Abstract:
Crime results in various types of harm against victims of crime. Victims of crime have various rights that
are recognized under various international, regional, and domestic laws of countries. Among these, the
right to compensation is one of the victims’ rights. The Constitution of FDRE Article 37 recognizes the
right to access to justice without mentioning the right to compensation. The substantive and procedural
laws of Ethiopia also recognize the compensation of crime victims since Ethiopia has no separate
legislation. Unlike other countries, the Criminal Code of FDRE recognizes that only considerable harms
are compensable to crime victims. The law also failed to mention factors to be taken into account at the
time of characterizing harms as considerable or not and determining the quantum of compensation.
Victims of crime can claim compensation only from the offender other than the state or compensatory
scheme. Victims of crime can bring their claim of compensation before the criminal court jointly with the
proceeding of the accused. However, the criminal court shall not adjudicate victims’ claim of
compensation where the accused is acquitted or discharged. The enforcement of compensation orders is
assigned to the state authorities. It also examined the experience of selected countries namely Tanzania,
Kenya, South Africa, and Nigeria through selecting purposely. It employed a qualitative research
approach. Data also collected from primary and secondary sources (laws of Ethiopia and selected
countries and relevant literature). It answered that who is responsible to award compensation, the extent
of compensable harms, applicable procedures in claiming compensation, and challenges of compensating
crime victims. The Ethiopian Criminal Justice system pushes victims of crime to go to civil court by
making it difficult to get compensation before the criminal court. As a result, it recommends the
legislature of Ethiopia to promulgate separate legislation through introducing state compensation/fund
for some selected crimes and victims, through mentioning guidelines that taking into account at the time
of characterizing harms as considerable or not and determining the quantum of compensati