GuidelinesForStakeholders ENG revision 17092018 Final

22 I
GUIDELINES FOR STAKEHOLDERS
Services for The Submission of Request of Restitution for Victims of Human Trafficking
Case Dossiers submitted (Stage I) by Investigators including requests for Restitution
filed by Human Trafficking Victims.
b. If the examination of Case Dossiers reveals that the victims of Human Trafficking
have not filed request for Restitution (in the minutes of investigation on the victims),
the Examining Prosecutor shall give instructions (P.19) to the Investigators to convey
information regard ing the victims' right to file request for restitution, both for
material and immaterial losses.
c. If the victims and their heirs convey that they d o want to file for Restitution, such
matter shall be set out in the minutes of investigation on witnesses/victims.
d. If the Examining Prosecutor is of the opinion that the victims require assistance from
other parties/institutions appointed
by the Law/the Witnesses and
Victims
Protection Agency to assess requests for restitution, the Examining Jud ge may
provide instructions memberikan to the investigators with regard to the calculation
of restitution and the result of such calculation shall be attached to the Case Dossiers.
e. In the event that the suspect has deposited restitution payment at the investigation
stage, the prosecutor shall receive the deposited restitution payment from the
inveatigator and it shall be set out in the minutes of hand-over of suspect, evidence
and deposited restitution payment.
Prosecution Stage
a. In the stage of transfer or delivery of the Suspect and Evidence, including if there is
restitution payment deposited to the Public Prosecutor, the Public Prosecutor will
subsequently transfer the case file and evidence of the restitution payment to the
Registrar of the District Court through consignment mechanism.
b. In the witness examination stage in the hearings, the public prosecutor shall ask
questions regarding application for restitution to the witness/the victim, and provide
a statement to the Panel of Judges in order that the application for restitution is
taken into consideration by the Panel of Judges. The Public Prosecutor shall also ask
the defendant in connection with the defendant's ability to fulfill the application for
restitution.
c. The public prosecutor shall submit the application for restitution addressed to the
defendant in his/her prosecution letter, based on the amount requested by the
victim, based on the restitution assessment conducted by LPSK, and/or based on
the facts discovered in the hearings.
Execution Stage
a. The Public Prosecutor shall execute the Court Decision having obtained permanent legal
force by facilitating the payment of Restitution by the Defendants/family members and
or legal counsels of the defendants to the victims, in coordination with LPSK.
b. The public prosecutor shall prepare a statement letter signed by the defendant in the
event that the defendant is unable to pay the restitution.
c. The public prosecutor shall prepare the receipt/proof of payment restitution
payment to the victim and document it.