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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Once a damage compensation order under this Act has become final, what does it stop the victim claiming, and in which proceedings does that bite?

General information · Not legal advice

Material to check

For this exercise, the file holds the certified copy of the criminal judgment in which the compensation order appears, the papers showing when it became final, and any separate civil claim the victim has filed or plans to file, along with the amount it seeks.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the bar at its word: where a damage compensation order under this Act has become final, the victim may not claim damages in another procedure, and this reaches every claim so far as it falls within the range of the amount that was granted.

Another reading stresses the boundary the provision sets by its own terms: the bar is written only for claims that lie within the range of that amount, and the provision does not state what follows for any part of a loss that falls outside it.

Your judgment

Where a victim's separate claim seeks more than the granted amount, how could the papers show which part of that claim falls inside and which outside the range?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to say what follows for losses outside the range of the granted amount, or if a court decision identifies which other procedure the bar reaches.

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