Rights of victims Victimology

1 rights of victims

1.1 european union
1.2 directive 2012/29/eu
1.3 austria
1.4 croatia
1.5 cyprus
1.6 denmark
1.7 estonia
1.8 bulgaria

1.8.1 issues rape victims
1.8.2 issues human trafficking laws


1.9 france
1.10 germany

1.10.1 introduction victims’ rights in germany
1.10.2 links european union
1.10.3 legal representative victims in trial
1.10.4 victims opportunity appeal judgment
1.10.5 victims compensation


1.11 greece
1.12 hungary
1.13 ireland

1.13.1 compensation
1.13.2 eligibility compensation
1.13.3 how apply compensation
1.13.4 avenues seeking assistance victim of crime


1.14 italy

1.14.1 child victims


1.15 malta
1.16 lithuania
1.17 latvia

1.17.1 human trafficking


1.18 luxembourg
1.19 netherlands
1.20 poland
1.21 portugal
1.22 slovakia
1.23 slovenia
1.24 spain
1.25 sweden
1.26 romania

1.26.1 human trafficking
1.26.2 violent crimes


1.27 united kingdom

rights of victims

anna baldry (left) senior researcher @ international victimology institute tilburg (intervict), watches participants conduct role-play scenarios during domestic , gender-based violence training @ central training center. afghan national police (anp)

in 1985, un general assembly adopted declaration on basic principles of justice victims of crime , abuse of power. also, international victimology institute tilburg (intervict) , world society of victimology developed un convention victims of crime , abuse of power.

the term victimology, in fact, denotes subject, studies harms caused victim in commission of crime , relative scope compensation victim means of redressal. in criminal jurisprudence, mere punishing of offender not sufficient redress grievance of victim; there need compensate loss or harms suffered victim. in criminal procedure code, though provisions have been made in section 357 provide compensation victims, have suffered loss or harms in consequence commission of offence. but, has been provided in indian law, compensatory measure victims of crimes, not enough , aspect needs reviewed legislature frame or enact necessary law, sufficiently compensate victims of crimes , provide safeguards victims of crimes, besides compensating him in monetary terms. [s.p. sharma, advocate, rajasthan high court, jodhpur, december, 2010].

european union

european union victims of gender-based violence , terrorism stockholm programme explicitly mentions gender-based violence victims in sect. 2.3.4, stating victims of kind particularly vulnerable, , therefore in need of special support , legal protection state. victims of gender-based or domestic violence entitled same protections become victims of crime in eu member state not nationals, these kinds of victims deemed more vulnerable and/or exposed further harm. victims of terrorism deemed in need.

directive 2012/29/eu

the goal directive 2012/29/eu, stated european union (eu), improve real, day to-day situation of millions of victims of crime across europe greatest extent possible . eu’s efforts increase freedom of movement between states has resulted in growing concern maintaining rights of citizens of eu when visiting different member state. eu deemed important way solve outline rights of victims, strengthen , increase victims’ rights increase participation of victims in criminal proceedings.

austria

austria has established protections victims of crime reside in eea area (eu countries norway, lichtenstein , iceland) or austrian citizens or permanent residents. victim services include free access legal advice , representation, counselling , monetary compensation. monetary compensation capped , available victims of serious crimes, defined crimes offender serves no less 6 months imprisonment. compensation funded fines imposed on convicted offenders , other sources.

although austria signatory victims of crime directive (directive 2012/29/eu) has not been wholly compliant, given there little emphasis on rights of interpretation. applications, phone calls or emails must made in either english or german may hinder victims of crime accessing services or understanding rights without of embassy or consulate. breach of directive involves benefits afforded austrian citizens. austrian citizens entitled compensation if victim of crime, if suffer injury in country, additional protection austrian citizens only. non eea nationals have less protection state in austria , must rely instead in contravention of directive, on weissering nfp organisation provides services victims of crime. due limited resources (only partly funded government, largely reliant on donations) of weissering, victim seeking compensation means tested , assessed on case case basis. emergency assistance may available in cases.

in terms of engagement, austrian government participated in victims of crime awareness day, promoting rights of victims in workplace issue in austria, in relation employee/employer violence employee/client violence. indicates austrian government trying raise awareness victims of crime, in areas presenting current issue in accordance directive

croatia

the rights of victims of crimes in croatia have been improving steadily since croatia became candidate european union in 2004. result of wish become part of eu prerequisites had fulfilled in regards criminal justice system , human rights. croatia, in order fulfil said prerequisites, initiated change in criminal justice system in relation rights of victims. change instigated government in form of department support witnesses , other participants in war crimes trials (2005).

at legislative level, criminal procedure act (2008) increased rights of victims both within , of out criminal proceedings , recognised victims separate entity in court in addition role witness , injured party. these rights include right efficient psychological , other expert , support authority, organisation or institution aiding victims of criminal offences , right compensation material , immaterial damages state fund .

2008 saw enactment of crime victims compensation act. act resulted in ability croatian citizens receive compensation if have endured serious personal injury.

croatia’s progressive stance can exemplified through recent case of introduction of laws regarding compensation victims of rape committed during 1991-95 independence war. move compensate said victims display of acceptance of united nations security council’s 2008 resolution stated rape considered war crime. in line crime victim compensation act, croatia’s parliament, in 2015, adopted laws awarding victims of rape, committed in independence war, compensation. compensation in form of 1 off payment, coupled monthly allowance , access free therapy, medical , legal services.

cyprus

under compensation of victims of violent crimes law of 1997, cyprus outlines victim person has suffered serious bodily harm or impairment one’s health, attributed directly violent crime, or individual has died result of such crime. result of interpretation, crimes against person not considered violent, not result in labelling of ‘victim’. fact can seen being particularly relevant crimes perpetrated against tourists, such petty theft.

this crucial in relation compensation claims, whereby foreign citizens not afforded same access compensation. nationals of states party european convention on compensation of victim of violent crimes granted access compensations, nationals of member states of council of europe permanent residents in cyprus. other foreigners not granted eligibility in regards claiming compensation victim of classification of crime committed against them.

the prosecution of traffickers within cyprus has been identified point of issue department of state. according statistics gathered, there has been 55 percent decrease in conviction of traffickers within cyprus. furthermore, perpetrators being convicted under statutes prescribe less serious penalty other anti-trafficking laws. decrease in convictions reflects negative impact on victims of trafficking, may lack faith in system of criminal justice not adequately identify , punish offenders.

denmark

when in denmark victims of crime can access number of services , support mechanisms guide them through criminal justice process. these services , support mechanisms implemented through domestic legislation , not international law.

a controversial issue surrounding danish victim law decision not sign european union directive on victims’ rights. 1 of influential articles of eu legislation victims constitutes directive 2012/29/eu, set minimum standards victims’ rights. however, denmark not signatory not obligated implement directive.

despite decision, denmark still has relatively high standard victims rights within domestic legislation.the victims compensation law of 2005 allows danish , foreign citizens danish citizens living outside of denmark access compensation victims of crime serious injuries. danish police required law accept criminal report irrespective of language used. compensation victims of crime extensive within denmark. compensation can given suffered serious injuries , dependents of homicide victims. medical expenses , loss of income there no limit, whilst other forms of compensation (compensable costs) capped @ 1000 danish kroner, being decided compensation board. time period of 2 years applies applications compensation.

other support services victims of crime within denmark include free legal aid violent crime upon application , automatic free legal aid victims of sexual assault. other crimes court decide on free legal services on grounds of economic situation , necessity. in addition, every victim whom comes before system has right interpreter free translation of legal documents victim’s primary language of understanding. in addition, victim support services accessible residents in circumstances no crime has been reported, nor there criminal proceeding underway. allows victims access services , undergo rehabilitation, in instance choice made not report crime. in instance of mediation between offender , victim, whereby offender expresses remorse , victim accepts apology , reconciles, judge , therefore court may formally acknowledge situation, still applying sentence, lighter punishment. empowerment of victim more necessary provide closure strict punishment of offender.

upon investigation of alleged crime, regional public prosecution or law enforcement officials decide how proceed case. if there decision not prosecute on behalf of police, , therefore not proceed court trial (closure of case), victim can appeal decision before regional public prosecutor. if regional public prosecutor has decided close investigation, next avenue submission of appeal directed towards director of public prosecutions.

estonia

the estonian citizenship report high trust in incorruptibility of judicial system (74%), legislators (67%) , police (83%). contrast, however, 43% of victims of serious crimes said reported police, , 17% said satisfied treatment of complaint police.

the ngo estonian crime victim support society has been in operation on 20 years, , released victim support handbook in 2002 led debate legislation dealing victim support issues cumulated in victim support act in 2003. act beginning of paradigmatic shift in estonian criminal justice retributive mindset 1 of restorative justice, , showed need , interest in caring victims, more attention , real practical , material victims of crime.

however, ngo lacks state support , funding, , unable offer high quality victim support throughout estonia. state victim support deals types of offences fixed agenda , far more regulated, making process more official, , leading victims uncomfortable participating.

victims of crime of violence committed within republic of estonia entitled state compensation pursuant victim support act. serious damage one’s health, health disorder lasting @ least 6 months or death result of crime of violence may entitle victim and/or dependents compensation. single victim , dependents entitled compensation equaling 80% of material damage result of crime, no more total 9590 euros, on basis of: damage arising work incapacity; medical treatment expenses; damage due victim death; damage caused appliances substituting bodily functions (e.g. spectacles, dentures, contact lenses) , clothes; funeral expenses of victim.

bulgaria

bulgaria’s attempts protect , support rights of victims of crime considered superficial. victims entitled participate in criminal trials witnesses, private accusers or complainants, assistance legal counsel. additionally, legislation provides protection of vulnerable witnesses (e.g. children, victims of sexual offences) during witness examination way police handled matters. recent international crime victims survey (icvs), shows 40% of victims satisfied way police handled matters.

issues rape victims

bulgaria’s rape laws have been controversial, number of applications made european court of justice breaches of convention on human rights. in m.c. v bulgaria, ecj held decision not prosecute rape of 14-year-old rape victim breached rights provided under articles 3 , 8. legislation enshrined practice rapes prosecuted there evidence of physical force , active resistance. court held rape laws must apply forms of non-consensual sexual acts. more recently, number of breaches of convention on elimination of forms of discrimination against women (cedaw) highlighted in committee report. report critical of bulgaria’s failure provide adequate compensation victims of sexual offences reliance on gender stereotypes when drafting legislation.

issues human trafficking laws

a recent council of europe on action against trafficking in human beings found no adult victims of human trafficking received form of assistance bulgarian government. key reason seems stem peculiarities , uncertainty surrounding legislative framework on human trafficking. first, has 2 separate definitions: 1 criminalisation of conduct , 1 identification of victims. latter more restrictive, person may considered victim purposes of criminal trial yet fall outside definition of ‘victim’ support services , compensation concerned. secondly, bulgaria’s legislation operates solely perspective of bulgaria being country of ‘origin’ – i.e. trafficking involves relocation of bulgarian nationals other countries. consequence, victims within bulgaria non-eu nationals may fall through cracks in legislation.

france

introduction:

france signatory eu s directive on victims’ rights , had until november 2015 transpose it. of february 2016, had still failed notify eu what, if any, policies had implemented fulfill this. criminal proceedings in france take form of investigation , trial. investigations undertaken french detective police under authority of prosecutor (police investigation) or investigating magistrate (judicial investigation). if investigation goes trial, victims have right involved in trial , have access legal counsel.

compensation:

under france’s framework justice act (2002), police obligated inform victims of right apply compensation , seek civil remedy. police can register compensation claims on behalf of victims there no need go court.a state fund compensation victims of violent crimes exists called state fund victims of crime. partly funded criminal justice bodies recoup funds perpetrators (the reform act 1990).

victim resources:

there number of organisations within france dedicated providing justice , support victims of crime in france. european justice e-porta fact sheet, offered in on 23 languages, outlines number of different ones, including national victim support , mediation institute (inavem). partially funded , certified department of justice, , aims drive, coordinate, , promote victim support missions. organisation s 08victims (08 84284637) helpline available. directs victims towards nearest inavem support office can victim assistance relevant victim organisation. promotes awareness of victims rights, representing victims aid associations @ national, european , international level. inavem has been pushing french government implement directive, providing recommendations based on assessment of victims’ needs.

human trafficking:

in 2012, france found have violated article 4 of european convention of human rights due failure provide adequate framework protect rights of human trafficking victims. of 2013, however, government of france in full compliance required minimum standards elimination of trafficking. despite this, protection still largely focused on victims of sex trafficking , not victims of labour trafficking.

germany
introduction victims’ rights in germany

justice proceedings in germany take place under inquisitorial system of justice, meaning judge has active role within investigation , trial process. in contrast adversarial system of trial, possible have more 2 opposing parties in criminal trial, there not such large requirement of balance between prosecution , rights of defendant. therefore, german code of criminal procedure 1987 (herein ‘criminal code’) gives victims number of rights, including right participate in trial; right appeal after conclusion of trial; , right seek compensation loss.

links european union

as founding member of european union, germany required sign , implement eu’s directive on victims’ rights national laws 16 november 2015. eu requires victims recognised , treated respect , dignity; protected further victimisation/intimidation offender or within criminal justice proceedings; receive appropriate support , have access compensation. germany’s criminal code has not been amended since april 2014, therefore nothing has been further implicated. clear germany’s criminal code satisfies eu requirements through extensive rights , protections of victim, entrenched within criminal code.

legal representative victims in trial

unlike many other jurisdictions, part 5 of criminal code allows victims of crime participate in criminal proceedings against accused. victims of personal offences such defamation; bodily injury; , property damage, victims automatically entitled engage private accessory prosecutor (‘pap’) represent interests @ trial. victims of crime not mentioned in s 374 of criminal code, permission can sought public prosecution office (‘ppo’).

the criminal code rules status of pap of ppo in preferred public charge, meaning able participate same extent , heard in proceedings on private charges. furthermore, pap entitled period of 1 week between summons , main hearing , holds right inspect files through attorney.

furthermore, should victim’s not eligible pap or choose not so, have right engage legal representative witness uphold interests when, example, being questions witness @ main trial.

victims opportunity appeal judgment

pap in principle, entitled appeal judgement on grounds of fact , law only. however, appeal pap rejected should solely on account of leniency of sentence.

part 3 in criminal code addresses appellate remedies , states appeal on fact , law needs filed court of first instance either orally recorded registry or in writing within 1 week after pronouncement of judgment.

a pap may withdraw @ stage throughout proceedings needs consented defendant after commencement of examination of main hearing. pap deemed have withdrawn charges, if appeal on fact , law filed them, dismissed. once pap withdraws, may not brought second time. however, important note pap may demand restoration of ‘status quo ante’ (previously existing state of affairs) within 1 week after default subject conditions specified in sections 44 , 45.

victims compensation

germany has compensation program victims of violent or personal crimes. police report needs filed within year in order eligible compensation. according crimes victims compensation act (1985), european union citizens foreign member states eligible financial compensation. covers special compensatory damages (out of pocket expenses), such loss of earnings , medical expenses. however, not cover general damages non-monetary example, mental anguish, pain , suffering.

greece

in greece, considered victim if have suffered damage (either personal injury or harm to/loss of property) result of incident constitutes crime under national law. motivation behind directive 2012/29/eu, setting minimum standard victims rights, illustrated case of robbie hughes in 2008, victim of serious attack in greece left no support or advice. eu member states (except denmark) required implement directive national law 16 november 2015. however, greece 1 of 16 countries facing infringement proceedings non-communication of directive.

in greece, victims of crime enjoy rights before, during , after trial process. in circumstances, such cases victim minor or has suffered sexual abuse, victims afforded additional rights, support , protection. there no discrimination support services against foreigners. foreign victims entitled interpreter when testifying police.

however, greece has been criticised lack of upholding minority victims rights , failure in remedying human rights in cases of hate crime. in order file complaint, current law requires payment of fee, dissuading victims of hate crime reporting offences. deficiency exacerbated lack of protection undocumented migrants experiencing hate crime. demonstrating limited victim status of migrants , minority groups members inadequacy of support such groups victims of police abuse. greece has been condemned european court of human rights 11 times misuse of weapons police , subsequent absence of effective investigations. migrants or members of minority groups victims in ten of these incidents.

compensation victims of intentional crimes of violence in greece victims of domestic violence , other intentional crimes such child abuse, if offender lacks means provide compensation crime(s), or if offender remains anonymous, state of greece, under compensation directive 2004/80/ec obliged provide compensation victims of intentional crimes of violence. compensation provided perpetrator or state of greece must cover financial losses associated physical damage resulting violent crime, includes medical fees, loss of income , funeral costs. however, psychological damage , trauma resulting crime not compensated. victims of crime in greece have 5 days report crime; if crime not reported in timeframe, victims not eligible compensation. application form required processing compensation claims, , completed in greek. hellenic compensation authority processes claims compensation.

support services available victims of crimes in greece there number of services available victims of crime in greece. these include: ekka –domestic violence , racist attacks association minors protection, ngos: hamogelo tou paidiou, arsis– social service children

hungary

in hungary there general lack of understanding in how combat , prevent domestic violence. stems cultural ideas women in hungarian society , idea amount of violence inevitable. until new legislation introduced in 2013, domestic violence not categorized separate offence other assaults. means victims of domestic violence in hungary accosted same rights victims range of circumstances. according human rights watch, authorities [often] told victims extreme physical violence…should considered light, , not sufficiently serious trigger investigation’’. however, in other cases when women reported abuse police, alleged offenders taken custody but, quite released instantaneously without being taken court. highlights lack of support police , courts in combating domestic violence. in many instances, responsibility of victim, not prosecution or police start course of legal action hinders effective remedies of domestic violence. in ecthr case kalucza vs. hungary 2012, applicant complained hungarian authorities had failed protect abuse husband in home. ecthr concluded article 8 (right respect private life , family life) had been abused hungarian authorities. after changes in 2013 however, harsher penalties introduced perpetrators of domestic violence. @ time well, onus placed upon prosecution , not victim pursue legal action. increased rights of victims within hungary in relation domestic abuse. in spite of these changes however, instance of domestic violence considered if there have been 2 separate instances of abuse. furthermore, amendments protected partners living , neglected protect not living in same residence. new legislation lacking in plan of national level combat domestic violence issue. procedures have been put in place police respond instances of domestic violence however, no such guidelines exist judges, prosecutors, social workers , healthcare workers. provisions not strong enough deal issue sufficiently not accepted , applied. hungary did not sign istanbul convention, practical convention aimed @ combating domestic violence. concluded countries should establish hotlines, shelters, medical , foreign services, counselling , legal aid in order protect abused women.

ireland

following introduction of directive on victims rights eu in 2012.(reference directive) particularly relevant examine avenues available victims in terms of compensation , legal aid, , avenues retribution.

compensation

there number of ways claim compensation victim of crime, through court order dictating offender must pay compensation you. if injured result of crime, can seek claim compensation under scheme of compensation personal injuries criminally inflicted. funded through department of justice , equality , administered criminal injuries compensation tribunal. seek compensation injury inflicted in eu state need contact compensation tribunal gain information around how claim compensation member state in question. there no time limit making claim if injury inflicted resulted in death of victim. if did not occur, claims must made within 3 months.

eligibility compensation

compensation provided victims, or in event of fatality, immediate family of victim. scheme of compensation available if injured result of violent crime or if injured in assisting victim of crime or whilst attempting save life. not need legal representation apply compensation , tribunal not obliged cover legal costs. no compensation given in event living perpetrator @ time of attack, meaning not available victims of domestic violence. in addition, compensation scheme not exist provide retribution pain , suffering, instead cover out of pocket expenses , medical bills. compensation means tested , may vary depending on welfare payments, salary, , sick leave. tribunal considers character , way of life when deciding compensation level. if found have provoked injury, compensation unlikely provided.

how apply compensation

there number of ways claim compensation victim of crime, through court order dictating offender must pay compensation you. if injured result of crime, can seek claim compensation under scheme of compensation personal injuries criminally inflicted. funded through department of justice , equality , administered criminal injuries compensation tribunal. seek compensation injury inflicted in eu state need contact compensation tribunal gain information around how claim compensation member state in question. there no time limit making claim if injury inflicted resulted in death of victim. if did not occur, claims must made within 3 months- make claim compensation police report must have been completed.

avenues seeking assistance victim of crime

ireland human rights advocates

ireland irish council civil liberties ww.iccl.ie ireland (consortium leader , western european cluster) irish council civil liberties (iccl) (1976), headquarters in dublin, iccl ireland’s independent human rights watchdog, monitors, educates , campaigns around protection , promotion of human rights in ireland. iccl lead partner in justicia

victims rights alliance https://victimsrightsalliance.com/about/ victims rights alliance group of victims rights , human rights organisations in ireland. largely responsible victim’s rights being upheld , enforced.

know rights

victims directive of european union http://eujusticia.net/images/uploads/pdf/victims_directive_36_page.pdf guidelines have been impacted crime. outline of rights of victims , possible strategies , how make complaints. (note: of february 2016, ireland has failed publish victims of crime bill [reference: victims rights alliance]).

crime victims helpline http://crimevictimshelpline.ie/ understand rights , how protected, how cope effects of crime support agencies , information criminal justice system.

italy

victims rights outlined code of penal procedure details during prosecution , sentencing stages, victims have right informed of judicial proceeding developments , can produce evidence @ stage of trial. victims have right oppose judge preliminary investigation’s request dismissal of case , protect rights having defending counsel if necessary.

article 90 of code of penal procedure states victims allowed present written memories , statements @ stage of judicial process indicate evidence. furthermore, section 3 of article 90 states if victim has died result of crime power of rights states law able exercised close relatives of victim.

victims able access assistance agencies, have primary objective of providing adequate compensation. amount , source of compensation determined nature , severity of crime. instance, victims of organized crime , terrorism entitled 100,000 dollars state while victims have experienced property or medical damage compensated offenders. additionally, victim special needs may granted of free legal aid , compensated both private donations , proportion of pay received convicted working prisoners department of prisons. victims’ assistance agencies provide option accompany victim @ trial consent.

child victims

one of vulnerable victim groups in italy children under age of 16. of prevalent challenges faced children in italy include child labor, forced participation in organized crime , becoming refugees after fleeing own nation. although young victims have rights explicitly stated in italian penal code, italian criminal justice system lacks ongoing supportive resources protect rights of children.

the european commission has outlined rights of victims , states victims individually assessed identify vulnerability. young victims presumed vulnerable , particular attention paid categories such victims of terrorism, organized crime, human trafficking, gender-based violence, victims disabilities, sexual violence , exploitation. furthermore, according united nations office on drugs , crime , article 609 decies of italian penal code, child victim of sexual exploitation assisted throughout entire proceedings.

article 498 of italian code of penal procedure states investigatory examination of child in court of law must undertaken president of questions , assisted family member or child psychologist.

malta

following report commissioned former justice minister chris said lamenting poor state in victims treated, malta introduced victims of crime act (2015) on 2nd of april of year. report emphasised need increase amount of resources legal aid office , said victims should able receive benefits service. new act provides free legal aid victims of crime, open accused prior assent.

according dr roberta lepre, director of victim support malta, there 3 primary focuses in legislation: information, support, , protection. in terms of information, victims have right access clear information relevant procedures, support services available, how access legal aid services, how access compensation, , whether entitled translation services. victims have right receive acknowledgement of complaint, outlining basic elements of crime concerned ongoing information or case. further, if police not arraign suspect, victim has right informed of decision in writing.

when comes support, victims have right free use of support services following needs , risk assessment. support services include information on how receive information on prevention of further risk of victimisation, , access counselling emotional or psychological damage. competent authorities obliged inform victims of ways in can protected, such seeking protection order.

the legislation aimed @ allowing victims greater voice, , potentially working towards reconciliation between victim , offender decreasing hardship of former. purposes of act, victim 1 has suffered physical, mental or emotional harm or economic loss directly caused criminal offence . applies family members of have died direct result of crime. such broad provisions allow benefits accessed many people. say, however, whether new legislation has been implemented effectively.

lithuania

lithuania has several national mechanisms relating rights , support victims of crime. ministry of justice, ministry of foreign affairs, , police department of ministry of interior each provide legal aid , set measures of protection victims of crime.

as of 1996, parliament of lithuania has adopted law providing protection of parties in relation criminal offences, can extended towards victims of crime , families against further victimization. per methods of victim compensation, additional provisions such article 107 allows voluntary compensation victims of crime. if has not occurred, article 110 stipulates victim can charge offender civil suit, of direct or indirect consequence. further, if offender not able provide compensation victim, article 118 contends state provide compensation in advance.

in addition these rights provided victims of crime, there many ngo s operating within lithuania provide facilities , support victims. these include crime victim care association of lithuania . cartias lithuania, missing person’s support centre, klaipeda social , psychological support centre, child house , international organization migration – vilinius office.

studies have been conducted physical , psychological state , needs of victims post criminalization, of victims of trafficking. these studies assist ngo’s understanding , assisting victims of crime providing greater relief during criminal trial process, incarceration system , return everyday life.

latvia

latvia not have comprehensive victim support system, nor there single policy suggests development of such system seen priority in near future. despite this, criminal procedure law of latvia includes specific chapter dedicated victims. chapter outlines procedural rights , obligations of victims.

in latvia, in order recognized victim under criminal procedure law 4 steps must undertaken. firstly, criminal procedure must initiated. secondly, there must information suggests result of offence person harmed. thirdly, person experienced harm must agree become victim within criminal proceedings. fourthly , finally, person in charge of criminal proceedings must recognise person victim. once these 4 steps take place, , person established victim, victim gains victim rights.

victims of crime in latvia have access legal aid. legal aid unaffordable victims however, although expenses legal assistance reimbursed offender, victim has pay costs upfront @ time.

state compensation, moral injury, physical suffering or financial loss, available victims of types of crimes. includes in cases of intentional criminal offences, if offence resulted in death, if offence resulted in severe bodily injuries or if perpetrator of offence not identified , has not been held criminally liable. maximum amount of compensation give minimal monthly wages , amount awarded depends on severity of crime. in case of crime causing victim’s death, 100% of compensation shall awarded.

human trafficking

latvia tier 2 source , destination country persons trafficked sexual exploitation , forced labour. safeguard rights of victims of trafficking, government of latvia has increased accessibility of government funded protections, such offering victims of trafficking temporary residency in exchange participating in judicial process against human traffickers. during period of investigation, qualifying victims offered government aid, 70% of maximum amount of state compensation. victims not meet qualifying criteria referred non-governmental organisations aid. furthermore, victims may have directly or indirectly participated in unlawful activity result of trafficking can avoid prosecution. intersecting social services , assistance laws, latvian government ensures social rehabilitation of victims of human trafficking. government of latvia has established anti-trafficking action plan 2014-2020 strengthen rights of victims of trafficking, , increase awareness of crime.

luxembourg

luxembourg has well-developed program of victim support services through state run victim support service (part of ministry of justice). 1 of 5 member states ministry of justice solely responsible distribution of these services. victims’ rights actively enforced during different stages of criminal justice process, including: during investigation of crime, during trial , after trial. state coordinates non-profit organisations, including through provision of financial support, in order assist in development of legal reforms , better coordinate @ grass roots level. example, 1 such organisation, women in distress, works provide women, children , young girls effective protection against violence way of refuges , information , consultation centres. through process, luxembourg has become 1 of 9 member states fulfil council of europe’s recommendation of 1 counselling centre per 50,000 women.

rights of victims

victims of crime can report crime police or directly public prosecutor. reports must submitted in 1 of luxembourg’s official languages: luxembourgish, french , german. interpreter available free of charge people not speak these languages. statutory limitation periods reporting apply. victims able directly involved in process acting witnesses , providing testimony. interpreters free of charge , victims entitled represented lawyers. police must undergo mandatory course on victimology partly run ‘service d’aide aux victims’ (sav). police obligated inform victims of rights to:

(i) receive assistance vss; (ii) compensation damages; (iii) receive legal aid (available on fulfilment of conditions); , (iv) informed status of proceedings. if case not proceed court, reasons outcome must provided in order victim decide whether appeal decision.

compensation

in interest of justice, luxembourg offers compensation victims have suffered physical injuries crime. compensation paid out in instances victims unable obtain adequate compensation insurance, social security or offender. in 2012, on 405,000 euro paid out in compensation. exceeded budgeted amount of 350,000. request compensation has initiated within 2 years of offence occurring , addressed ministry of justice. commission formed magistrate, senior civil servant of minister of justice , lawyer meet within applicant assess if application successful. maximum amount awarded of 2009 63.000 euros. way of appeal, legal action against state can brought before ‘tribunal d’arrondissement’ of luxembourg or diekirch.

directive 2012/29/eu

directive 2012/29/eu seeks ensure victims of crime have better rights, support , protection throughout of europe. member states, including luxembourg, required implement terms of directive national legislation 16 november 2015. however, 60% of these have failed comply requirement communicate legislative texts transpose directive commission. luxembourg 1 of these states, has infringement case open against it.

hotlines

the government of luxembourg has implemented 2 telephone hotlines assist victims of crime. first, assists victims in general, can reached @ +352 475 821-628/627. second, directed @ youth , children, can reached @ + 352 12345. further support available online.

netherlands

criminal justice in netherlands has seen era of reform greater focus placed on rights of victims of crime. in 1987, new victim-orientated reform put in place in victim’s interested taken account during processes of criminal justice system. reform of criminal law in eyes of victims brought forth regulations in favor of victims’ rights. various procedural elements allow victim compensation , institutional obligation protect victim rights through policing, criminal proceedings , victim rehabilitation.

in practice, official institutions subject monitoring national ombudsman. if victims of crime feel have been unjustly treated , victim-related rules not correctly protected, able raise complaint ombudsman. in light of this, netherlands enforces levels of state compensation, offers ‘one-off’ payment, , has been institutionalized since 1974.

for further victim support, various ngo’s operate within netherlands on local level , care victims of crimes through providing emotional support, practical advice , judicial advice. example of support seen within nationwide agency slachtofferhulp partly funded government , gives aid victims in specific groups , victims of crime in general.

poland

domestic violence rates high in poland, due number of factors including traditional role of women subordinate gender in polish society after surveying polish women, found many 1 in 6 women, variety of backgrounds , age groups, victims of domestic violence. polish criminal justice system fails assist these victims , not take cases seriously. unfortunately many perpetrators receive suspended sentences , female partners financially dependent on them , must continue live them. furthermore, authorities mistrust women report domestic violence. poland fails meet obligations under international human rights law, in relation rights of domestic violence victims.

in order improve rights of domestic violence victims in poland, blue card program introduced way of standardising police interaction involved in cases of domestic violence, including family of victim. program enables persons have alleged victims of domestic violence (dv) gain access services in counseling, support , reparations. anonymous or suspicion of dv enough issuance of blue card – b . blue card – b consists of brochure detailing further actions against violence, , support centre’s near by, , applicable whole of poland. efficiency of support centres indicates positive increase in individuals attending victim support centre’s, not indicate decrease in dv occurrence. in 2000 ministry of justice in poland sparked notion of victim support week , connected international day of victims of crime these proactive measures not legally regulated show promise in moving polish nation forward support effected domestic violence.

general victim support centres have extended ranges since 2012 following implementation of tasks in article 11 of ministry of justice directive. such implementation includes covering costs of heath services, medical products, secondary or vocational education, temporary accommodation , other facilities. weak aspects still include; uneven support on national basis in provinces further reaching, non-uniform project development , insufficient numbers providing assistance, both legally , psychologically. strong aspects must acknowledged, including establishment of networks communicative , mutual support, assistance fund establishments , legal compensation. social attitudes need changed in poland, towards victims of domestic violence , criminal justice system needs recognise prevalence of domestic violence, in order hinder occurrence , assist victims.

portugal

in portugal, victims of crime (both tourists , national citizens) have 6 immediate rights; right information, right receive statement of complaint, right translation, right compensation participation in process , reimbursement of expenses, right compensation perpetrator of crime, , right compensation portuguese state.

a victim of crime defined as; having suffered damage, result of incident constitutes crime according national law . during legal proceedings, victim in portugal has limited role, act provide evidence support claim damages

the portuguese government offers several avenues of , support victims of crime such as; national commission protection of children , young people @ risk, directorate general of social affairs, portuguese association victim support, commission equality , against racial discrimination, , open window - support victims of domestic violence.

slovakia

slovakia nation various targeted groups, particularly young women, men, disabled, uneducated , unemployed commonly susceptible likes of fabricated international job prospects; , in turn increase likelihood of becoming victim of human trafficking trade. many slovakian s end being deported highly active trafficking countries; such as, germany, austria, uk, ireland, switzerland , poland . slovakia prominent country has victims bulgaria, romania, vietnam, ukraine , moldova. people these countries transported against own will, compelled sexual activity , prostitution.

the government of slovak republic undertook numerous steps tackle fight against human trafficking. in 2005 action plan initiated undertake steps control , coordinate activity of slave trade. action further improved implementation of 2011 national program combat trafficking in human beings years 2011-2014 . improvements regarded achieving effective solution combat human trafficking. additionally, emphasis surrounded ensuring adequate support , care subjected victims. includes victims receiving comprehensive care , prepare them return home country.

slovenia

slovenia has low crime rate (30.75 , 7.32 rapes per million people, of 2010).

slovenia has regulated rights of victims of crime during legal proceedings in criminal procedure act. before act introduced, victims of crime still entitled compensation under civil law. in 2005, witness protection act, crime victims compensation act, , resolution preventing , combating crime came effect. resolution focuses particularly on protecting human rights , fundamental freedoms, in terms of victims of crime. slovenia’s definition of victims includes immediate families of injured party.

victims entitled to: heard during proceedings, give evidence, pose questions witnesses , experts involved, acquainted rights , injured party, right inspect material evidence supplied. entitled translator avoid language difficulties. slovene national language, italian , hungarian spoken in regions of slovenia. claim compensation either through criminal proceedings, or through civil suit if necessary avoid delays.

in criminal offences, such sexual abuse or mistreatment , neglect of minors or trafficking in human beings, minor-injured party required have specific authority after rights, , stipulations apply investigation procedures, such preventing offender being in courtroom @ same time minor-offender during proceedings.

witness protection: if during criminal proceedings, physical safety of victim and/or immediate families in danger, entitled greatest amount of protection possible in pre-trial, during , after procedure completed. within slovenian police, endangered persons protection unit oversees protection of witnesses under witness protection act. unit encouraged engage non-governmental organizations if necessary in order provide appropriate psychological , legal assistance protected persons, separate other forms of compensation may receive. unit allows alternate measures during proceedings, example providing evidence via video conference. these set out in official gazette of republic of slovenia, code of obligation concerns rights of victims of terrorist violence in slovenia.

code of obligation regarding victims of terrorist violence: if terrorist violence occurs, code of obligation states state, or person should have prevented harm (depending on whether there statewide or individual failure), responsible redressing harms victims, , liable damages. liability still apply regardless of whether person or state should have prevented violence, did prevent it. these rules apply acts of violence occur during public demonstrations or gatherings.

for victims of crime in slovenia, there several websites dedicated assisting victims understand process receiving compensation such european judicial network (soon updated european e-justice portal). here process outlined including conditions applying compensation, legal assistance available , form , amount of evidence required. of particular concern slovenia’s government protection of women’s rights. in place protect women’s right under slovenian law article 14 of constitution of slovenia which, guarantees equal human rights , fundamental freedoms , equality before law article 53 states, marriage based on equality of both spouses , state shall protect family , article 141 of criminal code violation of right equality , 2002 act on equal opportunities women , men imposes punishments on people, official can imprisoned 3 years discrimination. slovenian government has established office equal opportunities manage acts related equal opportunities , engage in activities focus on areas such inclusion of women political , violence against women.

spain

resources & victims rights

victims of crime in spain have number of avenues available them seek legal compensation or aid damages have suffered. ministry of justice state body in charge of awarding compensation victims. responsible state legal aid, , has separate department protection of victims of terrorism-related crimes.

beyond ministry of justice, there organisations such office of crime victims assistance barcelona, association of terrorism victims, 11-m association of victims of terrorism , national association of victims of violent crime (which provides psychological assistance , specialises in aiding victims of domestic violence). these associations able assist legal aid , providing general information people affected crime rights.

if foreign citizen victim of crime in spain, should contact country s embassy or consulate possible.

legal process

in criminal trial in spain, victim can choose participate in trial either witness, or private prosecutor ( acusación particular ) grants them additional rights , responsibilities, , makes them official party trial.

if wish claim compensation in spain, must submit application form ministry of finance, , separate petition assistance must filed ministry of economy , finance. there hearing, , state attorney submit report consideration. during hearing, victim must prove legally in spain @ time of crime. if foreign citizen , wish apply compensation, must provide evidence during hearing of situations home country has provided compensation spanish citizens - referred proof of reciprocity .

compensation

compensation awarded after criminal trial concluded , offender found guilty. in exceptional circumstances, victim or family members of victim may claim emergency compensation before conclusion of trial, if precarious situation can validated relevant authority. spanish law not provide maximum amount of compensation can awarded, determines maximum amount individual based on different factors. amount of compensation victim or beneficiaries entitled determined based on minimum monthly salary of victim, , negative mental , physical effects victim suffers direct result of crime. financial situation of victim, number of people dependant on victim, , cost of therapy , psychological healthcare considered when deciding how compensation awarded. compensation can awarded cover medical expenses, mental health expenses, lost wages disabled victims, lost wages dependants of homicide victims, , funeral , burial expenses. compensation amount paid offender, , if unable pay spanish government cover amount - if victim s losses covered insurance (i.e. in circumstances of theft) not eligible compensation.

spain , directive on victims rights

according european directive on victims rights, spain showing compliance directives. however, information victims of crime citizens , non citizens can quite strenuous find due specialised websites each organisation. in comparison, uk have implemented 1 simple use website victims of crime makes information victims rights far more accessible. similar system better victims of crime in spain creating awareness of rights.

sweden

various laws addressing victim’s crimes enacted mid-1980s onward in sweden. in 1988 alone, sweden ratified european convention on compensation of victims of violent crimes , passing act on visiting bans act on counsel injured party in 1988. crime victims may represented y legal advisor throughout legal process under provisions of latter act. under 1994 government bill crime victims in focus various provisions designed improve crime victims. example, crime victim fund established crime victim compensation , support authority allows assessment of state compensation , provide economic support research, education , information on crime victims, financed through few imposed in convicted of crime punishable imprisonment.

crime victims became separate area of responsibility swedish social services in 2001 through social service act. despite not strengthening crime victims’ rights not increase costs @ time, served normative reorientation of social services act towards holistic view , right assistance according need.

victim-offender mediation

swedish multiplicities obliged offer mediation, based on restorative justice principles, offenders under 21 years old. simultaneously, offenders offered chance apologise actions , redeem themselves. expectation mediation has potential substantially reduce cases of recidivism.

the mediation system in sweden evolved independently political decision-making procedure in second half of 1980s. in 1998, role of mediation in justice system young offenders analysed commission on mediation founded policy recommendations legislative reforms on these evaluation studies in 2000. mediation formally acknowledged in 2002 mediation act (swedish code of statutes, 2002:445), aim of mediation explained in section 3 as:

mediation happens interests of both sides. goal reduce negative effects of crime committed. mediation aims increase insight offender of consequences of offence. @ same time, opportunities given victims process , in comprehensive way integrate painful experience. act offers chance victims express emotional needs , have them addressed in attempt prevent recurrent symptoms of anxiety, self-image distortions , loss of self-esteem , self-confidence result of being victimised.

mediation 1 of several procedural operations available prosecutor, , sentencing offender mediation may seen lenient sentence offender benefits. criticism mediation further violate victim s integrity , well-being.

romania
human trafficking

human trafficking in romania prominent issue. country used ‘source, transit , destination country men, women , children subject labor trafficking , women , children subject sex trafficking’, meaning various victims in different stages of trafficking either poached from, exploited or transferred romanian soil. promisingly, numbers have been decreasing in recent years ( in 2005 there 2551 recorded victims of human trafficking, in 2009 there 780) perhaps due mechanisms such national agency preventing trafficking in persons , monitoring assistance granted victims of trafficking in persons agency, legal implementations such law 678/2001 (combating trafficking in persons); g.d 299/2003 (standard rules application of law 678); law 211/2004 (protection of victims) , g.d 1654/2006 approve national strategy against trafficking approve national strategy against trafficking in persons in persons 2006-2010). romania prescribed international legal mechanisms such un convention against transnational organized crime , council of europe convention on action against trafficking human beings, showing making conscious effort eradicate human trafficking within state. these mechanisms show romania taking active steps towards ensuring individuals can live life free exploitation.

violent crimes

between years of 2004-2011, 800 people killed result of crimes involving domestic violence

psychological counselling provided victims of attempted homicide, murder, hitting , other violent criminal offences. counselling provided free of charge 3 months, , 6 months victims under age of 18. other forms of assistance not governmental organisations, independent or in partnership, can provided way of referral.

upon application, free legal aid provided several categories of victims. factors taken account include seriousness of offence committed , material status of victim. direct victims of serious violent or sexual offences (e.g., homicide, serious bodily harm, rape, sexual perversion committed upon minor) provided free legal aid. additionally, indirect victims of such offences, such close family members, may granted free legal aid. of above offences, free legal aid granted if offence committed within romanian territory, or if victim romanian citizen or foreign citizen living legally in romania , criminal prosecution taking place within romania.

prior commencement of law 211/2004, when perpetrator of crime remained unknown, insolvent, or missing, costs of offence incurred victim alone. currently, upon application, victim may granted financial compensation serious violent , sexual crimes.

the birth of national agency family protection (nafp) has increased support victims of domestic violence. agency has assisted in setting of shelters victims of domestic violence, recuperation centers victims of violence , assistance centers aggressors.

united kingdom

in 1974, charity victim support set in bristol, aimed @ providing , support victims of crime on local , national level. trained volunteers , employees offer free, confidential, practical , emotional support people affected crime in england , wales. charity offers support around 1 million victims of crime per year. people may seek practical or emotional help, example, making home secure after burglary, applying compensation criminal injuries compensation authority, getting re-housed, or asking counselling through gp.

victim support provides specialist services, such as: national homicide service , helping families have been bereaved murder or manslaughter, local services helping victims of domestic or sexual violence, exploitation, anti-social behaviour, or hate crime, local services young victims of crime, including specialist support children have testify in court , recent victims of grooming, , using restorative justice victims.

in scotland , northern ireland, similar services provided charities victim support scotland , victim support ni.