Position of victims

Astana, Kazakhstan17th November 2016

Jos Mesu, Ministry of Security and JusticeNetherlands

Directive minimum standards on the rights, support and protection

of victims of crime

Directive 2012/29/EU

Main issues

• Scope• Definitions• Information and support• Participation in criminal proceedings• Vulnerability and protection • General provisions (training, cooperation)• Final provisions (impl. period, data)

Scope

• Victims of crime and family members of a victim whose death was directly caused by a criminal offence and who have suffered harm as a result;

• MS may limit in specific case the number of family members

Definitions

• Victim: natural person who has suffered harm (physical, mental, emotional, economic) directly caused by a criminal offense;

• Family members;• Person in non-marital relationship.

Definitions (2)

• Restorative justice services: bring together; reaching a voluntary agreement; regarding harm (damage, suffering);

• Child: any person below 18 yrs of age.

Provision of information and support

• MS shall ensure that victims are offered certain information, from their first contact with the competent authority.

• Level of detail may be varied – the stage of proceedings and circumstances, severity and nature of the crime committed.

Information (2)

• Acknowledgment of complaint;• Information about their case;• To understand and to be understood;• Interpretation and translation. Scope?

Consequences for practice? Costs?

• Access victim support services

Participation in crim. proc.

• Right to be heard;• Rights if decision not to prosecute;• Safeguards in context restorative justice

services;• Legal aid;

Participation (2)

• Reimbursment of expenses;• Return of property.• Compensation from the offender;• Rights of victims resident in another MS.

Vulnerability and protection

• Right to protection: retaliation, intimidation, repeat or further victimisation. May include measures for phisical protection of victims and their family members;

• Avoidance of contact between victim and offender;

• Protection during questioning;• Protection of privacy

Vulnerability and protection

• Identification of vulnerable victims;

• Protection of vulnerable victims during criminal proceedings;

• Protection of child victims during criminal proceedings;

General provisions

• Training of practitioners: ensure that practitioners receive bothe general and specialist training; sensitivity to the needs of victims;

• MS shall ensure that members of judiciary have acces to training.

Final provisions

• Transposition. Three years

• Role of flanking measures?

• Provisions of data and statistics

Formal negotiation levels

• Working committee / counsellors• CATS• Coreper• Council• European Parliament

National implementation

• According to the national legislation procedure

Draft/billConsultation of stakeholdersCouncil of StateSecond Chamber of parliament (lower

house)First Chamber of parliament (upper house)

Interaction with national stakeholders

• National parliament;

• Council for the judiciary;

• General prosecutor’s office