If an offender is sentenced for such an offence for which imprisonment may be imposed, he or she will also be ordered to pay a victim surcharge. The Act on the Victim Surcharge entered into force on 1 December 2016, and the provisions apply to offences committed after the Act's entry into force.
A person over 18 years of age who has committed an offence is liable to pay the victim surcharge. The amount of the surcharge is determined based on the penal scale irrespective of whether the offence has a victim or not.
Legal persons, such as companies and corporations, that have been sentenced to a corporate fine are also liable to pay the victim surcharge.
The amount of the victim surcharge to be imposed on an offender is
• EUR 40 for an offence for which the most severe punishment provided is imprisonment for at most six months, or
• EUR 80 for an offence for which the most severe punishment provided is imprisonment for more than six months.
The amount of the victim surcharge to be imposed on a legal person is
• EUR 800.
The victim surcharge is imposed in connection with criminal proceedings and there is no discretion involved. In connection with imposition of fines, the victim surcharge is imposed either by the police or the prosecutor, depending on who imposes the fine itself. If the matter is heard by a court, the court imposes the victim surcharge when sentencing the offender to a punishment. A decision on the surcharge may be appealed against only together with an appeal against the decision on the actual punishment.