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Victims' Rights - EU Legislation:��

1.Victims's Rights Directive 2012/29/EU -

Horizontal instrument granting rights to information, protection, support and access to justice to all victims (and their families) of all crime, irrespective of the victims' nationality. Applicable since 16 November 2015

2.Directive European Protection Order 2011/99/EU + Regulation 606/2013 -

Two instruments providing for mutual recognition of protection orders: persons who benefit from a protection order issued in one Member State can request a European Protection Order (in criminal matters) or certificate (in civil matters) that allows for protection also in other MS. Both apply since 11 January 2015

3. Compensation Directive 2004/80/EC – obligation to set up national compensation scheme for victims of violent intentional crime committed in the MS territories and access to compensation for victims in cross-border situations

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Victims' Rights Directive – Scope

Crimes committed in EU and criminal proceedings taking place in the EU
Irrespective of victims' residence status
Wide definition of victim
Certain rights (support services) to all victims' family members

Ensures minimum rights for all victims, all crimes

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Rights to information include right to:

understand and be understood –communication in simple, accessible language adapted to victims' needs and right to be accompanied
receive a range of information from the first contact with competent authorities and written acknowledgment of the complaint
receive information about the case (i.e. a decision not to prosecute)
free of charge interpretation and translation

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Participation in criminal proceedings

include right to:

be heard
right to a review of the decision not to prosecute
reimbursement of expenses and legal aid
decision on compensation in the course of criminal proceedings and recovery of property
Rights of victims residents in another MS

+ safeguards in restorative justice processes

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Victim support

Right to access victim support services (general and specialist support) in accordance with victims’ and family members’ needs. Victim support should be confidential and free of charge
Support not dependent on a formal complaint
MS must facilitate referrals to VSOs
List of minimum services include advice on victims' role in proceedings , compensation and emotional (psychological) support
Specialist support for victims with specific needs

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General protection measures - available to all victims of crime

Protection measures including procedures for physical protection
Right to avoid contact between victim and offender
Keeping to minimum number of interviews and medical examinations
Right to be accompanied by legal representative and a person of their choice

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�Special protection measures �- available to vulnerable victims and children

(Q1) Does the person need special protection? if YES :

(Q2) What special measures should be applied to that person?

- during investigations (interviews made in adapted offices by a trained professional, and of the same sex in certain cases)

- and during trial (use of technology to avoid contact with the offender or the public, hearing on distance or in camera, no questioning on private life not related to the offence)

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Training and cooperation for authorities

Art. 25 – Training

Training compulsory for police and court staff
Training to be available for judges, prosecutors and lawyers
Training to be encouraged for victim support and restorative justice services

Art. 26 – Cooperation, coordination and awareness raising
MS should cooperate with each other
Awareness raising actions, information, education

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Victims' Rights Directive - Best practice (1) �

DG JUST guidance document on implementation of the Directive:http://ec.europa.eu/justice/criminal/files/victims/guidance_victims_rights_directive_en.pdf

Examples of EU funded projects aimed at facilitating the implementation* (JUSTICE and DAPHNE programs):

Individual assesment- EVVI project, 2015 - handbook for the practitioners, template and recommended practices http://www.justice.gouv.fr/publication/evvi_guide_en.pdf
Protection of victims – national protection orders and mutual recognition of protection measures, 2015 - POEMS http://poems-project.com

*Results of funded projects do not represent the official views of the European Commission

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Victims' Rights Directive - Other sources and ideas for cooperation:�

- Fundamental Rights Agency - reports and studies, e.g.

"Victims of crime in the EU: the extent and nature of support for victims", 2015 http://fra.europa.eu/sites/default/files/fra-2015-victims-crime-eu-support_en_0.pdf

"Compendium of practices" 2016 collating practices on combating hate crime from across the EU:

http://fra.europa.eu/en/theme/hate-crime/compendium-practices

- Victims Support Europe – handbook on implementation and offering capacity building support for organisations dealing with victims

http://victimsupporteurope.eu/