 years following the last judicial decision.
Nature and amount of assistance
The assistance covers:
- Medical and funeral expenses
- Loss of income
- Physical or psychological after-effects
- Moral suffering
A maximum ceiling is set by the Commission, which decides based on equity and the seriousness of the facts. Emergency assistance may be granted before the final decision in cases of serious situations.
Procedure and Appeals
Written and substantiated application, accompanied by supporting documents (judgments, medical certificates, invoices). The Commission may hear the victim or their relatives. Reasoned administrative decision, without review of the merits. Appeal possible before the Court of Cassation on points of law only.
Repayment and Terms
If the victim later receives compensation (for example, reimbursement by the perpetrator), they may be required to repay the assistance received, in line with the subsidiary nature of the mechanism.
Conclusion
This mechanism embodies national solidarity toward victims of intentional acts of violence. It is not a right to full compensation, but a gracious measure based on equity.
Useful links for more information
- Documentation | Federal Public Service Justice
- Victim | Federal Public Service Justice
- www.vandeneynde.biz
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