EN
14.11.2012 Official
Journal
of
the
European
Union L
315/57
DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2012
establishing minimum standards on the rights, support and protection of victims of crime, and
replacing Council Framework Decision 2001/220/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3)
Article 82(2) of the Treaty on the Functioning of the
EUROPEAN UNION,
European Union (TFEU) provides for the establishment
of minimum rules applicable in the Member States to
facilitate mutual recognition of judgments and judicial
Having regard to the Treaty on the Functioning of the European
decisions and police and judicial cooperation in
Union, and in particular Article 82(2) thereof,
criminal matters having a cross-border dimension, in
particular with regard to the rights of victims of crime.
Having regard to the proposal from the European Commission,
(4) In
its
resolution
of
10
June
2011
on
a
roadmap
for
After transmission of the draft legislative act to the national
strengthening the rights and protection of victims, in
parliaments,
particular in criminal proceedings ( 6 ) (‘the Budapest road
map’), the Council stated that action should be taken at
Union level in order to strengthen the rights of, support
for, and protection of victims of crime. To that end and
Having regard to the opinion of the European Economic and
in accordance with that resolution, this Directive aims to
Social Committee ( 1 ),
revise and supplement the principles set out in
Framework Decision 2001/220/JHA and to take
significant steps forward in the level of protection of
Having regard to the opinion of the Committee of the
victims throughout the Union, in particular within the
Regions (
framework of criminal proceedings.
2 ),
Acting in accordance with the ordinary legislative procedure ( 3 ),
(5) The
resolution
of
the
European
Parliament
of
26 November 2009 on the elimination of violence
Whereas:
against women ( 7 ) called on the Member States to
improve their national laws and policies to combat all
forms of violence against women and to act in order to
tackle the causes of violence against women, not least by
(1)
The Union has set itself the objective of maintaining and
employing preventive measures, and called on the Union
developing an area of freedom, security and justice, the
to guarantee the right to assistance and support for all
cornerstone of which is the mutual recognition of judicial
victims of violence.
decisions in civil and criminal matters.
(2)
The Union is committed to the protection of, and to the
(6) In
its
resolution
of
5
April
2011
on
priorities
and
outline
establishment of minimum standards in regard to,
of a new EU policy framework to fight violence against
victims of crime and the Council has adopted
women (
Framework Decision 2001/220/JHA of 15 March 2001
8 ) the European Parliament proposed a strategy
to combat violence against women, domestic violence
on the standing of victims in criminal proceedings ( 4 ).
and female genital mutilation as a basis for future legis
Under the Stockholm Programme – An open and
lative criminal-law instruments against gender-based
secure Europe serving and protecting citizens
( 5 ),
violence including a framework to fight violence
adopted by the European Council at its meeting on 10
against women (policy, prevention, protection, pros
and 11 December 2009, the Commission and the
ecution, provision and partnership) to be followed up
Member States were asked to examine how to improve
by a Union action plan. International regulation within
legislation and practical support measures for the
this area includes the United Nations Convention on the
protection of victims, with particular attention paid to,
Elimination of All Forms of Discrimination against
support for and recognition of, all victims, including for
Women (CEDAW) adopted on 18 December 1979, the
victims of terrorism, as a priority.
CEDAW Committee's recommendations and decisions,
and the Council of Europe Convention on preventing
( 1 ) OJ C 43, 15.2.2012, p. 39.
and combating violence against women and domestic
( 2 ) OJ C 113, 18.4.2012, p. 56.
violence adopted on 7 April 2011.
( 3 ) Position of the European Parliament of 12 September 2012 (not yet
published in the Official Journal) and decision of the Council of
4 October 2012.
( 6 ) OJ C 187, 28.6.2011, p. 1.
( 4 ) OJ L 82, 22.3.2001, p. 1.
( 7 ) OJ C 285 E, 21.10.2010, p. 53.
( 5 ) OJ C 115, 4.5.2010, p. 1.
( 8 ) OJ C 296 E, 2.10.2012, p. 26.
L 315/58
EN
Official Journal of the European Union
14.11.2012
(7) Directive
2011/99/EU
of
the
European
Parliament
and
of
citizenship or nationality. Reporting a crime and partici
the Council of 13 December 2011 on the European
pating in criminal proceedings do not create any rights
protection order ( 1 ) establishes a mechanism for the
regarding the residence status of the victim.
mutual recognition of protection measures in criminal
matters between Member States. Directive 2011/36/EU
of the European Parliament and of the Council of
5 April 2011 on preventing and combating trafficking
(11) This
Directive
lays
down
minimum
rules.
Member
States
in human beings and protecting its victims ( 2 ) and
may extend the rights set out in this Directive in order to
Directive 2011/93/EU of the European Parliament and
provide a higher level of protection.
of the Council of 13 December 2011 on combating
the sexual abuse and sexual exploitation of children
and child pornography
( 3 ) address, inter alia, the
specific needs of the particular categories of victims of
human trafficking, child sexual abuse, sexual exploitation
(12) The rights set out in this Directive are without prejudice
and child pornography.
to the rights of the offender. The term ‘offender’ refers to
a person who has been convicted of a crime. However,
for the purposes of this Directive, it also refers to a
suspected or accused person before any acknowl
edgement of guilt or conviction, and it is without
(8) Council
Framework
Decision
2002/475/JHA
of
13
June
prejudice to the presumption of innocence.
2002 on combating terrorism
( 4 ) recognises that
terrorism constitutes one of the most serious violations
of the principles on which the Union is based, including
the principle of democracy, and confirms that it consti
(13) This
Directive
applies
in
relation
to
criminal
offences
tutes, inter alia, a threat to the free exercise of human
committed in the Union and to criminal proceedings
rights.
that take place in the Union. It confers rights on
victims of extra-territorial offences only in relation to
criminal proceedings that take place in the Union.
Complaints made to competent authorities outside the
Union, such as embassies, do not trigger the obligations
(9)
Crime is a wrong against society as well as a violation of
set out in this Directive.
the individual rights of victims. As such, victims of crime
should be recognised and treated in a respectful, sensitive
and professional manner without discrimination of any
kind based on any ground such as race, colour, ethnic or
social origin, genetic features, language, religion or belief,
(14) In
applying
this
Directive,
children's
best
interests
must
political or any other opinion, membership of a national
be a primary consideration, in accordance with the
minority, property, birth, disability, age, gender, gender
Charter of Fundamental Rights of the European Union
expression, gender identity, sexual orientation, residence
and the United Nations Convention on the Rights of the
status or health. In all contacts with a competent
Child adopted on 20 November 1989. Child victims
authority operating within the context of criminal
should be considered and treated as the full bearers of
proceedings, and any service coming into contact with
rights set out in this Directive and should be entitled to
victims, such as victim support or restorative justice
exercise those rights in a manner that takes into account
services, the personal situation and immediate needs,
their capacity to form their own views.
age, gender, possible disability and maturity of victims
of crime should be taken into account while fully
respecting their physical, mental and moral integrity.
Victims of crime should be protected from secondary
(15) In
applying
this
Directive,
Member
States
should
ensure
and repeat victimisation, from intimidation and from
that victims with disabilities are able to benefit fully from
retaliation, should receive appropriate support to
the rights set out in this Directive, on an equal basis with
facilitate their recovery and should be provided with
others, including by facilitating the accessibility to
sufficient access to justice.
premises where criminal proceedings are conducted and
access to information.
(10) This
Directive
does
not
address
the
conditions
of
the
residence of victims of crime in the territory of the
(16) Victims of terrorism have suffered attacks that are
Member States. Member States should take the
intended ultimately to harm society. They may
necessary measures to ensure that the rights set out in
therefore need special attention, support and protection
this Directive are not made conditional on the victim's
due to the particular nature of the crime that has been
residence status in their territory or on the victim's
committed against them. Victims of terrorism can be
under significant public scrutiny and often need social
recognition and respectful treatment by society.
( 1 ) OJ L 338, 21.12.2011, p. 2.
Member States should therefore take particular account
( 2 ) OJ L 101, 15.4.2011, p. 1.
( 3 ) OJ L 335, 17.12.2011, p. 1.
of the needs of victims of terrorism, and should seek to
( 4 ) OJ L 164, 22.6.2002, p. 3.
protect their dignity and security.
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14.11.2012 Official
Journal
of
the
European
Union L
315/59
(17) Violence
that
is
directed
against
a
person
because
of
that
(20) The
role
of
victims
in
the
criminal
justice
system
and
person's gender, gender identity or gender expression or
whether they can participate actively in criminal
that affects persons of a particular gender disproportion
proceedings vary across Member States, depending on
ately, is understood as gender-based violence. It may
the national system, and is determined by one or more
result in physical, sexual, emotional or psychological
of the following criteria: whether the national system
harm, or economic loss, to the victim. Gender-based
provides for a legal status as a party to criminal
violence is understood to be a form of discrimination
proceedings; whether the victim is under a legal
and a violation of the fundamental freedoms of the
requirement or is requested to participate actively in
victim and includes violence in close relationships,
criminal proceedings, for example as a witness; and/or
sexual violence (including rape, sexual assault and harass
whether the victim has a legal entitlement under national
ment), trafficking in human beings, slavery, and different
law to participate actively in criminal proceedings and is
forms of harmful practices, such as forced marriages,
seeking to do so, where the national system does not
female genital mutilation and so-called ‘honour crimes’.
provide that victims have the legal status of a party to
Women victims of gender-based violence and their
the criminal proceedings. Member States should
children often require special support and protection
determine which of those criteria apply to determine
because of the high risk of secondary and repeat victi
the scope of rights set out in this Directive where there
misation, of intimidation and of retaliation connected
are references to the role of the victim in the relevant
with such violence.
criminal justice system.
(18) Where
violence
is
committed
in
a
close
relationship,
it
is
committed by a person who is a current or former
(21) Information
and
advice
provided
by
competent
auth
spouse, or partner or other family member of the
orities, victim support services and restorative justice
victim, whether or not the offender shares or has
services should, as far as possible, be given by means
shared the same household with the victim. Such
of a range of media and in a manner which can be
violence could cover physical, sexual, psychological or
understood by the victim. Such information and advice
economic violence and could result in physical, mental
should be provided in simple and accessible language. It
or emotional harm or economic loss. Violence in close
should also be ensured that the victim can be understood
relationships is a serious and often hidden social problem
during proceedings. In this respect, the victim's
which could cause systematic psychological and physical
knowledge of the language used to provide information,
trauma with severe consequences because the offender is
age, maturity, intellectual and emotional capacity, literacy
a person whom the victim should be able to trust.
and any mental or physical impairment should be taken
Victims of violence in close relationships may therefore
into account. Particular account should be taken of
be in need of special protection measures. Women are
difficulties in understanding or communicating which
affected disproportionately by this type of violence and
may be due to a disability of some kind, such as
the situation can be worse if the woman is dependent on
hearing or speech impediments. Equally, limitations on
the offender economically, socially or as regards her right
a victim's ability to communicate information should be
to residence.
taken into account during criminal proceedings.
(19) A person should be considered to be a victim regardless
(22) The
moment
when
a
complaint
is
made
should,
for
the
of whether an offender is identified, apprehended, pros
purposes of this Directive, be considered as falling within
ecuted or convicted and regardless of the familial rela
the context of the criminal proceedings. This should also
tionship between them. It is possible that family
include situations where authorities initiate criminal
members of victims are also harmed as a result of the
proceedings
ex officio as a result of a criminal offence
crime. In particular, family members of a person whose
suffered by a victim.
death has been directly caused by a criminal offence
could be harmed as a result of the crime. Such family
members, who are indirect victims of the crime, should
therefore also benefit from protection under this
Directive. However, Member States should be able to
establish procedures to limit the number of family
members who can benefit from the rights set out in
(23) Information
about
reimbursement
of
expenses
should
be
this Directive. In the case of a child, the child or,
provided, from the time of the first contact with a
unless this is not in the best interests of the child, the
competent authority, for example in a leaflet stating
holder of parental responsibilty on behalf of the child,
the basic conditions for such reimbursement of
should be entitled to exercise the rights set out in this
expenses. Member States should not be required, at this
Directive. This Directive is without prejudice to any
early stage of the criminal proceedings, to decide on
national administrative procedures required to establish
whether the victim concerned fulfils the conditions for
that a person is a victim.
reimbursement of expenses.
L 315/60
EN
Official Journal of the European Union
14.11.2012
(24) When reporting a crime, victims should receive a written
understood only as a reference to the finding of guilt
acknowledgement of their complaint from the police,
or otherwise ending criminal proceedings. The reasons
stating the basic elements of the crime, such as the
for that decision should be provided to the victim
type of crime, the time and place, and any damage or
through a copy of the document which contains that
harm caused by the crime. This acknowledgement should
decision or through a brief summary of them.
include a file number and the time and place for
reporting of the crime in order to serve as evidence
that the crime has been reported, for example in
relation to insurance claims.
(31) The
right
to
information
about
the
time
and
place
of
a
trial resulting from the complaint with regard to a
criminal offence suffered by the victim should also
(25) Without
prejudice
to
rules
relating
to
limitation
periods,
the delayed reporting of a criminal offence due to fear of
apply to information about the time and place of a
retaliation, humiliation or stigmatisation should not
hearing related to an appeal of a judgment in the case.
result in refusing acknowledgement of the victim's
complaint.
(32) Specific information about the release or the escape of
(26) When
providing
information,
sufficient
detail
should
be
the offender should be given to victims, upon request, at
given to ensure that victims are treated in a respectful
least in cases where there might be a danger or an
manner and to enable them to make informed decisions
identified risk of harm to the victims, unless there is
about their participation in proceedings. In this respect,
an identified risk of harm to the offender which would
information allowing the victim to know about the
result from the notification. Where there is an identified
current status of any proceedings is particularly
risk of harm to the offender which would result from the
important. This is equally relevant for information to
notification, the competent authority should take into
enable a victim to decide whether to request a review
account all other risks when determining an appropriate
of a decision not to prosecute. Unless otherwise required,
action. The reference to ‘identified risk of harm to the
it should be possible to provide the information
victims’ should cover such factors as the nature and
communicated to the victim orally or in writing,
severity of the crime and the risk of retaliation.
including through electronic means.
Therefore, it should not be applied to those situations
where minor offences were committed and thus where
there is only a slight risk of harm to the victim.
(27) Information
to
a
victim
should
be
provided
to
the
last
known correspondence address or electronic contact
details given to the competent authority by the victim.
In exceptional cases, for example due to the high number
of victims involved in a case, it should be possible to
(33) Victims
should
receive
information
about
any
right
to
provide information through the press, through an
appeal of a decision to release the offender, if such a
official website of the competent authority or through
right exists in national law.
a similar communication channel.
(28) Member States should not be obliged to provide
(34) Justice
cannot
be
effectively
achieved
unless
victims
can
information where disclosure of that information could
properly explain the circumstances of the crime and
affect the proper handling of a case or harm a given case
provide their evidence in a manner understandable to
or person, or if they consider it contrary to the essential
the competent authorities. It is equally important to
interests of their security.
ensure that victims are treated in a respectful manner
and that they are able to access their rights. Interpre
tation should therefore be made available, free of
charge, during questioning of the victim and in order
(29) Competent
authorities
should
ensure
that
victims
receive
to enable them to participate actively in court hearings,
updated contact details for communication about their
in accordance with the role of the victim in the relevant
case unless the victim has expressed a wish not to
criminal justice system. For other aspects of criminal
receive such information.
proceedings, the need for interpretation and translation
can vary depending on specific issues, the role of the
victim in the relevant criminal justice system and his
or her involvement in proceedings and any specific
rights they have. As such, interpretation and translation
(30) A
reference
to
a
‘decision’
in
the
context
of
the
right
to
for these other cases need only be provided to the extent
information, interpretation and translation, should be
necessary for victims to exercise their rights.
EN
14.11.2012 Official
Journal
of
the
European
Union L
315/61
(35) The
victim
should
have
the
right
to
challenge
a
decision
medical and forensic examination for evidence in cases of
finding that there is no need for interpretation or trans
rape or sexual assault, short and long-term psychological
lation, in accordance with procedures in national law.
counselling, trauma care, legal advice, advocacy and
That right does not entail the obligation for Member
specific services for children as direct or indirect victims.
States to provide for a separate mechanism or
complaint procedure in which such decision may be
challenged and should not unreasonably prolong the
criminal proceedings. An internal review of the decision
in accordance with existing national procedures would
suffice.
(39) Victim
support services are not required to provide
extensive specialist and professional expertise themselves.
If necessary, victim support services should assist victims
in calling on existing professional support, such as
psychologists.
(36) The fact that a victim speaks a language which is not
widely spoken should not, in itself, be grounds to decide
that interpretation or translation would unreasonably
prolong the criminal proceedings.
(40) Although the provision of support should not be
dependent on victims making a complaint with regard
to a criminal offence to a competent authority such as
the police, such authorities are often best placed to
inform victims of the possibility of support. Member
States are therefore encouraged to establish appropriate
(37) Support should be available
from the moment the
conditions to enable the referral of victims to victim
competent authorities are aware of the victim and
support services, including by ensuring that data
throughout criminal proceedings and for an appropriate
protection requirements can be and are adhered to.
time after such proceedings in accordance with the needs
Repeat referrals should be avoided.
of the victim and the rights set out in this Directive.
Support should be provided through a variety of
means, without excessive formalities and through a
sufficient geographical distribution across the Member
State to allow all victims the opportunity to access
such services. Victims who have suffered considerable
(41) The right of victims to be heard should be considered to
harm due to the severity of the crime could require
have been fulfilled where victims are permitted to make
specialist support services.
statements or explanations in writing.
(38) Persons who are particularly vulnerable or who find
(42) The
right of child victims to be heard in criminal
themselves in situations that expose them to a
proceedings should not be precluded solely on the
particularly high risk of harm, such as persons
basis that the victim is a child or on the basis of that
subjected to repeat violence in close relationships,
victim's age.
victims of gender-based violence, or persons who fall
victim to other types of crime in a Member State of
which they are not nationals or residents, should be
provided with specialist support and legal protection.
Specialist support services should be based on an inte
grated and targeted approach which should, in particular,
(43) The right to a review of a decision not to prosecute
take into account the specific needs of victims, the
should be understood as referring to decisions taken by
severity of the harm suffered as a result of a criminal
prosecutors and investigative judges or law enforcement
offence, as well as the relationship between victims,
authorities such as police officers, but not to the
offenders, children and their wider social environment.
decisions taken by courts. Any review of a decision not
A main task of these services and their staff, which
to prosecute should be carried out by a different person
play an important role in supporting the victim to
or authority to that which made the original decision,
recover from and overcome potential harm or trauma
unless the initial decision not to prosecute was taken by
as a result of a criminal offence, should be to inform
the highest prosecuting authority, against whose decision
victims about the rights set out in this Directive so that
no review can be made, in which case the review may be
they can take decisions in a supportive environment that
carried out by that same authority. The right to a review
treats them with dignity, respect and sensitivity. The
of a decision not to prosecute does not concern special
types of support that such specialist support services
procedures, such as proceedings against members of
should offer could include providing shelter and safe
parliament or government, in relation to the exercise of
accommodation, immediate medical support, referral to
their official position.
L 315/62
EN
Official Journal of the European Union
14.11.2012
(44) A
decision
ending
criminal
proceedings
should
include
that the victim is obliged or requested by the competent
situations where a prosecutor decides to withdraw
authorities to be present and actively participate in the
charges or discontinue proceedings.
criminal proceedings.
(48) Recoverable property which is seized in criminal
proceedings should be returned as soon as possible to
(45) A
decision
of
the
prosecutor
resulting
in
an
out-of-court
the victim of the crime, subject to exceptional circum
settlement and thus ending criminal proceedings,
stances, such as in a dispute concerning the ownership or
excludes victims from the right to a review of a
where the possession of the property or the property
decision of the prosecutor not to prosecute, only if the
itself is illegal. The right to have property returned
settlement imposes a warning or an obligation.
should be without prejudice to its legitimate retention
for the purposes of other legal proceedings.
(49) The
right to a decision on compensation from the
(46) Restorative
justice
services,
including
for
example
victim-
offender and the relevant applicable procedure should
offender mediation, family group conferencing and
also apply to victims resident in a Member State other
sentencing circles, can be of great benefit to the victim,
than the Member State where the criminal offence was
but require safeguards to prevent secondary and repeat
committed.
victimisation, intimidation and retaliation. Such services
should therefore have as a primary consideration the
interests and needs of the victim, repairing the harm
done to the victim and avoiding further harm. Factors
such as the nature and severity of the crime, the ensuing
degree of trauma, the repeat violation of a victim's
physical, sexual, or psychological integrity, power imbal
(50) The
obligation set out in this
Directive
to transmit
complaints should not affect Member States' competence
ances, and the age, maturity or intellectual capacity of the
to institute proceedings and is without prejudice to the
victim, which could limit or reduce the victim's ability to
rules of conflict relating to the exercise of jurisdiction, as
make an informed choice or could prejudice a positive
laid down in Council Framework Decision
outcome for the victim, should be taken into
2009/948/JHA of 30 November 2009 on prevention
consideration in referring a case to the restorative
and settlement of conflicts of exercise of jurisdiction in
justice services and in conducting a restorative justice
criminal proceedings (
process. Restorative justice processes should, in principle,
1 ).
be confidential, unless agreed otherwise by the parties, or
as required by national law due to an overriding public
interest. Factors such as threats made or any forms of
violence committed during the process may be
considered as requiring disclosure in the public interest.
(51) If the victim has left the territory of the Member State
where the criminal offence was committed, that Member
State should no longer be obliged to provide assistance,
support and protection except for what is directly related
to any criminal proceedings it is conducting regarding
the criminal offence concerned, such as special protection
measures during court proceedings. The Member State of
(47) Victims
should
not
be
expected
to
incur
expenses
in
the victim's residence should provide assistance, support
relation to their participation in criminal proceedings.
and protection required for the victim's need to recover.
Member States should be required to reimburse only
necessary expenses of victims in relation to their partici
pation in criminal proceedings and should not be
required to reimburse victims' legal fees. Member States
should be able to impose conditions in regard to the
reimbursement of expenses in national law, such as
(52) Measures
should
be
available
to
protect
the
safety
and
time limits for claiming reimbursement, standard rates
dignity of victims and their family members from
for subsistence and travel costs and maximum daily
secondary and repeat victimisation, from intimidation
amounts for loss of earnings. The right to reimbursement
and from retaliation, such as interim injunctions or
of expenses in criminal proceedings should not arise in a
protection or restraining orders.
situation where a victim makes a statement on a criminal
offence. Expenses should only be covered to the extent
( 1 ) OJ L 328, 15.12.2009, p. 42.
EN
14.11.2012 Official
Journal
of
the
European
Union L
315/63
(53) The
risk
of
secondary
and
repeat
victimisation,
of
intimi
(56) Individual
assessments should take into account the
dation and of retaliation by the offender or as a result of
personal characteristics of the victim such as his or her
participation in criminal proceedings should be limited
age, gender and gender identity or expression, ethnicity,
by carrying out proceedings in a coordinated and
race, religion, sexual orientation, health, disability,
respectful manner, enabling victims to establish trust in
residence status, communication difficulties, relationship
authorities. Interaction with competent authorities should
to or dependence on the offender and previous
be as easy as possible whilst limiting the number of
experience of crime. They should also take into
unnecessary interactions the victim has with them
account the type or nature and the circumstances of
through, for example, video recording of interviews and
the crime such as whether it is a hate crime, a bias
allowing its use in court proceedings. As wide a range of
crime or a crime committed with a discriminatory
measures as possible should be made available to practi
motive, sexual violence, violence in a close relationship,
tioners to prevent distress to the victim during court
whether the offender was in a position of control,
proceedings in particular as a result of visual contact
whether the victim's residence is in a high crime or
with the offender, his or her family, associates or
gang dominated area, or whether the victim's country
members of the public. To that end, Member States
of origin is not the Member State where the crime was
should be encouraged to introduce, especially in
committed.
relation to court buildings and police stations, feasible
and practical measures enabling the facilities to include
amenities such as separate entrances and waiting areas
for victims. In addition, Member States should, to the
extent possible, plan the criminal proceedings so that
contacts between victims and their family members and
offenders are avoided, such as by summoning victims
(57) Victims
of
human
trafficking,
terrorism,
organised
crime,
and offenders to hearings at different times.
violence in close relationships, sexual violence or exploi
tation, gender-based violence, hate crime, and victims
with disabilities and child victims tend to experience a
high rate of secondary and repeat victimisation, of intimi
dation and of retaliation. Particular care should be taken
when assessing whether such victims are at risk of such
victimisation, intimidation and of retaliation and there
should be a strong presumption that those victims will
(54) Protecting
the
privacy
of
the
victim
can
be
an
important
benefit from special protection measures.
means of preventing secondary and repeat victimisation,
intimidation and retaliation and can be achieved through
a range of measures including non-disclosure or limi
tations on the disclosure of information concerning the
identity and whereabouts of the victim. Such protection
is particularly important for child victims, and includes
non-disclosure of the name of the child. However, there
might be cases where, exceptionally, the child can benefit
(58) Victims who have been identified as vulnerable to
from the disclosure or even widespread publication of
secondary and repeat victimisation, to intimidation and
information, for example where a child has been
to retaliation should be offered appropriate measures to
abducted. Measures to protect the privacy and images
protect them during criminal proceedings. The exact
of victims and of their family members should always
nature of such measures should be determined through
be consistent with the right to a fair trial and freedom of
the individual assessment, taking into account the wish
expression, as recognised in Articles 6 and 10, respect
of the victim. The extent of any such measure should be
ively, of the European Convention for the Protection of
determined without prejudice to the rights of the defence
Human Rights and Fundamental Freedoms.
and in accordance with rules of judicial discretion. The
victims' concerns and fears in relation to proceedings
should be a key factor in determining whether they
need any particular measure.
(55) Some
victims
are
particularly
at
risk
of
secondary
and
repeat victimisation, of intimidation and of retaliation by
the offender during criminal proceedings. It is possible
(59) Immediate
operational
needs
and
constraints
may
make
that such a risk derives from the personal characteristics
it impossible to ensure, for example, that the same police
of the victim or the type, nature or circumstances of the
officer consistently interview the victim; illness, maternity
crime. Only through individual assessments, carried out
or parental leave are examples of such constraints.
at the earliest opportunity, can such a risk be effectively
Furthermore, premises specially designed for interviews
identified. Such assessments should be carried out for all
with victims may not be available due, for example, to
victims to determine whether they are at risk of
renovation. In the event of such operational or practical
secondary and repeat victimisation, of intimidation and
constraints, a special measure envisaged following an
of retaliation and what special protection measures they
individual assessment may not be possible to provide
require.
on a case-by-case basis.
L 315/64
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14.11.2012
(60) Where,
in
accordance
with
this
Directive,
a
guardian
or
a
(63) In
order
to
encourage
and
facilitate
reporting
of
crimes
representative is to be appointed for a child, those roles
and to allow victims to break the cycle of repeat victi
could be performed by the same person or by a legal
misation, it is essential that reliable support services are
person, an institution or an authority.
available to victims and that competent authorities are
prepared to respond to victims' reports in a respectful,
sensitive, professional and non-discriminatory manner.
This could increase victims' confidence in the criminal
justice systems of Member States and reduce the
number of unreported crimes. Practitioners who are
likely to receive complaints from victims with regard to
criminal offences should be appropriately trained to
facilitate reporting of crimes, and measures should be
put in place to enable third-party reporting, including
(61) Any
officials
involved
in
criminal
proceedings
who
are
by civil society organisations. It should be possible to
likely to come into personal contact with victims should
make use of communication technology, such as e-
be able to access and receive appropriate initial and
mail, video recordings or online electronic forms for
ongoing training, to a level appropriate to their contact
making complaints.
with victims, so that they are able to identify victims and
their needs and deal with them in a respectful, sensitive,
professional and non-discriminatory manner. Persons
who are likely to be involved in the individual assessment
to identify victims' specific protection needs and to
determine their need for special protection measures
should receive specific training on how to carry out
such an assessment. Member States should ensure such
training for police services and court staff. Equally,
training should be promoted for lawyers, prosecutors
(64) Systematic
and adequate statistical data collection is
and judges and for practitioners who provide victim
recognised as an essential component of effective policy
support or restorative justice services. This requirement
making in the field of rights set out in this Directive. In
should include training on the specific support services to
order to facilitate evaluation of the application of this
which victims should be referred or specialist training
Directive, Member States should communicate to the
where their work focuses on victims with specific
Commission relevant statistical data related to the appli
needs and specific psychological training, as appropriate.
cation of national procedures on victims of crime,
Where relevant, such training should be gender sensitive.
including at least the number and type of the reported
Member States' actions on training should be comple
crimes and, as far as such data are known and are
mented by guidelines, recommendations and exchange
available, the number and age and gender of the
of best practices in accordance with the Budapest
victims. Relevant statistical data can include data
roadmap.
recorded by the judicial authorities and by law
enforcement agencies and, as far as possible, adminis
trative data compiled by healthcare and social welfare
services and by public and non-governmental victim
support or restorative justice services and other organi
sations working with victims of crime. Judicial data can
include information about reported crime, the number of
cases that are investigated and persons prosecuted and
sentenced. Service-based administrative data can include,
as far as possible, data on how victims are using services
(62) Member
States
should
encourage
and
work
closely
with
provided by government agencies and public and private
civil society organisations, including recognised and
support organisations, such as the number of referrals by
active non-governmental organisations working with
police to victim support services, the number of victims
victims of crime, in particular in policymaking initiatives,
that request, receive or do not receive support or
information and awareness-raising campaigns, research
restorative justice.
and education programmes and in training, as well as
in monitoring and evaluating the impact of measures
to support and protect victims of crime. For victims of
crime to receive the proper degree of assistance, support
and protection, public services should work in a coor
dinated manner and should be involved at all adminis
trative levels — at Union level, and at national, regional
and local level. Victims should be assisted in finding and
addressing the competent authorities in order to avoid
(65) This
Directive
aims
to
amend
and
expand
the
provisions
repeat referrals. Member States should consider
of Framework Decision 2001/220/JHA. Since the
developing ‘sole points of access’ or ‘one-stop shops’,
amendments to be made are substantial in number and
that address victims' multiple needs when involved in
nature, that Framework Decision should, in the interests
criminal proceedings, including the need to receive
of clarity, be replaced in its entirety in relation to
information, assistance, support, protection and compen
Member States participating in the adoption of this
sation.
Directive.
EN
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Union L
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(66) This
Directive
respects
fundamental
rights
and
observes
(72) The
European
Data
Protection
Supervisor
delivered
an
the principles recognised by the Charter of Fundamental
opinion on 17 October 2011 ( 2 ) based on Article 41(2)
Rights of the European Union. In particular, it seeks to
of Regulation (EC) No 45/2001 of the European
promote the right to dignity, life, physical and mental
Parliament and of the Council of 18 December 2000
integrity, liberty and security, respect for private and
on the protection of individuals with regard to the
family life, the right to property, the principle of non-
processing of personal data by the Community insti
discrimination, the principle of equality between women
tutions and bodies and on the free movement of such
and men, the rights of the child, the elderly and persons
data ( 3 ),
with disabilities, and the right to a fair trial.
HAVE ADOPTED THIS DIRECTIVE:
(67) Since
the
objective
of
this
Directive,
namely
to
establish
minimum standards on the rights, support and
CHAPTER 1
protection of victims of crime, cannot be sufficiently
achieved by the Member States, and can therefore, by
GENERAL PROVISIONS
reason of its scale and potential effects, be better
Article 1
achieved at Union level, the Union may adopt
measures in accordance with the principle of subsidiarity
Objectives
as set out in Article 5 of the Treaty on European Union
(TEU). In accordance with the principle of propor
1. The
purpose
of
this
Directive
is
to
ensure
that
victims
of
tionality, as set out in that Article, this Directive does
crime receive appropriate information, support and protection
not go beyond what is necessary in order to achieve that
and are able to participate in criminal proceedings.
objective.
Member States shall ensure that victims are recognised and
treated in a respectful, sensitive, tailored, professional and
(68) Personal data processed when implementing this
non-discriminatory manner, in all contacts with victim
Directive should be protected in accordance with
support or restorative justice services or a competent authority,
Council Framework Decision 2008/977/JHA of
operating within the context of criminal proceedings. The rights
27 November 2008 on the protection of personal data
set out in this Directive shall apply to victims in a non-discrimi
processed in the framework of police and judicial
natory manner, including with respect to their residence status.
cooperation in criminal matters ( 1 ) and in accordance
with the principles laid down in the Council of Europe
Convention of 28 January 1981 for the Protection of
2. Member
States
shall
ensure
that
in
the
application
of
this
Individuals with regard to Automatic Processing of
Directive, where the victim is a child, the child's best interests
Personal Data, which all Member States have ratified.
shall be a primary consideration and shall be assessed on an
individual basis. A child-sensitive approach, taking due account
of the child's age, maturity, views, needs and concerns, shall
prevail. The child and the holder of parental responsibility or
other legal representative, if any, shall be informed of any
(69) This Directive does not affect more far reaching
provisions contained in other Union acts which address
measures or rights specifically focused on the child.
the specific needs of particular categories of victims, such
as victims of human trafficking and victims of child
sexual abuse, sexual exploitation and child pornography,
Article 2
in a more targeted manner.
Definitions
1.
For the purposes of this Directive the following definitions
shall apply:
(70) In
accordance
with
Article
3
of
Protocol
No
21
on
the
position of the United Kingdom and Ireland in respect of
the Area of Freedom, Security and Justice, annexed to the
(a) ‘victim’ means:
TEU and to the TFEU, those Member States have notified
their wish to take part in the adoption and application of
this Directive.
(i) a natural person who has suffered harm, including
physical, mental or emotional harm or economic loss
which was directly caused by a criminal offence;
(71) In accordance with Articles 1 and 2 of Protocol No 22
on the position of Denmark, annexed to the TEU and to
(ii) family members of a person whose death was directly
the TFEU, Denmark is not taking part in the adoption of
caused by a criminal offence and who have suffered
this Directive and is not bound by it or subject to its
harm as a result of that person's death;
application.
( 2 ) OJ C 35, 9.2.2012, p. 10.
( 1 ) OJ L 350, 30.12.2008, p. 60.
( 3 ) OJ L 8, 12.1.2001, p. 1.
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14.11.2012
(b) ‘family members’ means the spouse, the person who is
(a) the type of support they can obtain and from whom,
living with the victim in a committed intimate relationship,
including, where relevant, basic information about access
in a joint household and on a stable and continuous basis,
to medical support, any specialist support, including
the relatives in direct line, the siblings and the dependants
psychological support, and alternative accommodation;
of the victim;
(c) ‘child’ means any person below 18 years of age;
(b) the procedures for making complaints with regard to a
criminal offence and their role in connection with such
procedures;
(d) ‘restorative justice’ means any process whereby the victim
and the offender are enabled, if they freely consent, to
participate actively in the resolution of matters arising
from the criminal offence through the help of an
(c) how and under what conditions they can obtain protection,
impartial third party.
including protection measures;
2. Member
States
may
establish
procedures:
(d) how and under what conditions they can access legal advice,
legal aid and any other sort of advice;
(a) to limit the number of family members who may benefit
from the rights set out in this Directive taking into account
the individual circumstances of each case; and
(e) how and under what conditions they can access compen
sation;
(b) in relation to paragraph (1)(a)(ii), to determine which family
members have priority in relation to the exercise of the
rights set out in this Directive.
(f) how and under what conditions they are entitled to inter
pretation and translation;
CHAPTER 2
PROVISION OF INFORMATION AND SUPPORT
Article 3
(g) if they are resident in a Member State other than that where
Right to understand and to be understood
the criminal offence was committed, any special measures,
procedures or arrangements, which are available to protect
1. Member
States
shall
take
appropriate
measures
to
assist
their interests in the Member State where the first contact
victims to understand and to be understood from the first
with the competent authority is made;
contact and during any further necessary interaction they have
with a competent authority in the context of criminal
proceedings, including where information is provided by that
authority.
(h) the available procedures for making complaints where their
rights are not respected by the competent authority
operating within the context of criminal proceedings;
2. Member
States
shall
ensure
that
communications
with
victims are given in simple and accessible language, orally or
in writing. Such communications shall take into account the
personal characteristics of the victim including any disability
(i) the contact details for communications about their case;
which may affect the ability to understand or to be understood.
3. Unless
contrary
to
the
interests
of
the
victim
or
unless
the
(j) the available restorative justice services;
course of proceedings would be prejudiced, Member States shall
allow victims to be accompanied by a person of their choice in
the first contact with a competent authority where, due to the
impact of the crime, the victim requires assistance to understand
(k) how and under what conditions expenses incurred as a
or to be understood.
result of their participation in the criminal proceedings
can be reimbursed.
Article 4
Right to receive information from the first contact with a
competent authority
2. The
extent
or
detail
of
information
referred
to
in
paragraph 1 may vary depending on the specific needs and
1. Member
States
shall
ensure
that
victims
are
offered
the personal circumstances of the victim and the type or nature
following information, without unnecessary delay, from their
of the crime. Additional details may also be provided at later
first contact with a competent authority in order to enable
stages depending on the needs of the victim and the relevance,
them to access the rights set out in this Directive:
at each stage of proceedings, of such details.
EN
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Union L
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Article 5
4. The wish of victims as to whether or not to receive
information shall bind the competent authority, unless that
Right of victims when making a complaint
information must be provided due to the entitlement of the
1. Member States shall ensure that victims receive written
victim to active participation in the criminal proceedings.
acknowledgement of their formal complaint made by them to
Member States shall allow victims to modify their wish at any
the competent authority of a Member State, stating the basic
moment, and shall take such modification into account.
elements of the criminal offence concerned.
2. Member
States
shall
ensure
that
victims
who
wish
to
5. Member
States
shall
ensure
that
victims
are
offered
the
make a complaint with regard to a criminal offence and who
opportunity to be notified, without unnecessary delay, when
do not understand or speak the language of the competent
the person remanded in custody, prosecuted or sentenced for
authority be enabled to make the complaint in a language
criminal offences concerning them is released from or has
that they understand or by receiving the necessary linguistic
escaped detention. Furthermore, Member States shall ensure
assistance.
that victims are informed of any relevant measures issued for
their protection in case of release or escape of the offender.
3. Member
States
shall
ensure
that
victims
who
do
not
understand or speak the language of the competent authority,
receive translation, free of charge, of the written acknowl
6. Victims
shall,
upon
request,
receive
the
information
edgement of their complaint provided for in paragraph 1, if
provided for in paragraph 5 at least in cases where there is a
they so request, in a language that they understand.
danger or an identified risk of harm to them, unless there is an
identified risk of harm to the offender which would result from
the notification.
Article 6
Right to receive information about their case
Article 7
1. Member States shall ensure that victims are notified
without unnecessary delay of their right to receive the
Right to interpretation and translation
following information about the criminal proceedings instituted
1. Member
States
shall
ensure
that
victims
who
do
not
as a result of the complaint with regard to a criminal offence
understand or speak the language of the criminal proceedings
suffered by the victim and that, upon request, they receive such
concerned are provided, upon request, with interpretation in
information:
accordance with their role in the relevant criminal justice
system in criminal proceedings, free of charge, at least during
any interviews or questioning of the victim during criminal
(a) any decision not to proceed with or to end an investigation
proceedings before investigative and judicial authorities,
or not to prosecute the offender;
including during police questioning, and interpretation for
their active participation in court hearings and any necessary
interim hearings.
(b) the time and place of the trial, and the nature of the charges
against the offender.
2. Without
prejudice
to
the
rights
of
the
defence
and
in
2. Member
States
shall
ensure
that,
in
accordance
with
their accordance with rules of judicial discretion, communication
role in the relevant criminal justice system, victims are notified
technology such as videoconferencing, telephone or internet
without unnecessary delay of their right to receive the following
may be used, unless the physical presence of the interpreter is
information about the criminal proceedings instituted as a result
required in order for the victims to properly exercise their rights
of the complaint with regard to a criminal offence suffered by
or to understand the proceedings.
them and that, upon request, they receive such information:
(a) any final judgment in a trial;
3. Member
States
shall
ensure
that
victims
who
do
not
understand or speak the language of the criminal proceedings
concerned are provided, in accordance with their role in the
(b) information enabling the victim to know about the state of
relevant criminal justice system in criminal proceedings, upon
the criminal proceedings, unless in exceptional cases the
request, with translations of information essential to the exercise
proper handling of the case may be adversely affected by
of their rights in criminal proceedings in a language that they
such notification.
understand, free of charge, to the extent that such information
is made available to the victims. Translations of such
information shall include at least any decision ending the
3. Information
provided
for
under
paragraph
1(a)
and criminal proceedings related to the criminal offence suffered
paragraph 2(a) shall include reasons or a brief summary of
by the victim, and upon the victim's request, reasons or a
reasons for the decision concerned, except in the case of a
brief summary of reasons for such decision, except in the
jury decision or a decision where the reasons are confidential
case of a jury decision or a decision where the reasons are
in which cases the reasons are not provided as a matter of
confidential in which cases the reasons are not provided as a
national law.
matter of national law.
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14.11.2012
4. Member
States
shall
ensure
that
victims
who
are
entitled
3. Member
States
shall
take
measures
to
establish
free
of
to information about the time and place of the trial in
charge and confidential specialist support services in addition
accordance with Article 6(1)(b) and who do not understand
to, or as an integrated part of, general victim support services,
the language of the competent authority, are provided with a
or to enable victim support organisations to call on existing
translation of the information to which they are entitled, upon
specialised entities providing such specialist support. Victims, in
request.
accordance with their specific needs, shall have access to such
services and family members shall have access in accordance
with their specific needs and the degree of harm suffered as a
result of the criminal offence committed against the victim.
5. Victims
may
submit
a
reasoned
request
to
consider
a
document as essential. There shall be no requirement to
translate passages of essential documents which are not
4. Victim support services and any specialist support services
relevant for the purpose of enabling victims to actively
may be set up as public or non-governmental organisations and
participate in the criminal proceedings.
may be organised on a professional or voluntary basis.
5. Member
States
shall
ensure
that
access
to
any
victim
support services is not dependent on a victim making a
6. Notwithstanding
paragraphs
1
and
3,
an
oral
translation formal complaint with regard to a criminal offence to a
or oral summary of essential documents may be provided
competent authority.
instead of a written translation on condition that such oral
translation or oral summary does not prejudice the fairness of
the proceedings.
Article 9
Support from victim support services
1. Victim
support
services,
as
referred
to
in
Article
8(1),
7. Member States shall ensure that the competent authority
shall, as a minimum, provide:
assesses whether victims need interpretation or translation as
provided for under paragraphs 1 and 3. Victims may
challenge a decision not to provide interpretation or translation.
The procedural rules for such a challenge shall be determined
(a) information, advice and support relevant to the rights of
by national law.
victims including on accessing national compensation
schemes for criminal injuries, and on their role in
criminal proceedings including preparation for attendance
at the trial;
8. Interpretation and translation and any consideration of a
challenge of a decision not to provide interpretation or trans
lation under this Article shall not unreasonably prolong the
(b) information about or direct referral to any relevant specialist
criminal proceedings.
support services in place;
(c) emotional and, where available, psychological support;
Article 8
Right to access victim support services
(d) advice relating to financial and practical issues arising from
1. Member
States
shall
ensure
that
victims,
in
accordance
the crime;
with their needs, have access to confidential victim support
services, free of charge, acting in the interests of the victims
before, during and for an appropriate time after criminal
proceedings. Family members shall have access to victim
(e) unless otherwise provided by other public or private
support services in accordance with their needs and the
services, advice relating to the risk and prevention of
degree of harm suffered as a result of the criminal offence
secondary and repeat victimisation, of intimidation and of
committed against the victim.
retaliation.
2. Member
States
shall
encourage
victim
support
services
to
2. Member
States
shall
facilitate
the
referral
of
victims,
by
the pay particular attention to the specific needs of victims who
competent authority that received the complaint and by other
have suffered considerable harm due to the severity of the
relevant entities, to victim support services.
crime.
EN
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Union L
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3. Unless
otherwise
provided
by
other
public
or
private 5. Paragraphs 1, 3 and 4 shall not apply to a decision of the
services, specialist support services referred to in Article 8(3),
prosecutor not to prosecute, if such a decision results in an out-
shall, as a minimum, develop and provide:
of-court settlement, in so far as national law makes such
provision.
(a) shelters or any other appropriate interim accommodation
for victims in need of a safe place due to an imminent
risk of secondary and repeat victimisation, of intimidation
Article 12
and of retaliation;
Right to safeguards in the context of restorative justice
services
1. Member
States
shall
take
measures
to
safeguard
the
victim
(b) targeted and integrated support for victims with specific
from secondary and repeat victimisation, from intimidation and
needs, such as victims of sexual violence, victims of
from retaliation, to be applied when providing any restorative
gender-based violence and victims of violence in close rela
justice services. Such measures shall ensure that victims who
tionships, including trauma support and counselling.
choose to participate in restorative justice processes have
access to safe and competent restorative justice services,
subject to at least the following conditions:
CHAPTER 3
PARTICIPATION IN CRIMINAL PROCEEDINGS
Article 10
(a) the restorative justice services are used only if they are in
the interest of the victim, subject to any safety consider
Right to be heard
ations, and are based on the victim's free and informed
1. Member
States
shall
ensure
that
victims
may
be
heard
consent, which may be withdrawn at any time;
during criminal proceedings and may provide evidence. Where
a child victim is to be heard, due account shall be taken of the
child's age and maturity.
(b) before agreeing to participate in the restorative justice
process, the victim is provided with full and unbiased
information about that process and the potential
2. The
procedural
rules
under
which
victims
may
be
heard
outcomes as well as information about the procedures for
during criminal proceedings and may provide evidence shall be
supervising the implementation of any agreement;
determined by national law.
Article 11
(c) the offender has acknowledged the basic facts of the case;
Rights in the event of a decision not to prosecute
1. Member
States
shall
ensure
that
victims,
in
accordance (d) any agreement is arrived at voluntarily and may be taken
with their role in the relevant criminal justice system, have
into account in any further criminal proceedings;
the right to a review of a decision not to prosecute. The
procedural rules for such a review shall be determined by
national law.
(e) discussions in restorative justice processes that are not
conducted in public are confidential and are not
2. Where,
in
accordance
with
national
law,
the
role
of
the
subsequently disclosed, except with the agreement of the
victim in the relevant criminal justice system will be established
parties or as required by national law due to an overriding
only after a decision to prosecute the offender has been taken,
public interest.
Member States shall ensure that at least the victims of serious
crimes have the right to a review of a decision not to prosecute.
The procedural rules for such a review shall be determined by
national law.
2. Member
States
shall
facilitate
the
referral
of
cases,
as
appropriate to restorative justice services, including through
the establishment of procedures or guidelines on the conditions
for such referral.
3. Member States shall ensure that victims are notified
without unnecessary delay of their right to receive, and that
they receive sufficient information to decide whether to
request a review of any decision not to prosecute upon request.
Article 13
Right to legal aid
4. Where the decision not to prosecute is taken by the
Member States shall ensure that victims have access to legal aid,
highest prosecuting authority against whose decision no
where they have the status of parties to criminal proceedings.
review may be carried out under national law, the review
The conditions or procedural rules under which victims have
may be carried out by the same authority.
access to legal aid shall be determined by national law.
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14.11.2012
Article 14
2. Member
States
shall
ensure
that
victims
of
a
criminal
offence committed in Member States other than that where
Right to reimbursement of expenses
they reside may make a complaint to the competent authorities
Member States shall afford victims who participate in criminal
of the Member State of residence, if they are unable to do so in
proceedings, the possibility of reimbursement of expenses
the Member State where the criminal offence was committed or,
incurred as a result of their active participation in criminal
in the event of a serious offence, as determined by national law
proceedings, in accordance with their role in the relevant
of that Member State, if they do not wish to do so.
criminal justice system. The conditions or procedural rules
under which victims may be reimbursed shall be determined
by national law.
3. Member
States
shall
ensure
that
the
competent
authority
to which the victim makes a complaint transmits it without
delay to the competent authority of the Member State in
Article 15
which the criminal offence was committed, if the competence
to institute the proceedings has not been exercised by the
Right to the return of property
Member State in which the complaint was made.
Member States shall ensure that, following a decision by a
competent authority, recoverable property which is seized in
CHAPTER 4
the course of criminal proceedings is returned to victims
without delay, unless required for the purposes of criminal
PROTECTION OF VICTIMS AND RECOGNITION OF VICTIMS
proceedings. The conditions or procedural rules under which
WITH SPECIFIC PROTECTION NEEDS
such property is returned to the victims shall be determined
by national law.
Article 18
Right to protection
Article 16
Without prejudice to the rights of the defence, Member States
shall ensure that measures are available to protect victims and
Right to decision on compensation from the offender in
their family members from secondary and repeat victimisation,
the course of criminal proceedings
from intimidation and from retaliation, including against the
1. Member States shall ensure that, in the course of criminal
risk of emotional or psychological harm, and to protect the
proceedings, victims are entitled to obtain a decision on
dignity of victims during questioning and when testifying.
compensation by the offender, within a reasonable time,
When necessary, such measures shall also include procedures
except where national law provides for such a decision to be
established under national law for the physical protection of
made in other legal proceedings.
victims and their family members.
Article 19
2. Member
States
shall
promote
measures
to
encourage
offenders to provide adequate compensation to victims.
Right to avoid contact between victim and offender
1. Member
States
shall
establish
the
necessary
conditions
to
Article 17
enable avoidance of contact between victims and their family
members, where necessary, and the offender within premises
Rights of victims resident in another Member State
where criminal proceedings are conducted, unless the criminal
proceedings require such contact.
1. Member
States
shall
ensure
that
their
competent
auth
orities can take appropriate measures to minimise the difficulties
faced where the victim is a resident of a Member State other
2. Member
States
shall
ensure
that
new
court
premises
have
than that where the criminal offence was committed,
separate waiting areas for victims.
particularly with regard to the organisation of the proceedings.
For this purpose, the authorities of the Member State where the
criminal offence was committed shall, in particular, be in a
Article 20
position:
Right to protection of victims during criminal
investigations
(a) to take a statement from the victim immediately after the
Without prejudice to the rights of the defence and in
complaint with regard to the criminal offence is made to
accordance with rules of judicial discretion, Member States
the competent authority;
shall ensure that during criminal investigations:
(b) to have recourse to the extent possible to the provisions on
(a) interviews of victims are conducted without unjustified
video conferencing and telephone conference calls laid
delay after the complaint with regard to a criminal
down in the Convention on Mutual Assistance in Criminal
offence has been made to the competent authority;
Matters between the Member States of the European Union
of 29 May 2000 ( 1 ) for the purpose of hearing victims who
are resident abroad.
(b) the number of interviews of victims is kept to a minimum
and interviews are carried out only where strictly necessary
( 1 ) OJ C 197, 12.7.2000, p. 3.
for the purposes of the criminal investigation;
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(c) victims may be accompanied by their legal representative
personal characteristics; victims whose relationship to and
and a person of their choice, unless a reasoned decision
dependence on the offender make them particularly vulnerable.
has been made to the contrary;
In this regard, victims of terrorism, organised crime, human
trafficking, gender-based violence, violence in a close rela
tionship, sexual violence, exploitation or hate crime, and
(d) medical examinations are kept to a minimum and are
victims with disabilities shall be duly considered.
carried out only where strictly necessary for the purposes
of the criminal proceedings.
4. For
the
purposes
of
this
Directive,
child
victims
shall
be
presumed to have specific protection needs due to their vulner
Article 21
ability to secondary and repeat victimisation, to intimidation
Right to protection of privacy
and to retaliation. To determine whether and to what extent
they would benefit from special measures as provided for under
1. Member
States
shall
ensure
that
competent
authorities Articles 23 and 24, child victims shall be subject to an indi
may take during the criminal proceedings appropriate
vidual assessment as provided for in paragraph 1 of this Article.
measures to protect the privacy, including personal character
istics of the victim taken into account in the individual
assessment provided for under Article 22, and images of
5. The
extent
of
the
individual
assessment
may
be
adapted
victims and of their family members. Furthermore, Member
according to the severity of the crime and the degree of
States shall ensure that competent authorities may take all
apparent harm suffered by the victim.
lawful measures to prevent public dissemination of any
information that could lead to the identification of a child
victim.
6. Individual
assessments
shall
be
carried
out
with
the
close
involvement of the victim and shall take into account their
2. In
order
to
protect
the
privacy,
personal
integrity
and wishes including where they do not wish to benefit from
personal data of victims, Member States shall, with respect for
special measures as provided for in Articles 23 and 24.
freedom of expression and information and freedom and
pluralism of the media, encourage the media to take self-regu
latory measures.
7. If the elements that form the basis of the individual
assessment have changed significantly, Member States shall
ensure that it is updated throughout the criminal proceedings.
Article 22
Individual assessment of victims to identify specific
protection needs
Article 23
1. Member
States
shall
ensure
that
victims
receive
a
timely
Right to protection of victims with specific protection
and individual assessment, in accordance with national
needs during criminal proceedings
procedures, to identify specific protection needs and to
determine whether and to what extent they would benefit
1. Without
prejudice
to
the
rights
of
the
defence
and
in
from special measures in the course of criminal proceedings,
accordance with rules of judicial discretion, Member States
as provided for under Articles 23 and 24, due to their particular
shall ensure that victims with specific protection needs who
vulnerability to secondary and repeat victimisation, to intimi
benefit from special measures identified as a result of an indi
dation and to retaliation.
vidual assessment provided for in Article 22(1), may benefit
from the measures provided for in paragraphs 2 and 3 of
this Article. A special measure envisaged following the indi
vidual assessment shall not be made available if operational
2. The
individual
assessment
shall,
in
particular,
take
into or practical constraints make this impossible, or where there
account:
is a an urgent need to interview the victim and failure to do
so could harm the victim or another person or could prejudice
the course of the proceedings.
(a) the personal characteristics of the victim;
2. The
following
measures
shall
be
available
during
criminal
(b) the type or nature of the crime; and
investigations to victims with specific protection needs
identified in accordance with Article 22(1):
(c) the circumstances of the crime.
(a) interviews with the victim being carried out in premises
designed or adapted for that purpose;
3. In
the
context
of
the
individual
assessment,
particular
attention shall be paid to victims who have suffered
considerable harm due to the severity of the crime; victims
who have suffered a crime committed with a bias or discrimi
(b) interviews with the victim being carried out by or through
natory motive which could, in particular, be related to their
professionals trained for that purpose;
L 315/72
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(c) all interviews with the victim being conducted by the same
a conflict of interest between the child victim and the
persons unless this is contrary to the good administration of
holders of parental responsibility.
justice;
(d) all interviews with victims of sexual violence, gender-based
The procedural rules for the audiovisual recordings referred to
violence or violence in close relationships, unless conducted
in point (a) of the first subparagraph and the use thereof shall
by a prosecutor or a judge, being conducted by a person of
be determined by national law.
the same sex as the victim, if the victim so wishes, provided
that the course of the criminal proceedings will not be
prejudiced.
2. Where the age of a victim is uncertain and there are
reasons to believe that the victim is a child, the victim shall,
3. The
following
measures
shall
be
available
for
victims
with for the purposes of this Directive, be presumed to be a child.
specific protection needs identified in accordance with
Article 22(1) during court proceedings:
CHAPTER 5
(a) measures to avoid visual contact between victims and
offenders including during the giving of evidence, by appro
OTHER PROVISIONS
priate means including the use of communication tech
Article 25
nology;
Training of practitioners
1. Member
States
shall
ensure
that
officials
likely
to
come
(b) measures to ensure that the victim may be heard in the
into contact with victims, such as police officers and court staff,
courtroom without being present, in particular through
receive both general and specialist training to a level appropriate
the use of appropriate communication technology;
to their contact with victims to increase their awareness of the
needs of victims and to enable them to deal with victims in an
impartial, respectful and professional manner.
(c) measures to avoid unnecessary questioning concerning the
victim's private life not related to the criminal offence; and
2. Without
prejudice
to
judicial
independence
and
differences
(d) measures allowing a hearing to take place without the
in the organisation of the judiciary across the Union, Member
presence of the public.
States shall request that those responsible for the training of
judges and prosecutors involved in criminal proceedings make
available both general and specialist training to increase the
awareness of judges and prosecutors of the needs of victims.
Article 24
Right to protection of child victims during criminal
proceedings
3. With due respect for the independence of the legal
1. In
addition
to
the
measures
provided
for
in
Article
23, profession, Member States shall recommend that those
Member States shall ensure that where the victim is a child:
responsible for the training of lawyers make available both
general and specialist training to increase the awareness of
lawyers of the needs of victims.
(a) in criminal investigations, all interviews with the child
victim may be audiovisually recorded and such recorded
interviews may be used as evidence in criminal proceedings;
4. Through
their
public
services
or
by
funding
victim
support organisations, Member States shall encourage initiatives
(b) in criminal investigations and proceedings, in accordance
enabling those providing victim support and restorative justice
with the role of victims in the relevant criminal justice
services to receive adequate training to a level appropriate to
system, competent authorities appoint a special represen
their contact with victims and observe professional standards to
tative for child victims where, according to national law,
ensure such services are provided in an impartial, respectful and
the holders of parental responsibility are precluded from
professional manner.
representing the child victim as a result of a conflict of
interest between them and the child victim, or where the
child victim is unaccompanied or separated from the family;
5. In
accordance
with
the
duties
involved,
and
the
nature
and
level of contact the practitioner has with victims, training shall
(c) where the child victim has the right to a lawyer, he or she
aim to enable the practitioner to recognise victims and to treat
has the right to legal advice and representation, in his or her
them in a respectful, professional and non-discriminatory
own name, in proceedings where there is, or there could be,
manner.
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Article 26
showing how victims have accessed the rights set out in this
Directive.
Cooperation and coordination of services
1. Member
States
shall
take
appropriate
action
to
facilitate
Article 29
cooperation between Member States to improve the access of
victims to the rights set out in this Directive and under national
Report
law. Such cooperation shall be aimed at least at:
The Commission shall, by 16 November 2017, submit a report
to the European Parliament and to the Council, assessing the
(a) the exchange of best practices;
extent to which the Member States have taken the necessary
measures in order to comply with this Directive, including a
(b) consultation in individual cases; and
description of action taken under Articles 8, 9 and 23, accom
panied, if necessary, by legislative proposals.
(c) assistance to European networks working on matters
directly relevant to victims' rights.
Article 30
Replacement of Framework Decision 2001/220/JHA
2. Member States shall take appropriate action, including
through the internet, aimed at raising awareness of the rights
Framework Decision 2001/220/JHA is hereby replaced in
set out in this Directive, reducing the risk of victimisation, and
relation to Member States participating in the adoption of this
minimising the negative impact of crime and the risks of
Directive, without prejudice to the obligations of the Member
secondary and repeat victimisation, of intimidation and of retali
States relating to the time limits for transposition into national
ation, in particular by targeting groups at risk such as children,
law.
victims of gender-based violence and violence in close relation
ships. Such action may include information and awareness
In relation to Member States participating in the adoption of
raising campaigns and research and education programmes,
this Directive, references to that Framework Decision shall be
where appropriate in cooperation with relevant civil society
construed as references to this Directive.
organisations and other stakeholders.
CHAPTER 6
Article 31
FINAL PROVISIONS
Entry into force
Article 27
This Directive shall enter into force on the day following that of
its publication in the
Official Journal of the European Union.
Transposition
1. Member
States
shall
bring
into
force
the
laws,
regulations
Article 32
and administrative provisions necessary to comply with this
Directive by 16 November 2015.
Addressees
This Directive is addressed to the Member States in accordance
2. When
Member
States
adopt
those
provisions
they
shall with the Treaties.
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
Member States shall determine how such a reference is to be
made.
Done at Strasbourg, 25 October 2012.
Article 28
Provision of data and statistics
For the European Parliament
For the Council
Member States shall, by 16 November 2017 and every three
The President
The President
years thereafter, communicate to the Commission available data
M. SCHULZ
A. D. MAVROYIANNIS
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