Reservations and Declarations for Treaty No.116 - European Convention on the Compensation of Victims of Violent Crimes

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 13/11/2019

Germany

Declaration contained in a letter from the Ministry for Foreign Affairs, dated 21 November 1983, handed to the Secretary General at the time of signature, on 24 November 1983 - Or. Germ./Engl.

At the time of signature, the Federal Republic of Germany notified to the Secretary General of the Council of Europe that, when depositing its instrument of ratification, it will make a reservation of reciprocity in respect of Article 3 of the Convention.
Articles concerned : 3

Declaration contained in a letter from the Permanent Representative of Germany, dated 27 November 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 27 November 1996 - Or. Germ./Engl./Fr.

The Federal Republic of Germany understands by Article 3 of the Convention that only persons lawfully residing in Germany qualify for such compensation.

A national of another country is considered to be a "permanent resident" within the meaning of Article 3(b) of the Convention if he remains in the Federal Republic of Germany for longer than the maximum temporary stay of six months.

Nationals of the States party to this Convention receive compensation like Germans if they lawfully reside in Germany for three years or longer without interruption.
Period covered: 01/03/1997 -
Articles concerned : 3

Declaration contained in a letter from the Permanent Representative of Germany, dated 27 November 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 27 November 1996 - Or. Germ./Engl./Fr.

Nationals of the States party to the Convention who have been in Germany for less than three years or a short period are only entitled to non-income-tied compensation which in essence meets the criteria contained in Article 4. Instead of compensation for loss of earnings they receive a basic pension depending on the degree to which their earning capacity has been impaired.

The Federal Republic of Germany will make a statutory one-off payment to entitled foreign nationals in lieu of compensation pursuant to Article 4 of the Convention, subject to certain conditions that apply to other foreigners as well, provided they leave the territory of the Federal Republic of Germany.
Period covered: 01/03/1997 -
Articles concerned : 4


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