Standard Operating Procedures for ADULT Victims of Trafficking

MEASURE 3.4.

COMPENSATION

Compensation for damages caused by the trafficker’s actions to be paid by the trafficker
Compensation directly from the trafficker may be obtained through:

  • A civil claim in the criminal proceedings

Financial compensation for pecuniary and non-pecuniary damage may be claimed in the course of the criminal proceedings – to be paid by the perpetrator. The Prosecutor’s Office and the victim have the right to request freezing of the property of the person charged both during the pre-trial proceedings and during the trial as a guarantee for the compensation claim (and the fine).

  • Separate civil proceedings

Financial compensation for pecuniary and non-pecuniary damage may be claimed in separate civil proceedings – to be paid by the perpetrator. If the person who is the victim of labour exploitation worked under a labour contract, the legal grounds for the claim are Article 245 in conjunction with Article 357 of the Labour Code; if the person worked without a labour contract, Article 55 of the Obligations and Contracts Act (undjust enrichment).

Compensation for damages caused by the trafficker’s actions to be paid by the State

If no compensation is awarded to the victims of trafficking in criminal or civil proceedings, the victims have the right to a lump-sum financial compensation from the State. Financial compensation is provided solely for pecuniary damage and amounts up to BGN 10,000. Financial compensation is provided after a conviction or plea bargaining become effective or the criminal proceedings are terminated due to statute of limitation, amnesty or transfer of the criminal proceedings, or if they are suspended due to the failure to detect the perpetrator. The application for financial compensation must be filed within one year of the effective date of the sentence or the act to terminate/suspend the criminal proceedings.

Applications for financial compensation are reviewed by the National Council for Assistance and Compensation to Crime Victims. It is competent to set the exact compensation amount.

Step 1. Informing the trafficked person about the legal possibilities to receive compensation in accordance with the CVAFCA

Information about the possibilities to receive compensation for pecuniary damage is provided to the trafficked person when the person is in a stable emotional condition to understand and comprehend this information. The information about the rights under the CVAVCA and the respective procedures is to be provided to trafficked persons in a clear and understandable language. The provision of this information is a mandatory part of the legal counselling during the reflection period (see Measure 2.2., Step 2).

Step 2. Support in the communication with the relevant institutions and during application procedures

In order to receive financial compensation, the trafficked person must submit an application in person to the regional governor as per the victim’s current address or to the National Council for Assistance and Compensation to Crime Victims. A sample application can be obtained from the service providers or the regional governors. The application must be submitted within two months after the effective date of the sentence or the prosecutorial act. The application must be accompanied by copies of documents verifying the pecuniary damages.

In cases of Bulgarian citizens trafficked to another EU Member State, the application for financial compensation may be submitted to the competent authorities of the other Member State through the National Council for Assistance and Compensation to Crime Victims. The National Council sends the application to the competent authorities of the other Member State.

COOPERATION
DOCUMENTATION
COMPENSATION
PARTICIPATION IN CRIMINAL PROCEEDINGS
SAFE RETURN
LONG-TERM PSYCHOLOGICAL SUPPORT AND EMPOWERMENT

1

Social Inclusion (Re-integration)

2

Protection and Support

3

Identification and Referral