BDU IR

Compensation of Crime Victims in Ethiopia: Lessons Draw from The Experience of Selected Countries

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dc.contributor.author Abye, Silesh
dc.date.accessioned 2021-09-22T07:45:21Z
dc.date.available 2021-09-22T07:45:21Z
dc.date.issued 2021-09-22
dc.identifier.uri http://ir.bdu.edu.et/handle/123456789/12628
dc.description.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 en_US
dc.language.iso en en_US
dc.subject Law en_US
dc.title Compensation of Crime Victims in Ethiopia: Lessons Draw from The Experience of Selected Countries en_US
dc.type Thesis en_US


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