§ 11. Compensation claims can be included in a criminal case

§ 11 applies to claims connected with criminal acts. This may be compensation after violence, theft, vandalism, fraud or other offences. It may also be compensation for non-financial damage. Compensation for non-financial damage means money for the strain or the violation, not only for direct financial loss.

The main rule otherwise is that claims become time-barred (foreldet) when the period has expired. But § 11 provides a special rule. If the claim arises from a criminal act, it can still be pursued in the criminal case when the debtor is found guilty. This means that a claim that would otherwise be too old can come in through the criminal case.

This is important because criminal cases can take time. A long time may pass from when the act took place until the case comes to court. The victim (fornærmede) may also be in a difficult situation. The law therefore gives an extra opportunity to have the compensation claim dealt with together with the criminal case.

But the rule does not apply to all old claims. The claim must arise from the criminal act. This means there must be a connection between the offence and the claim. If someone is convicted of vandalism, the claim for repair costs can arise from the act. If someone is convicted of violence, claims for compensation and compensation for non-financial damage can arise from the violence.

It is also a condition that the debtor is found guilty of the matter giving rise to the liability. If the person is acquitted, § 11 does not help in the same way. Then the claim must be assessed under the ordinary rules.

The second sentence gives an opportunity to bring a separate lawsuit. This must be done within 1 year after the conviction in the criminal case became final and binding. Final and binding means that the judgment (dom) is final. It can no longer be appealed in the ordinary way, or the appeal deadline has passed.

The last sentence says that the same applies when the debtor accepts a fine notice. A fine notice is a criminal sanction that can be accepted without an ordinary trial. If the debtor accepts a fine notice for the matter, § 11 can have a corresponding effect.

Can I claim compensation even if the ordinary limitation period has expired?

Yes, if the conditions in § 11 are met. The short answer is that the criminal case can open an extra door. But the door only applies to claims for compensation, compensation for non-financial damage and confiscation arising from the criminal act.

This can be useful in cases of violence. You may be entitled to cover for expenses, lost income and compensation for non-financial damage. If the case ends in a conviction, the claim can be included in the criminal case. If it is not dealt with there, you can bring a separate lawsuit within 1 year after the judgment became final and binding.

It can also be useful in cases of financial crime. If someone has defrauded you, you may have a monetary claim (pengekrav). The criminal case is about whether the person should be punished. But your claim is about what you should get back. § 11 means these questions can be linked.

At the same time, you should not wait passively just because there is a criminal case. The safest thing is to put forward the claim as early as possible. Tell the police or the prosecuting authority (påtalemyndigheten) that you have a compensation claim. Document the claim. Keep receipts, bank statements, photos and medical records.

If the claim is not included in the criminal case, you must meet the 1-year deadline for a separate lawsuit. It is a short deadline. It starts when the conviction is final and binding, not when you yourself feel the case is over.

What does it mean that the claim "arises from" a criminal act?

It means that the claim must result from the offence. There must be a sufficiently direct connection. If someone deliberately smashes your window, the claim for a new window arises from the vandalism. If someone hits you, claims for treatment costs and compensation for non-financial damage arise from the violence.

If the claim concerns something completely different between you, § 11 is not the right rule. Imagine that you and the same person also have an old loan agreement (låneavtale). The person is convicted of violence against you. The old loan does not arise from the violence. Then you cannot use § 11 to save the loan claim.

This distinction is important. The criminal case cannot be used as a general way to revive all old claims between the parties. It only helps claims connected with the criminal matter.

Confiscation is more special. It is about proceeds or items connected with offences being confiscated. For ordinary private individuals, compensation and compensation for non-financial damage are the most important words in § 11.

What does the 1-year deadline after the judgment mean?

If the claim is not brought in the criminal case, it can be brought in a separate lawsuit within 1 year after the conviction became final and binding. This is a new and specific deadline. It is easy to overlook.

Being final and binding means the judgment is final. If no one appeals within the appeal deadline, the judgment becomes final and binding when the deadline has passed. If the case is appealed and decided by a higher court, it becomes final and binding later. You therefore need to know the date.

Once you have the date, you must act before 1 year has passed. It is not enough to send an informal message to the other party if a lawsuit is required. The provision says that a separate lawsuit must be filed within 1 year. This means you must use the correct legal step.

In practice, you should not wait until month 11. Get the judgment. Find the date it became final. Calculate the deadline. Prepare documentation. Put forward the claim in time.

What happens if you make a mistake?

If you do not put forward the claim in the criminal case and also do not bring a separate lawsuit within 1 year after the judgment became final, the opportunity under § 11 may be lost. Then you may be left with the ordinary limitation rules, and they can be harsh.

If you do not document the claim, the court may also set the amount lower than you think is right. It is not always enough to say that you have suffered a loss. You should show bills, receipts, bank statements, loss of earnings and other documentation.

If the claim does not arise from the criminal act, § 11 does not help. Then you must use the ordinary rules for the claim. This is important if you have several disputes with the same person.

If you are the victim in a criminal case, say early on that you have a compensation claim. Ask how the claim can be included in the case. Send documentation in writing.

Make a simple overview of the loss. Write the date, what the loss concerns and the amount. Attach supporting documents. If you claim compensation for non-financial damage, explain the strain and refer to the matter the case concerns.

Keep track of the judgment. Find out when it becomes final and binding. If the claim was not dealt with in the criminal case, you must consider a separate lawsuit within 1 year.