Victims' rights: Difference between revisions
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{{Globalize|article|USA|2name=the United States|Europe|date=December 2011}} |
{{Globalize|article|USA|2name=the United States|Europe|date=December 2011}} |
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{{Rights|By claimant}} |
{{Rights|By claimant}} |
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'''Victims' rights''' are legal rights afforded to [[victims of crime]]. These may include the right to |
'''Victims' rights''' are legal rights afforded to [[victims of crime]]. These may include the right to restitution, the right to a [[Crime victim advocacy program|victims' advocate]], the right not to be excluded from [[criminal justice]] proceedings, and the right to speak at criminal justice proceedings.<ref>For a description of typical U.S. victim's rights, see {{cite web|title=About Victims' Rights|url=https://www.victimlaw.org/victimlaw/pages/victimsRight.jsp|website=VictimLaw|publisher=Office for Victims of Crime Training and Technical Assistance Center|access-date=1 October 2017}}</ref><ref>For statutory protection of victim's rights, see, e.g., {{cite web|url=https://www.law.cornell.edu/uscode/text/18/3771 |title=18 U.S. Code § 3771 - Crime victims' rights |publisher=[[Cornell Law School]] [[Legal Information Institute]]|access-date=October 1, 2018}}</ref> |
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== United States == |
== United States == |
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The Crime Victims' Rights Movement in the United States is founded on the idea that, during the late [[modern period]] (1800-1970), the American justice system strayed too far from its victim-centric origins.<ref name=ncvli_hist_rights/> Since the 1970s, the movement has worked to give victims a more meaningful role in criminal proceedings, aiming at the inclusion of "the individual victim as a legally recognized participant with rights, interests, and voice."<ref name=ncvli_hist_rights>{{cite web |url= https://law.lclark.edu/centers/national_crime_victim_law_institute/about_ncvli/history_of_victims_rights/ |title=History of victims' rights |publisher=National Crime Victim Law Institute |date=2011 |accessdate=October 1, 2018}}</ref> |
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=== History === |
=== History === |
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During the [[Colonial history of the United States|colonial]] and [[American Revolution|revolutionary]] periods, the United States criminal justice system was |
During the [[Colonial history of the United States|colonial]] and [[American Revolution|revolutionary]] periods, the United States criminal justice system was victim-centric, in that crimes were often investigated and [[Prosecutor#Private prosecution|prosecuted]] by individual victims. In the 19th and early 20th centuries, however, the role of the victim in criminal proceedings was reduced, owing to shifts in attitudes in the way crimes were perceived; the criminal justice system became seen as a tool to remedy social harms rather than an avenue to redress personal harm.<ref name="ncvli_hist_rights">{{cite web |date=2011 |title=History of victims' rights |url=https://law.lclark.edu/centers/national_crime_victim_law_institute/about_ncvli/history_of_victims_rights/ |access-date=October 1, 2018 |publisher=National Crime Victim Law Institute}}</ref> |
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The modern Crime Victims' Rights Movement began in the 1970s. It began, in part, as a response to the 1973 U.S. Supreme Court Decision in ''[[Linda R.S. v. Richard D.]]'' (410 U.S. 614). In Linda R.S., the Court ruled that the complainant did not have the [[standing (law)|legal standing]] to keep the prosecutors' office from discriminately applying a statute criminalizing non-payment of child support. In [[dictum|dicta]], the court articulated the then-prevailing view that a crime victim cannot compel a criminal prosecution because "a private citizen lacks a judicially cognizable interest in the prosecution or non-prosecution of another."<ref name=ncvli_hist_rights/> This ruling served as a high-water mark in the shift away from the victim-centric approach to criminal justice,<ref>{{Cite web|url=https://www.law.cornell.edu/rules/fre/rule_615|title=Rule 615. Excluding Witnesses|website=LII / Legal Information Institute|language=en|access-date=2019-07-23}}</ref> making it clear that victims in the 1970s had "no formal legal status beyond that of a witness or piece of evidence."<ref>NCVLI Bulletin, "Fundamentals of Victims' Rights: A Brief History of Crime Victims' Rights in the United States," available at ncvli.org</ref> |
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The modern crime victims' rights movement began in the 1970s, in part as a response to the 1973 U.S. Supreme Court decision ''[[Linda R.S. v. Richard D.]]'' (410 U.S. 614). In ''Linda R.S.'', the court ruled that the complainant did not have the [[standing (law)|legal standing]] to keep the prosecutors' office from discriminately applying a statute criminalizing non-payment of child support. In [[dictum|dicta]], the court articulated the then-prevailing view that a private crime victims have no jurisdiction in deciding the process of a criminal prosecution.<ref name=ncvli_hist_rights/> This ruling served as a high-water mark in the shift away from the victim-centric approach to criminal justice,<ref>{{Cite web|url=https://www.law.cornell.edu/rules/fre/rule_615|title=Rule 615. Excluding Witnesses|website=LII / Legal Information Institute|language=en|access-date=2019-07-23}}</ref> relegating the role of victims in the criminal trial to being evidence for the prosecution.<ref>NCVLI Bulletin, "Fundamentals of Victims' Rights: A Brief History of Crime Victims' Rights in the United States," available at ncvli.org</ref> |
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If the Linda R.S. Ruling was a clear representation of the problem of victim exclusion, it also hinted at a solution to the problem. The Court stated that Congress could "enact statutes creating victims' rights, the invasion of which creates standing, even though no injury would exist without the statute."<ref name=hist_ncvli>{{cite web |url= http://law.lclark.edu/centers/national_crime_victim_law_institute/about_ncvli/history_of_ncvli/ |title=History of NCVLI |publisher=National Crime Victim Law Institute |accessdate=19 April 2013}}</ref> With this statement, the Court provided a legal foundation for victims' rights legislation. |
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The Linda R.S. ruling, notwithstanding, stated that Congress could create legislation that safeguards victims' rights and provides standing to victims where they would otherwise not have any.<ref name=hist_ncvli>{{cite web |url=http://law.lclark.edu/centers/national_crime_victim_law_institute/about_ncvli/history_of_ncvli/ |title=History of NCVLI |publisher=National Crime Victim Law Institute |access-date=19 April 2013 |archive-date=26 November 2018 |archive-url=https://web.archive.org/web/20181126005857/https://law.lclark.edu/centers/national_crime_victim_law_institute/about_ncvli/history_of_ncvli/ |url-status=dead }}</ref> At the same time, social consciousness about victims' rights surged. Supporters of the [[law and order (politics)|law and order]], [[civil rights movement|civil rights]], and [[feminist movement]] challenged conventional views of the criminal justice system on the role of the victim. By providing educational resources and legal assistance and establishing the country's first hotlines and shelters for victims of crime, much of the movements' work later became the grassroots foundation of the modern victims' rights movement.<ref>{{cite news|last1=Davis|first1=Joanna T.|title=The Grassroots Beginning of the Victims' Rights Movement|url=http://law.lclark.edu/live/files/6453-the-grassroots-beginnings-of-the-victims-rights|access-date=1 October 2017|agency=NCVLI News|publisher=National Crime Victim Law Institute|date=2005|archive-date=4 March 2016|archive-url=https://web.archive.org/web/20160304023123/http://law.lclark.edu/live/files/6453-the-grassroots-beginnings-of-the-victims-rights|url-status=dead}}</ref> |
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In 1982, President [[Ronald Reagan]]'s Task Force on Victims of Crime released its final report which detailed the concerns of victims' rights advocates, |
In 1982, President [[Ronald Reagan]]'s Task Force on Victims of Crime released its final report which detailed the concerns of victims' rights advocates, stating that "innocent victims of crime have been overlooked, their pleas for justice have gone unheeded, and their wounds — personal, emotional, financial — have gone unattended".<ref>{{cite web|url=http://www.ojp.usdoj.gov/ovc/publications/presdntstskforcrprt/welcome.html |title=Office for Victims of Crime |publisher=Ojp.usdoj.gov |date=2010-10-01 |access-date=2014-01-02}}</ref> The report contained 68 recommendations for service providers and government officials, many of which are mandated through victims' rights legislation today,<ref>{{cite web|url=https://www.ncjrs.gov/ovc_archives/ncvrw/2005/pg4d.html |title=A Retrospective of the 1982 President's Task Force on Victims of Crime |publisher=Ncjrs.gov |access-date=2014-01-02}}</ref> as well as a recommendation for a victims' rights amendment to the U.S. Constitution.<ref>{{cite web|title=Issues: Constitutional Amendments|url=http://victimsofcrime.org/our-programs/public-policy/amendments|website=[[National Center for Victims of Crime]]|access-date=1 October 2017|archive-date=17 December 2019|archive-url=https://web.archive.org/web/20191217015930/https://victimsofcrime.org/our-programs/public-policy/amendments|url-status=dead}}</ref> |
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In the decades that followed, proponents of victims' rights experienced substantial [[Victims' Rights#Current status of victims' rights legislation|legislative success]]. |
In the decades that followed, proponents of victims' rights experienced substantial [[Victims' Rights#Current status of victims' rights legislation|legislative success]]. Today, the victims' rights movement continues to increase access to procedural mechanisms for victims to enforce their rights and promote legislation that guarantees those substantive rights.<ref name="ncvli_mission">{{cite web |url= http://law.lclark.edu/centers/national_crime_victim_law_institute/about_ncvli/mission_and_values/ |title=Mission & values |publisher=National Crime Victim Law Institute |access-date=19 April 2013}}</ref> Modern victims' rights organizations include the National Alliance of Victims' Rights Attorneys,<ref>{{Cite web|url=https://navra.org/|title=Home Page | NAVRA|website=navra.org}}</ref> National Organization for Victim Assistance,<ref>{{Cite web|url=https://www.trynova.org/|title=NOVA: Home|website=www.trynova.org}}</ref> and the [[National Center for Victims of Crime]].<ref>"[https://victimsofcrime.org/about-us About Us]". ''National Center for Victims of Crime''.</ref> |
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===Victims' rights legislation=== |
===Victims' rights legislation=== |
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Since 1982, thirty-three states have amended their constitutions to address victims' rights, and all states have passed victims' rights legislation.<ref name=ncvli_hist_rights/> That same year, Congress passed the first piece of federal crime victims' rights legislation, the Victim and Witness Protection Act.<ref>{{cite web|title=Victim Witness|url=https://www.justice.gov/usao-wdla/programs/victim-witness|website=United States Attorney's Office, Western District of Louisiana| |
Since 1982, thirty-three states have amended their constitutions to address victims' rights, and all states have passed victims' rights legislation.<ref name=ncvli_hist_rights/> That same year, Congress passed the first piece of federal crime victims' rights legislation, the Victim and Witness Protection Act.<ref>{{cite web|title=Victim Witness|url=https://www.justice.gov/usao-wdla/programs/victim-witness|website=United States Attorney's Office, Western District of Louisiana|date=26 January 2015 |access-date=1 October 2017}}</ref> In 1984, the [[Victims of Crime Act of 1984|Victims of Crime Act]] was passed. A decade later, in 1994, the [[Violence Against Women Act]] became law. In 2004, the landmark [[Crime Victims' Rights Act]] was passed, granting crime victims [[Victims' Rights#Crime Victims' Rights Act of 2004|eight specific rights]], and providing standing for individual victims to assert those rights in court.<ref>See: Statement of Sen. Feinstein re. CVRA (150 Cong. Rec s2329, April 22, 2004; and Jon Kyl, Stepven J. Twist, Stephen Higgins, "On the Wings of Their Angels: The Scott Campbell, Stephanie Roper, Wendy Preston, Lourna Gillis, and Nila Lynn Crime Victims' Rights Act," ''Lewis and Clark Law Review,'' 581, (2005)</ref> |
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===Federal law=== |
===Federal law=== |
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====Victims of Crime Act (VOCA)==== |
====Victims of Crime Act (VOCA)==== |
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VOCA established the [[Crime Victims Fund]], which awards grants to crime victim compensation programs, [[Victim Notification System|victim notification systems]], and victim assistance programs.<ref>{{cite web|url=https://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42_10_112.html |title=42 USC Chapter 112 - VICTIM COMPENSATION AND ASSISTANCE | Title 42 - The Public Health and Welfare | U.S. Code | LII / Legal Information Institute |publisher=Law.cornell.edu |date |
VOCA established the [[Crime Victims Fund]], which awards grants to crime victim compensation programs, [[Victim Notification System|victim notification systems]], and victim assistance programs.<ref>{{cite web|url=https://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42_10_112.html |title=42 USC Chapter 112 - VICTIM COMPENSATION AND ASSISTANCE | Title 42 - The Public Health and Welfare | U.S. Code | LII / Legal Information Institute |publisher=Law.cornell.edu |access-date=2014-01-02}}</ref> The fund is financed by offender fees. |
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====Crime Victims' Rights Act of 2004==== |
====Crime Victims' Rights Act of 2004==== |
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The |
The [[Crime Victims' Rights Act]], part of the Justice for All Act of 2004, enumerates the rights afforded to victims in federal criminal cases. The Act grants victims the following rights:<ref>{{cite web|title=H.R. 5107|url=https://www.gpo.gov/fdsys/pkg/BILLS-108hr5107enr/pdf/BILLS-108hr5107enr.pdf|publisher=Government Printing Office|access-date=1 October 2017|date=20 January 2004}}</ref> |
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# Protection from the accused, |
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# Notification, |
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# The right to notification, |
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# Not to be excluded from proceedings, |
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# Speaking at criminal justice proceedings, |
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# Consultation with the prosecuting attorney, |
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# Restitution, |
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# The right to [[restitution]], |
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# [[speedy trial|Proceedings free from unreasonable delay]], |
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# Fair treatment, and respect for the victims' dignity and privacy |
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The Crime Victims' Rights Act was named for Scott Campbell, [[Stephanie Roper]], Wendy Preston, Louarna Gillis, and Nila Lynn, murder victims whose families were denied some or all of the rights granted by the Act in the course of their cases.<ref>{{cite web|title=S.2329 - Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act|url=https://www.congress.gov/bill/108th-congress/senate-bill/2329|website=Congress.gov|publisher=United States Congress|accessdate=1 October 2017|date=22 April 2004}}</ref> |
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===State law=== |
===State law=== |
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All states have passed legislation that protects the rights of victims of crime,<ref name="staterights">{{cite web|title=Victims' Rights|url=http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victims%27-rights|website=National Center for Victims of Crime| |
All states have passed legislation that protects the rights of victims of crime,<ref name="staterights">{{cite web|title=Victims' Rights|url=http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victims%27-rights|website=National Center for Victims of Crime|access-date=1 October 2017|archive-date=1 February 2020|archive-url=https://web.archive.org/web/20200201034102/https://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victims%27-rights|url-status=dead}}</ref> and most have passed constitutional amendments that afford protection to crime victims.<ref name=ncvli_hist_rights/> Some state laws apply to only victims of [[felony]] offenses, while other states also extend rights to victims of less serious [[misdemeanor]] offenses.<ref name="staterights"/> When a victim is a minor, disabled, or deceased, some states permit family members to exercise rights on behalf of the victim.<ref name="staterights"/> |
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Common state law protections include the rights to:<ref name="staterights"/> |
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Common state law protections include:<ref name="staterights"/><ref name="el">{{cite web|last1=Larson|first1=Aaron|title=What Are Your Rights if You Are the Victim of a Crime|url=https://www.expertlaw.com/library/criminal/crime_victims.html|website=ExpertLaw|accessdate=1 October 2017|date=1 August 2016}}</ref> |
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*Treatment with dignity and respect, |
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*Information about the prosecution, plea offers, court proceedings, and sentencing, |
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*Make a statement in court at the time of sentencing, |
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*Protection, |
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*The right to protection, |
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*Seek compensation from a state victim's rights fund, |
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*Restitution from the offender, |
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*Return of personal property, and |
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*Information about parole proceedings or release from incarceration, and to make a statement to the parole board, |
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*Enforcement of victim's rights. |
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Many prosecuting attorneys' offices have a victim's rights officer or multiple employees who assist victims of crime during and after a prosecution. |
Many prosecuting attorneys' offices have a victim's rights officer or multiple employees who assist victims of crime during and after a prosecution. |
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=== Criticism === |
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===U.S. victims' rights organizations=== |
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In 2008, Human Rights Watch published an report comparing United States victims' rights laws to international human rights standards, which found that "while U.S. Jurisdictions, both federal and state, have made significant progress in recent decades, much more can be done to ensure that victims' rights and legitimate interests are upheld."<ref name="mixed_results" /> The report states that the U.S. should use the UN's ''Basic Principles'' as a guide to inform their laws and policies. In addition, it recommends that the U.S. adopt policies that define "victim" arbitrarily; expand access to victim services and compensation; and "maintain and enforce standards for the collection and preservation of evidence, particularly rape kit evidence."<ref name="mixed_results" /> The report also recommends U.S. ratification of the CEDAW and CRC.<ref name="mixed_results" /> |
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== European Union == |
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====National Crime Victim Law Institute==== |
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The [[Stockholm Programme|Stockholm programme]] entitles all victims of gender-based violence, domestic violence, and terrorism to the same protections as victims of crime, as these kinds of victims are deemed to be particularly vulnerable and in need of special support and protection by the state, regardless of their nationality.<ref>{{Citation |
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National Crime Victim Law Institute (NCVLI) is a national non-profit legal advocacy organization based at the [[Lewis & Clark Law School]] in Portland, Oregon. The organization was founded in 1997 by Professor Doug Beloof. It seeks to enhance victims' rights through a combination of legal advocacy, training and education, and public policy work. NCVLI also hosts an annual 2-day Crime Victim Law conference, and maintains a Victim Law Library, which contains laws and educational resources related to victims rights.<ref name=ncvli/> |
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====National Alliance of Victims' Rights Attorneys (NAVRA)==== |
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NAVRA is a membership alliance of attorneys and advocates dedicated to the promotion of crime victims' rights. It is a project of the National Crime Victim Law Institute. Membership in NAVRA provides access to expert services for crime victims, including a searchable database of case summaries, amicus briefs, and sample pleadings, as well as a directory of victims' rights professionals.<ref>[http://www.navra.org navra.org]</ref> |
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====National Organization for Victim Assistance (NOVA)==== |
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NOVA<ref>[http://www.trynova.org trynova.org]</ref> is a private non-profit organization dedicated to promoting rights and services for victims of crime. Founded in 1975, NOVA is the oldest national victims rights organization. The organization is focused both on national advocacy and on providing direct services to victims. |
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====National Center for Victims of Crime==== |
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[[National Center for Victims of Crime]] is a nonprofit organization based in [[Arlington, Virginia]], that advocates for victims' rights.<ref>"[https://victimsofcrime.org/about-us About Us]". ''National Center for Victims of Crime''.</ref> |
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====Rise==== |
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[[Rise (non-governmental organization)|Rise]] is an NGO working to implement a bill of rights for sexual assault victims. |
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== Europe == |
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=== European Union === |
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The Stockholm programme explicitly mentions gender-based violence victims in Sect. 2.3.4, stating that victims of this kind are particularly vulnerable, and therefore in need of special support and legal protection by the state. Victims of gender-based or domestic violence are entitled to the same protections as those who become victims of crime in an EU member state to which they are not nationals, as these kinds of victims are deemed to be more vulnerable and/or exposed to further harm. Victims of terrorism are also deemed to be in need.<ref>{{Citation |
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|url = http://www.ec.europa.eu/home-affairs/doc_centre/.../stockholm_program_en.pdf |
|url = http://www.ec.europa.eu/home-affairs/doc_centre/.../stockholm_program_en.pdf |
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|title = Stockholm Programme |
|title = Stockholm Programme |
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|publisher = European Commission |
|publisher = European Commission |
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|access-date = July 8, 2015 |
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|quote = Stockholm Programme: Sect. 2.3.4 |
|quote = Stockholm Programme: Sect. 2.3.4 |
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|ref = none |
|ref = none |
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}}{{Dead link|date=July 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The [[Victims of Crime Directive]] (Directive 2012/29/EU) recognised that there were concerns about freedom of movement in the EU and its impact on victims of crimes, and recommended the strengthening of victim rights as a remedy.<ref>{{cite web|url=http://ec.europa.eu/justice/criminal/files/victims/guidance_victims_rights_directive_en.pdf|title=Criminal justice|website=European Commission - European Commission}}</ref> The Directive requires that victims are recognised and treated with respect and dignity, protected from further victimisation from the offender or within criminal proceedings, and receive appropriate support and have access to compensation. All member EU states, except Denmark, are required to sign and implement the Directive. |
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}}{{Dead link|date=July 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> |
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The [[European Commission]] has states that all victims will be individually assessed to identify vulnerability. In particular, young victims are always presumed vulnerable, with other categories of persons such as victims of terrorism, organized crime, human trafficking, gender-based violence, sexual violence and exploitation, as well as victims with disabilities, being noted as having an increased of vulnerability.<ref>{{cite web |title=Rights of the victim – European Commission |url=http://ec.europa.eu/justice/criminal/victims/rights/index_en.htm |website=ec.europa.eu}}</ref> |
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==== Directive 2012/29/EU ==== |
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The goal specifically for the Directive 2012/29/EU, as stated by the European Union (EU), was to "improve the real, day to-day situation of millions of victims of crime across Europe to the greatest extent possible".<ref>{{cite web|url=http://ec.europa.eu/justice/criminal/files/victims/guidance_victims_rights_directive_en.pdf|title=Criminal justice|website=European Commission - European Commission}}</ref> The EU's efforts to increase freedom of movement between states has resulted in a growing concern for maintaining the rights of citizens of the EU when visiting a different member state. The EU deemed that the most important way to solve this was to clearly outline the rights of victims, to strengthen and increase victims' rights as well as increase participation of victims in criminal proceedings. |
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=== Austria === |
=== Austria === |
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Austria has established protections for |
Austria has established protections for victims of crime that reside in the [[European Economic Area|EEA area]] as well as Austrian citizens and permanent residents. Victim services include free access to legal advice and representation, counselling and monetary compensation for victims of criminal acts that result in at least six months imprisonment. The compensation is funded by fines imposed on convicted offenders, among other sources.<ref name="auto">{{cite web|url=https://www.ncjrs.gov/ovc_archives/reports/intdir2005/austria.html|title=Victim Compensation Programs: Austria|website=www.ncjrs.gov|access-date=2016-07-13|archive-url=https://web.archive.org/web/20170525225124/https://www.ncjrs.gov/ovc_archives/reports/intdir2005/austria.html|archive-date=2017-05-25|url-status=dead}}</ref> |
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Although Austria is a signatory to the Victims of Crime Directive (Directive 2012/29/EU) it has not been wholly compliant, given there is little emphasis on rights of interpretation. Applications, phone calls or emails must be made in either English or German which may hinder victims of crime from accessing services fully or understanding their rights without the help of an embassy or consulate. Another breach of the Directive involves the benefits afforded only to Austrian citizens. Austrian citizens are entitled to compensation if they are a victim of crime, even if they suffer an injury in another country, an additional protection for Austrian citizens only.<ref>{{cite web|url=http://ec.europa.eu/civiljustice/comp_crime_victim/comp_crime_victim_aus_en.htm|title=European Commission - European Judicial Network - Compensation to crime victims - Austria|website=ec.europa.eu}}</ref> Non EEA nationals have less protection from the state in Austria and must rely instead in contravention of the Directive, on Weissering which is a NFP organisation which provides services for victims of crime. Due to the limited resources (only partly funded by the government, largely reliant on donations) of Weissering, any victim seeking compensation will be means tested and assessed on a case by case basis. Emergency assistance may be available in some cases.<ref name="auto" /> |
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Although Austria is a signatory to the Victims of Crime Directive, it has not been wholly compliant. One breach of the directive is that the victims must largely communicate in English or German with officials, which may hinder the rights of victims without the help of a consulate. Another breach involves a number of benefits afforded only to Austrian citizens, including compensation if a citizen is a victim of crime even the injury is suffered in another country.<ref>{{cite web|url=http://ec.europa.eu/civiljustice/comp_crime_victim/comp_crime_victim_aus_en.htm|title=European Commission - European Judicial Network - Compensation to crime victims - Austria|website=ec.europa.eu}}</ref> Additionally, non-EEA nationals are not entitled to as much state support and must ordinarily instead rely on the donation-sponsored Weissering, which additionally takes on cases at discretion and after means testing.<ref name="auto" /> |
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In terms of engagement, the Austrian Government recently participated in Victims of Crime Awareness Day, promoting the rights of victims in the workplace which is an issue in Austria, in relation to employee/employer violence but also employee/client violence. This indicates that the Austrian Government is trying to raise awareness about victims of crime, specifically in areas that are presenting a current issue in accordance with the Directive<ref>{{cite web|url=http://victimsupport.eu/news/national-events-to-mark-european-day-for-victims-of-crime/|title=National events to mark European Day for Victims of Crime – Victim Support Europe, the voice of victims in europe|date=16 February 2016|publisher=}}</ref> |
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=== Bulgaria === |
=== Bulgaria === |
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Bulgaria's attempts to protect and support the rights of victims of crime are generally considered superficial. |
Bulgaria's attempts to protect and support the rights of victims of crime are generally considered superficial. Victims are entitled to participate in criminal trials as witnesses, private accusers or complainants, with assistance from legal counsel. Additionally, legislation provides for protection of vulnerable witnesses (e.g. children, victims of sexual offences) during witness examination and police questioning.<ref>{{Citation |
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| url = http://www.worldsocietyofvictimology.org/publications/wsv32.pdf |
| url = http://www.worldsocietyofvictimology.org/publications/wsv32.pdf |
||
| title = The Victimologist |
| title = The Victimologist |
||
| publisher = The Victimologist |
| publisher = The Victimologist |
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| |
| access-date = July 8, 2015 |
||
| ref = none |
| ref = none |
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}}</ref> |
}}</ref> A recent [[International Crime Victims Survey]] revealed that only 40% of victims in the nation are satisfied with the way police handled their matters.<ref>{{Citation |
||
| url |
| url = http://irv.sagepub.com/content/20/1/49.full.pdf+html |
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| title = The International Crime Victims Surveys: A retrospect |
| title = The International Crime Victims Surveys: A retrospect |
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| work |
| work = International Review of Victimology |
||
| access-date = July 8, 2015 |
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| publisher = International Review of Victimology |
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| accessdate = July 8, 2015 |
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| ref = none |
| ref = none |
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| archive-date = November 4, 2021 |
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| archive-url = https://web.archive.org/web/20211104233430/https://journals.sagepub.com/action/cookieAbsent |
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| url-status = dead |
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}}</ref> |
}}</ref> |
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A committee report on the [[Convention on the Elimination of All Forms of Discrimination Against Women|Convention on the Elimination of all Forms of Discrimination Against Women]] highlighted a number of breaches of the Convention by the state, being critical of Bulgaria's failure to provide for adequate compensation for victims of sexual offences and reliance on gender stereotypes when drafting legislation.<ref>{{Citation |title=Failure to provide effective protection against rape and sexual assault violated CEDAW (V.P.P. v. Bulgaria) |date=2013-04-21 |url=https://opcedaw.wordpress.com/2013/04/21/vpp-v-bulgaria/ |work=CEDAW |access-date=July 8, 2015 |publisher=Simone Cusack |ref=none}}</ref> Bulgaria's rape laws have also been controversial in their treatment of victims. In [[M.C. v. Bulgaria|M.C. v Bulgaria]], the ECJ held that the decision not to prosecute the rape of a 14-year-old rape victim, under a law that prescribed that rapes would only be prosecuted where there was evidence of physical force and active resistance, breached her rights provided under Articles 3 and 8.<ref>{{Citation |
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==== Issues for rape victims ==== |
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Bulgaria's rape laws have been controversial, with a number of applications made to the European Court of Justice for breaches of the Convention on Human Rights. In M.C. v Bulgaria, the ECJ held that the decision not to prosecute the rape of a 14-year-old rape victim breached her rights provided under Articles 3 and 8.<ref>{{Citation |
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|url = <!--http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=249c9d5f-eb8c-4132-b296-9a654b872bee%40sessionmgr115&vid=1&hid=118 commented out as it triggers the proxy filter--> |
|url = <!--http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=249c9d5f-eb8c-4132-b296-9a654b872bee%40sessionmgr115&vid=1&hid=118 commented out as it triggers the proxy filter--> |
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|title = Extending the reach of human rights to encompass victims of rape: M.C. v Bulgaria. Application no. 39272/98 |
|title = Extending the reach of human rights to encompass victims of rape: M.C. v Bulgaria. Application no. 39272/98 |
||
|work = Feminist Legal Studies |
|work = Feminist Legal Studies |
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|access-date = <!--July 8, 2015--> |
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|publisher = Feminist Legal Studies |
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|accessdate = <!--July 8, 2015--> |
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|ref = none |
|ref = none |
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|volume = 13 |
|volume = 13 |
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|pages = 145–157 |
|pages = 145–157 |
||
}}{{Dead link|date=August 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The |
}}{{Dead link|date=August 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The court had held that rape laws must apply to all forms of non-consensual sexual acts. |
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More recently, a number of breaches of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) were highlighted in a Committee report.<ref>{{Citation |
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| url = https://opcedaw.wordpress.com/2013/04/21/vpp-v-bulgaria/ |
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| title = Failure to provide effective protection against rape and sexual assault violated CEDAW (V.P.P. v. Bulgaria) |
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| work = CEDAW |
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| publisher = Simone Cusack |
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| accessdate = July 8, 2015 |
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| ref = none |
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| date = 2013-04-21 |
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}}</ref> The report was critical of Bulgaria's failure to provide for adequate compensation for victims of sexual offences as well as the reliance on gender stereotypes when drafting legislation. |
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A recent committee of the [[Council of Europe Convention on Action Against Trafficking in Human Beings|Council of Europe Convention on Action against Trafficking in Human Beings]] found that no adult victims of human trafficking received any form of assistance from the Bulgarian Government.<ref name="tandfonline.com">{{Citation |
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==== Issues with human trafficking laws ==== |
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A recent Council of Europe on Action against Trafficking in Human Beings found that no adult victims of human trafficking received any form of assistance from the Bulgarian Government.<ref name="tandfonline.com">{{Citation |
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| title = The crisis of a legal framework: protection of victims of human trafficking in Bulgarian legislation |
| title = The crisis of a legal framework: protection of victims of human trafficking in Bulgarian legislation |
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| journal = The International Journal of Human Rights |
| journal = The International Journal of Human Rights |
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| pages=668–688 |
| pages=668–688 |
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|year = 2013|last1 = Stoyanova|first1 = Vladislava| s2cid = 145067210 |
|year = 2013|last1 = Stoyanova|first1 = Vladislava| s2cid = 145067210 |
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| url = https://works.bepress.com/vladislava_stoyanova/8/download/ |
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}}</ref> A key reason for this seems to stem from peculiarities and uncertainty surrounding the legislative framework on human trafficking. First, it has two separate definitions: one for criminalisation of conduct and one for identification of victims.<ref name="tandfonline.com" /> The latter is more restrictive, so a person may be considered a victim for the purposes of a criminal trial yet fall outside the definition of 'victim' where support services and compensation are concerned. Secondly, Bulgaria's legislation operates solely from the perspective of Bulgaria being a country of 'origin' – i.e. that trafficking involves the relocation of Bulgarian nationals to other countries.<ref name="tandfonline.com" /> As a consequence, victims who are within Bulgaria but are non-EU nationals may fall through cracks in the legislation. |
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}}</ref> |
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=== Croatia === |
=== Croatia === |
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The rights of victims of crimes in Croatia have been improving steadily since Croatia became a candidate for the European Union in 2004. Croatia, in order to fulfil prerequisites for joining the EU, initiated changes in their criminal justice system in relation to the rights of victims. One change instigated by the government was in the form of the Department for Support to Witnesses and Other Participants in War Crimes Trials (2005).<ref name="undp.org">{{cite web|url=http://www.eurasia.undp.org/content/dam/rbec/docs/UNDP-CROATIA%20-%20Witness%20and%20Victim.pdf|title=Jasmina Mujkanović, "Development of a Witness and Victim Support System", UNDP Regional Centre for Europe and the CIS, United Nations Development Programme, 2014|access-date=2020-07-25|archive-date=2018-01-27|archive-url=https://web.archive.org/web/20180127124625/http://www.eurasia.undp.org/content/dam/rbec/docs/UNDP-CROATIA%20-%20Witness%20and%20Victim.pdf|url-status=dead}}</ref>{{Clarify|reason=don't understand|date=July 2023}} At a legislative level, the Criminal Procedure Act (2008) increased the rights of victims and recognised victims as a separate entity in court in addition to their role as a witness and injured party. These rights include the right to psychological support and to compensation.<ref>{{cite web|url=http://www.eurasia.undp.org/content/dam/rbec/docs/UNDP-CROATIA%20-%20Witness%20and%20Victim.pdf|title=Jasmina Mujkanović, "Development of a Witness and Victim Support System", UNDP Regional Centre for Europe and the CIS, United Nations Development Programme, 2014, p.30, retrieved July 8, 2015|access-date=July 25, 2020|archive-date=January 27, 2018|archive-url=https://web.archive.org/web/20180127124625/http://www.eurasia.undp.org/content/dam/rbec/docs/UNDP-CROATIA%20-%20Witness%20and%20Victim.pdf|url-status=dead}}</ref> The Crime Victims Compensation Act (2008) allowed Croatian citizens to receive compensation if they experienced serious personal injury.<ref name="undp.org" /> |
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The rights of victims of crimes in Croatia have been improving steadily since Croatia became a candidate for the European Union in 2004. As a result of their wish to become a part of the EU certain prerequisites had to be fulfilled in regards to their criminal justice system and human rights. |
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Croatia, in order to fulfil said prerequisites, initiated change in their criminal justice system in relation to the rights of victims. The change instigated by the government was in the form of the Department for Support to Witnesses and Other Participants in War Crimes Trials (2005).<ref name="undp.org">{{cite web|url=http://www.eurasia.undp.org/content/dam/rbec/docs/UNDP-CROATIA%20-%20Witness%20and%20Victim.pdf|title=Jasmina Mujkanović, "Development of a Witness and Victim Support System", UNDP Regional Centre for Europe and the CIS, United Nations Development Programme, 2014|publisher=}}</ref> |
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In 2015, Croatia's parliament adopted laws awarding victims of rape committed during the [[Croatian War of Independence|1991–1995 Independence War]] compensation as well as free access to therapeutic, medical, and legal services.<ref>{{cite web|url=http://www.businessinsider.com.au/croatia-will-pay-rape-victims-from-its-war-for-independence-over-3600-a-month-2015-5,|title=Croatia is planning to pay rape victims from its war for independence over $3,600 a month|first=Zoran|last=Radosavljevic|date=30 May 2015}}</ref><ref>{{cite web|url=http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15750&LangID=E|title=OHCHR - Human Rights Committee considers report of Croatia|website=www.ohchr.org}}</ref> |
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At a legislative level, the Criminal Procedure Act (2008) increased the rights of victims both within and of out criminal proceedings and recognised victims as a separate entity in court in addition to their role as a witness and injured party. |
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These rights include the "right to efficient psychological and other expert help and support from the authority, organisation or institution for aiding victims of criminal offences" and the "right to compensation for material and immaterial damages from the state fund".<ref>{{cite web|url=http://www.eurasia.undp.org/content/dam/rbec/docs/UNDP-CROATIA%20-%20Witness%20and%20Victim.pdf|title=Jasmina Mujkanović, "Development of a Witness and Victim Support System", UNDP Regional Centre for Europe and the CIS, United Nations Development Programme, 2014, p.30, retrieved July 8, 2015|publisher=}}</ref> |
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2008 also saw the enactment of the Crime Victims Compensation Act. This act resulted in the ability for Croatian citizens to receive compensation if they have endured serious personal injury.<ref name="undp.org"/> |
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Croatia's progressive stance can be exemplified through the recent case of the introduction of laws regarding the compensation to the victims of rape committed during the 1991–1995 Independence War. This move to compensate said victims was a display of the acceptance of the United Nations Security Council's 2008 resolution which stated rape could be considered a war crime. In line with the Crime Victim Compensation Act, Croatia's parliament, in 2015, adopted laws awarding victims of rape, committed in the Independence War, compensation. This compensation was in the form of a one off payment, coupled with a monthly allowance and access to free therapy, medical and legal services.<ref>{{cite web|url=http://www.businessinsider.com.au/croatia-will-pay-rape-victims-from-its-war-for-independence-over-3600-a-month-2015-5,|title=Croatia is planning to pay rape victims from its war for independence over $3,600 a month|first=Zoran|last=Radosavljevic|date=30 May 2015|publisher=}}</ref><ref>{{cite web|url=http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15750&LangID=E|title=OHCHR - Human Rights Committee considers report of Croatia|website=www.ohchr.org}}</ref> |
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=== Cyprus === |
=== Cyprus === |
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Cyprus awards compensation to victims of violence that cases serious bodily harm or death under [[European Convention on the Compensation of Victims of Violent Crimes]].<ref>{{Cite web |url=http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/national_law_cv_cyp_en.pdf |title=Number 51(I) of 1997 - A Law to Provide for the Compensation of Victims of Violent Crimes |access-date=2015-07-08 |archive-url=https://web.archive.org/web/20160304204305/http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/national_law_cv_cyp_en.pdf |archive-date=2016-03-04 |url-status=dead }}</ref> However, the majority of foreigners are not entitled to this compensation.<ref name="ncjrs.gov">{{cite web |title=Victim Compensation Programs: Cyprus |url=http://www.ncjrs.gov/ovc_archives/reports/intdir2005/cyprus.html |website=www.ncjrs.gov}}</ref> |
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This is crucial in relation to compensation claims, whereby foreign citizens are not afforded the same access to compensation. Nationals of states party to the European Convention on the Compensation of Victim of Violent Crimes are granted access to compensations, as are nationals of all Member States of the Council of Europe who are permanent residents in Cyprus.<ref name="ncjrs.gov">{{cite web|url=http://www.ncjrs.gov/ovc_archives/reports/intdir2005/cyprus.html|title=Victim Compensation Programs: Cyprus|website=www.ncjrs.gov}}</ref> All other foreigners are not granted eligibility in regards to claiming compensation as a victim of any classification of crime committed against them.<ref name="ncjrs.gov" /> |
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The prosecution of traffickers within Cyprus has been identified as a point of issue by the US Department of State.<ref name="state.gov">{{cite web|url=https://2009-2017.state.gov/j/tip/rls/tiprpt/countries/2014/226710.htm|title=Cyprus|publisher=}}</ref> According to statistics gathered, there has been a 55 percent decrease in the conviction of traffickers within Cyprus. Furthermore, perpetrators are often being convicted under statutes which prescribe a much less serious penalty than other anti-trafficking laws. This decrease in convictions reflects a negative impact on victims of trafficking, who may lack faith in a system of criminal justice which does not adequately identify and punish offenders.<ref name="state.gov" /> |
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=== Denmark === |
=== Denmark === |
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Victims' rights in Denmark are largely implemented through domestic legislation and not international law.<ref name="EU Justicia :: Welcome">{{Cite web|url=http://eujusticia.net/images/uploads/pdf/Victims_Directive_36_page|title=EU Justicia :: Welcome|website=eujusticia.net|access-date=2016-07-13}}</ref> Denmark is not a signatory to any of the European Union's directives on victims' rights, being the only member state which is not required to sign or implement Directive 2012/29/EU.<ref name="EU Justicia :: Welcome" /> |
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Notwithstanding, Denmark still maintains a relatively high standard for victims' rights through its domestic legislation, providing compensation for victims of crimes with serious injuries to all of its citizens as well as foreign citizens living in Denmark.<ref>{{Cite web|url=http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_cv_den_en.pdf|title=Compensation to Crime Victims – Denmark|archive-url=https://web.archive.org/web/20160817010344/http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_cv_den_en.pdf|archive-date=2016-08-17|url-status=dead}}</ref> Compensation is also given to dependents of homicide victims.<ref>{{Cite web |title=Victim Compensation Programs: Denmark |url=https://www.ncjrs.gov/ovc_archives/reports/intdir2005/denmark.html |url-status=dead |archive-url=https://web.archive.org/web/20170525225442/https://www.ncjrs.gov/ovc_archives/reports/intdir2005/denmark.html |archive-date=2017-05-25 |access-date=2016-07-13 |website=www.ncjrs.gov}}</ref> Compensation awarded for medical expenses and loss of income is additionally unlimited.<ref>{{Cite web|url=https://www.coe.int/en/web/cdcj|title=Council of Europe European Committee on Legal Co-operation - European Committee on Legal Co-operation - www.coe.int|website=European Committee on Legal Co-operation}}</ref> Danish police are required by law to accept any criminal report irrespective of the language used. |
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A controversial issue surrounding Danish Victim law is the decision not to sign any European Union directive on victims' rights. One of the most influential articles of EU legislation for victims constitutes Directive 2012/29/EU, which set minimum standards for victims' rights. However, as Denmark is not a signatory they are not obligated to implement the directive.<ref name="EU Justicia :: Welcome" /> |
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Other support services for victims of crime within Denmark include discretionary free legal aid for violent crimes and automatic free legal aid for victims of sexual assault. In addition, every victim has the right to an interpreter and free translation of legal documents. Victim support services are accessible to residents even where no crime has been reported and no criminal proceedings undertaken. Where mediation has occurred between an offender and the victim, with the offender apologising to and reconciling with the victim, the court may apply a lesser sentence for the sake of providing the victim empowerment and closure.<ref name="European e-Justice Portal">{{Cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-DK-maximizeMS-en.do?clang=en&idSubpage=1&member=1#n11|title=European e-Justice Portal|website=e-justice.europa.eu|access-date=2016-07-13}}</ref> Victims may also police decisions not to prosecute to a regional prosecutor, whose decision may be further appealed to the director of public prosecutions.<ref name="European e-Justice Portal" /> |
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Despite this decision, Denmark still has a relatively high standard for Victims rights within domestic legislation.The Victims Compensation Law of 2005 allows Danish and foreign citizens as well as Danish citizens living outside of Denmark access to compensation for victims of crime with serious injuries.<ref>{{Cite web|url=http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_cv_den_en.pdf|title=Compensation to Crime Victims – Denmark|archive-url=https://web.archive.org/web/20160817010344/http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_cv_den_en.pdf|archive-date=2016-08-17|url-status=dead}}</ref> Danish police are required by law to accept any criminal report irrespective of the language used. Compensation for victims of crime is extensive within Denmark. Compensation can be given to those who suffered serious injuries and dependents of homicide victims.<ref>{{Cite web|url=https://www.ncjrs.gov/ovc_archives/reports/intdir2005/denmark.html|title=Victim Compensation Programs: Denmark|website=www.ncjrs.gov|access-date=2016-07-13|archive-url=https://web.archive.org/web/20170525225442/https://www.ncjrs.gov/ovc_archives/reports/intdir2005/denmark.html|archive-date=2017-05-25|url-status=dead}}</ref> For medical expenses and loss of income there is no limit, whilst other forms of compensation (compensable costs) are capped at 1000 Danish Kroner, being decided by a compensation board. A time period of two years applies for all applications for compensation.<ref>{{Cite web|url=http://www.coe.int/t/dghl/standardsetting/victims/6041-6-ID3996-Victims%20-%20Support%20and%20assistance.pdf|title=Victims – Support and Assistance|last=|first=|date=|website=|publisher=|access-date=}}</ref> |
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Other support services for victims of crime within Denmark include free legal aid for violent crime upon application and automatic free legal aid for victims of sexual assault. For all other crimes the court will decide on free legal services on the grounds of economic situation and necessity. In addition, every victim whom comes before the system has the right to an interpreter as well as free translation of legal documents from the victim's primary language of understanding. In addition, victim support services are accessible to all residents even in circumstances where no crime has been reported, nor is there any criminal proceeding underway. This allows victims to access services and undergo rehabilitation, even in the instance where a choice is made to not report the crime. In the instance of mediation between offender and the victim, whereby the offender expresses remorse and the victim accepts the apology and reconciles, the judge and therefore the court may formally acknowledge the situation, still applying the sentence, however with a lighter punishment. This empowerment of the victim is often more necessary to provide closure than the strict punishment of the offender.<ref name="European e-Justice Portal">{{Cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-DK-maximizeMS-en.do?clang=en&idSubpage=1&member=1#n11|title=European e-Justice Portal|website=e-justice.europa.eu|access-date=2016-07-13}}</ref> |
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Upon investigation of the alleged crime, a regional public prosecution or law enforcement officials will decide how to proceed with the case. If there is a decision not to prosecute on behalf of the police, and therefore not proceed to a court trial (closure of the case), the victim can appeal the decision before a regional public prosecutor. If the regional public prosecutor has initially decided to close the investigation, then the next avenue is a submission of appeal is to be directed towards the Director of public prosecutions.<ref name="European e-Justice Portal" /> |
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=== Estonia === |
=== Estonia === |
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In Estonia, only 43% of victims of serious crimes made a police report, with only 17% of complainants saying they were satisfied with the treatment by the police.<ref>{{cite book|last1=Van Dijik|first1=Jan|last2=Groenhuijsen|first2=Marc|editor1-last=Walklate|editor1-first=Sandra|title=Handbook of Victims and Victimology|publisher=Routledge|location=London|isbn=978-1-84392-257-5|page=544|date=2007-10-01}}</ref> In 2002, the NGO Estonian Crime Victim Support Society released a document that led a debate about legislation dealing with victim support issues. This ultimately cumulated in the Victim Support Act of 2003, which marked a shift in the Estonian criminal justice system from retributive justice to restorative justice. Consequently, the Estonian government began to place more emphasis on providing practical and material help for victims of crime. Nonetheless, state victim support only deals with certain types of offences, with many victims uncomfortable participating.<ref name="University of Applied Sciences">{{cite web |last1=Lummer |first1=Ricarda |last2=Hagemann |first2=Otmar |last3=Nahrwold |first3=Mario |title=Improving Knowledge and Practice of Restorative Justice |url=http://www.thamesvalleypartnership.org.uk/wp-content/uploads/RJ-Final-Report-EU-Project.pdf |publisher=University of Applied Sciences |access-date=2020-07-25 |archive-date=2020-02-15 |archive-url=https://web.archive.org/web/20200215101406/http://www.thamesvalleypartnership.org.uk/wp-content/uploads/RJ-Final-Report-EU-Project.pdf |url-status=dead }}</ref> |
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The Estonian citizenship report a high trust in the incorruptibility of their judicial system (74%), legislators (67%) and police (83%).<ref>{{cite web|title=Global Corruption Barometer 2013 (Estonia)|url=http://www.transparency.org/gcb2013/country/?country=estonia|website=Transparency International|accessdate=8 July 2015|archive-url=https://web.archive.org/web/20150709125024/http://www.transparency.org/gcb2013/country/?country=estonia|archive-date=9 July 2015|url-status=dead}}</ref> By contrast, however, only 43% of victims of serious crimes said they reported it to the police, and only 17% said they were satisfied with the treatment of their complaint to police.<ref>{{cite book|last1=Van Dijik|first1=Jan|last2=Groenhuijsen|first2=Marc|editor1-last=Walklate|editor1-first=Sandra|title=Handbook of Victims and Victimology|publisher=Routledge|location=London|isbn=978-1-84392-257-5|page=544|date=2007-10-01}}</ref> |
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The NGO 'Estonian Crime Victim Support Society' has been in operation for over 20 years, and released a Victim Support Handbook in 2002 that led a debate about legislation dealing with victim support issues that ultimately cumulated in the Victim Support Act in 2003.<ref name="University of Applied Sciences">{{cite web|last1=Lummer|first1=Ricarda|last2=Hagemann|first2=Otmar|last3=Nahrwold|first3=Mario|title=Improving Knowledge and Practice of Restorative Justice|url=http://www.thamesvalleypartnership.org.uk/wp-content/uploads/RJ-Final-Report-EU-Project.pdf|publisher=University of Applied Sciences}}</ref> This Act was the beginning of a paradigmatic shift in Estonian criminal justice from a strongly retributive mindset to one of restorative justice, and showed a need and interest in caring for victims, as well as much more attention and real practical and material help for victims of crime.<ref name="University of Applied Sciences" /> |
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However, the NGO lacks state support and funding, and so is unable to offer high quality victim support throughout Estonia. State victim support only deals with certain types of offences with a fixed agenda and is far more regulated, making the process much more official, and leading to victims uncomfortable participating.<ref name="University of Applied Sciences" /> |
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Victims of |
Victims of serious violent crimes, as well as their dependents, in Estonia are entitled to state compensation under the Victim Support Act. Such compensation has a cap and includes loss of income, damages due to death, funeral expenses, among other damages.<ref name="riigiteataja.ee">{{cite web |author1=Republic of Estonia: Social Insurance Board |title=State compensation of victims of crime |url=https://www.riigiteataja.ee/en/eli/521122013001/consolide |access-date=8 July 2015 |website=Republic of Estonia: Social Insurance Board}}</ref><ref name="Victim Support Act">{{cite web |title=Victim Support Act |url=https://www.riigiteataja.ee/en/eli/521122013001/consolide |access-date=8 July 2015 |website=Riigi Teataja}}</ref> |
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=== France === |
=== France === |
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France is a signatory to the EU's |
France is a signatory to the EU's Victims of Crime Directive and had until November 2015 to implement it. As of February 2016, it had failed to notify the EU what policies it had implemented.<ref>{{Cite web|url=http://victimsupport.eu/news/the-eu-victims-directive-on-eu-day-for-victims-of-crime-2016-infringement-cases-opened-against-16-member-states/|title=Victim Support Europe|date=2016-02-22|access-date=2016-07-12}}</ref> |
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Victims of crimes in France have the right to be involved in the trial and access legal counsel.<ref>{{Cite web|url=https://e-justice.europa.eu/contentMaximisation.do?clang=en&idTaxonomy=171&idCountry=FR&idSubpage=2&member=1&action=maximizeMS&vmac=EjFQo72az24McyD895MPv1dXhu53NMU7uYQSZOp00j09rJNRaWI9sUnmTPuC_eDD1Nu0_7BEN_zEYe0s2vCM-AAABZUAAACU|title=European Justice (2012): My Rights During the Trial|access-date=2016-07-12}}</ref> They are also entitled to compensation, with police being obligated to inform victims of their right to compensation under the Framework Justice Act (2002). Police can also register compensation claims on behalf of victims so there is no need to go to court. A state fund for compensation for victims of violent crimes exists called The State Fund for the Victims of Crime. This is partly funded by funds from perpetrators.<ref>The Reform Act 1990</ref> |
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==== Compensation ==== |
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Under France's Framework Justice Act (2002), police are obligated to inform victims of their right to apply for compensation and seek a civil remedy. Police can register compensation claims on behalf of victims so there is no need to go to court.A state fund for compensation for victims of violent crimes exists called The State Fund for the Victims of Crime. This is partly funded by Criminal Justice bodies who recoup funds from perpetrators (The Reform Act 1990). |
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The French Department of Justice partially funds the National Victim Support and Mediation Institute, which provides assistance to victims and advocates for victims' rights.<ref>{{Cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-FR-maximizeMS-en.do?clang=en&idSubpage=4&member=1|title=European Justice (2012): Rights of Victims in Criminal Proceedings|access-date=2016-07-12}}</ref> The organisation has pushed for the French government to implement the directive, providing recommendations based on their assessment of victims' needs.<ref>{{Cite web|url=http://victimsupport.eu/activeapp/wp-content/uploads/2015/03/5_12_14_Presentation-French-MinistryJustice1.pdf|title=Victims' Support Europe (2015): French INAVEM Presentation|access-date=2016-07-12|archive-date=2016-10-11|archive-url=https://web.archive.org/web/20161011144835/http://victimsupport.eu/activeapp/wp-content/uploads/2015/03/5_12_14_Presentation-French-MinistryJustice1.pdf|url-status=dead}}</ref> |
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==== Victim resources ==== |
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There a number of organisations within France dedicated to providing justice and support for victims of crime in France. The European Justice e-porta fact sheet, offered in over 23 languages, outlines a number of different ones, including the National Victim Support and Mediation Institute (INAVEM).<ref>{{Cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-FR-maximizeMS-en.do?clang=en&idSubpage=4&member=1|title=European Justice (2012): Rights of Victims in Criminal Proceedings|last=|first=|date=|website=|publisher=|access-date=2016-07-12}}</ref> It is partially funded and certified by the department of Justice, and aims to drive, coordinate, and promote victim support missions. The organisation's 08VICTIMS (08 84284637) helpline is always available. It directs victims towards their nearest INAVEM support office who can get the victim assistance from the relevant victim organisation. It also promotes awareness of victims rights, as well as representing victims' aid associations at national, European and international level. The INAVEM has been pushing the French Government to implement the directive, providing recommendations based on their assessment of victims' needs.<ref>{{Cite web|url=http://victimsupport.eu/activeapp/wp-content/uploads/2015/03/5_12_14_Presentation-French-MinistryJustice1.pdf|title=Victims' Support Europe (2015): French INAVEM Presentation|last=|first=|date=|website=|publisher=|access-date=2016-07-12}}</ref> |
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In 2012, France was found to have violated Article 4 of the European Convention of Human Rights due to its failure to provide an adequate framework to protect the rights of human trafficking victims. As of 2013, the French government was found to be in full compliance with the required minimum standards for the elimination of trafficking.<ref>{{Cite web|url=https://2009-2017.state.gov/documents/organization/210739.pdf|title=2013 Trafficking in Persons report|date=June 1, 2013|website=U.S. Department of State|access-date=2016-07-12}}</ref> |
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==== Human trafficking: ==== |
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In 2012, France was found to have violated Article 4 of the European Convention of Human Rights due to its failure to provide an adequate framework to protect the rights of human trafficking victims. As of 2013, however, the Government of France was in full compliance with the required minimum standards for the elimination of trafficking. Despite this, the protection was still largely focused on victims of sex trafficking and not victims of labour trafficking.<ref>{{Cite web|url=https://2009-2017.state.gov/documents/organization/210739.pdf|title=2013 Trafficking in Persons report|last=|first=|date=June 1, 2013|website=U.S Department of State|publisher=|access-date=2016-07-12}}</ref> |
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=== Germany === |
=== Germany === |
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The German Code of Criminal Procedure 1987 gives victims a number of rights, including rights of participation in trial, of appeal, and of compensation for loss. Unlike in many other jurisdictions, victims of crime in Germany may participate in the criminal proceedings against the accused. For victims of certain personal offences, such as defamation, bodily injury, and property damage,<ref>For full list, see s 374 German Code of Criminal Procedure</ref> victims are automatically entitled to engage a private prosecutor who will represent their interests at trial. Victims also have the right to engage a legal representative to uphold their interests when, for example, they are being questioned as a witness.<ref>Braun, K 2014, 'Legal Representatives for Sexual Assault Victims – Possibilities for Law Reform?', Current Issues in Criminal Justice, Vol 25, No 3, p 828.</ref> |
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Justice proceedings in Germany take place under the Inquisitorial System of Justice, meaning that the judge has an active role within the investigation and trial process. In contrast to the Adversarial System of trial, it is possible to have more than two opposing parties in a criminal trial, as there is not such a large requirement of a balance between the prosecution and the rights of the defendant. Therefore, the German Code of Criminal Procedure 1987 (herein 'Criminal Code') gives victims a number of rights, including the right to participate in the trial; the right to appeal after the conclusion of the trial; and the right to seek compensation for their loss. |
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Private prosecutors cannot appeal decisions on account of the leniency of a sentence.<ref>{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-DE-maximizeMS-en.do?clang=en&idSubpage=3&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> |
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==== Links with the European Union ==== |
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As a founding member of the European Union, Germany is required to sign and implement to EU's directive on Victims' Rights into their national laws by 16 November 2015.<ref>{{cite web|url=http://ec.europa.eu/justice/criminal/victims/index_en.htm|title=Criminal justice|website=European Commission - European Commission}}</ref> The EU requires that victims are recognised and treated with respect and dignity; protected from further victimisation/intimidation from the offender or within the criminal justice proceedings; receive appropriate support and have access to compensation. Germany's Criminal Code has not been amended since April 2014, therefore nothing has been further implicated. However it is clear that Germany's Criminal Code already satisfies the EU requirements through their extensive rights and protections of the victim, entrenched within their Criminal Code. |
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==== Legal representative for victims in the trial ==== |
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Unlike many other jurisdictions, Part Five of the Criminal Code allows victims of crime to participate in the criminal proceedings against the accused. For victims of personal offences such as defamation; bodily injury; and property damage,<ref>For full list, see s 374 German Code of Criminal Procedure</ref> victims are automatically entitled to engage a Private Accessory Prosecutor ('PAP') who will represent their interests at trial. For victims of crime not mentioned in s 374 of the Criminal Code, permission can be sought from the Public Prosecution Office ('PPO'). |
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The Criminal Code<ref>German Code of Criminal Procedure 1987, s 385</ref> rules that the status of the PAP is that of the PPO in the preferred public charge, meaning they are able to participate to the same extent and be heard in the proceedings on the private charges. Furthermore, the PAP is entitled to a period of one week between summons and the main hearing and holds the right to inspect the files through an attorney. |
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Furthermore, should victim's not be eligible for PAP or choose not to do so, they have the right to engage a legal representative as a witness to uphold their interests when, for example, they are being questions as a witness at the main trial.<ref>Braun, K 2014, 'Legal Representatives for Sexual Assault Victims – Possibilities for Law Reform?', Current Issues in Criminal Justice, Vol 25, No 3, p 828.</ref> |
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==== Victims' opportunity to appeal the judgment ==== |
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PAP in principle, are entitled to appeal a judgement on grounds of fact and law only. However, an appeal by a PAP will be rejected should it be solely on account of leniency of the sentence.<ref>{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-DE-maximizeMS-en.do?clang=en&idSubpage=3&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> |
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Part three in the Criminal Code addresses appellate remedies and states that an appeal on fact and law needs to be filed with the court of first instance either orally to be recorded by the registry or in writing within one week after pronouncement of the judgment.<ref>German Code of Criminal Procedure 1987, Chapter 3, s 314</ref> |
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A PAP may withdraw at any stage throughout the proceedings but needs to consented by the defendant after the commencement of their examination of the main hearing. The PAP would be deemed to have withdrawn charges, if an appeal on the fact and law was filed by them, this would immediately be dismissed.<ref name="auto1">German Code of Criminal Procedure 1987, s 391</ref> Once the PAP withdraws, it may not be brought back a second time.<ref>German Code of Criminal Procedure 1987, s 392</ref> However, it is important to note that the PAP may demand restoration of the 'status quo ante' (previously existing state of affairs) within one week after the default subject to the conditions specified in sections 44 and 45.<ref name="auto1" /> |
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==== Victims' compensation ==== |
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Germany has a compensation program for victims of violent or personal crimes. A police report needs to be filed within a year in order to be eligible for compensation. According to the Crimes Victims Compensation Act (1985), all European Union citizens from foreign member states are also eligible for financial compensation. This covers special compensatory damages (out of pocket expenses), such as loss of earnings and medical expenses. However, it does not cover general damages which are non-monetary for example, mental anguish, pain and suffering. |
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=== Greece === |
=== Greece === |
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Victims of crimes in Greece may be afforded additional rights, support and protection in specific situations, including sexual abuse instances and where the victim is a minor. There is no discrimination by support services against foreigners.<ref name="fra.europa.eu">{{cite web| url=http://fra.europa.eu/sites/default/files/fra_uploads/country-study-victim-support-services-el.pdf | title=Victim Support Services in the EU: An overview and assessment of victims’ rights in practice | access-date=2023-12-28}}</ref> Foreign victims are entitled to an interpreter when testifying to the police.<ref name="fra.europa.eu" /> |
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In Greece, you are considered a victim if you have suffered damage (either personal injury or harm to/loss of property) as a result of an incident that constitutes a crime under national law.<ref>{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-el-en.do?member=1|title=European e-Justice Portal – Victims of crime|website=e-justice.europa.eu}}</ref> |
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The motivation behind the Directive 2012/29/EU, effectively setting a minimum standard for victims rights, is illustrated by the case of Robbie Hughes in 2008, a victim of a serious attack in Greece who was left with no support or advice.<ref>{{cite web|url=http://www.eesc.europa.eu/?i=portal.en.press-releases.37532|title=Victims' Rights in the EU: Now a reality|date=19 November 2015|publisher=|access-date=13 July 2016|archive-url=https://web.archive.org/web/20160817040207/http://www.eesc.europa.eu/?i=portal.en.press-releases.37532|archive-date=17 August 2016|url-status=dead}}</ref> The EU Member States (except Denmark) were required to implement the Directive into national law by 16 November 2015. However, Greece is one of the 16 countries facing infringement proceedings for the non-communication of the Directive.<ref name="victimsupport.eu">{{cite web|url=http://victimsupport.eu/news/the-eu-victims-directive-on-eu-day-for-victims-of-crime-2016-infringement-cases-opened-against-16-member-states/|title=The EU Victims' Directive on EU Day for Victims of Crime 2016: Infringement cases opened against 16 Member States – Victim Support Europe|date=22 February 2016|publisher=}}</ref> |
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Greece has been criticised for its lack of upholding minority victims rights in regards to hate crimes. In order to file a complaint for a hate crime, the current law requires the payment of a fee, dissuading victims from reporting offences. This deficiency is exacerbated by the lack of protection for undocumented migrants experiencing hate crime. Greece has also been condemned by the European Court of Human Rights 11 times for the misuse of weapons by police and the subsequent absence of effective investigations, with migrants or members of minority groups being victims in ten of these incidents.<ref name="hrw.org1">{{cite web |date=19 February 2015 |title=Greece: Address Longstanding Rights Issues |url=https://www.hrw.org/news/2015/02/19/greece-address-longstanding-rights-issues |url-status=dead |archive-url=https://web.archive.org/web/20160816131350/https://www.hrw.org/news/2015/02/19/greece-address-longstanding-rights-issues |archive-date=16 August 2016 |access-date=13 July 2016}}</ref> |
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In Greece, victims of crime enjoy rights before, during and after the trial process. In certain circumstances, such cases where the victim is a minor or has suffered sexual abuse, victims are afforded additional rights, support and protection. There is no discrimination by support services against foreigners.<ref name="fra.europa.eu">http://fra.europa.eu/sites/default/files/fra_uploads/country-study-victim-support-services-el.pdf</ref> Foreign victims are entitled to an interpreter when testifying to the police.<ref name="fra.europa.eu" /> |
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Greece is one of 16 countries facing infringement proceedings for non-communication of the EU Victims of Crime Directive.<ref name="victimsupport.eu">{{cite web |date=22 February 2016 |title=The EU Victims' Directive on EU Day for Victims of Crime 2016: Infringement cases opened against 16 Member States – Victim Support Europe |url=http://victimsupport.eu/news/the-eu-victims-directive-on-eu-day-for-victims-of-crime-2016-infringement-cases-opened-against-16-member-states/}}</ref> |
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However, Greece has been criticised for its lack of upholding minority victims rights and its failure in remedying human rights in cases of hate crime.<ref name="hrw.org1">{{cite web|url=https://www.hrw.org/news/2015/02/19/greece-address-longstanding-rights-issues|title=Greece: Address Longstanding Rights Issues|date=19 February 2015|publisher=|access-date=13 July 2016|archive-url=https://web.archive.org/web/20160816131350/https://www.hrw.org/news/2015/02/19/greece-address-longstanding-rights-issues|archive-date=16 August 2016|url-status=dead}}</ref> In order to file a complaint, the current law requires the payment of a fee, dissuading victims of hate crime from reporting offences.<ref name="hrw.org1" /> This deficiency is exacerbated by the lack of protection for undocumented migrants experiencing hate crime.<ref name="hrw.org1" /> Demonstrating the limited victim status of migrants and minority groups members is the inadequacy of support where such groups are victims of police abuse. Greece has been condemned by the European Court of Human Rights 11 times for the misuse of weapons by police and the subsequent absence of effective investigations. Migrants or members of minority groups were victims in ten of these incidents.<ref name="hrw.org1" /> |
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For victims of domestic violence and certain other crimes such as child abuse, if the offender lacks the means to provide compensation, or if the offender remains anonymous, the state of Greece, under the Compensation Directive 2004/80/EC is obliged to provide compensation to victims of intentional crimes of violence.<ref name="loc.gov">{{cite web|url=https://www.loc.gov/law/foreign-news/article/greece-draft-law-on-compensation-of-victims-of-intentional-violence/|title=Greece: Draft Law on Compensation of Victims of Intentional Violence – Global Legal Monitor|date=3 December 2009|website=www.loc.gov}}</ref> The compensation provided by the perpetrator or the state of Greece must cover financial losses associated with physical damage resulting from the violent crime; this includes medical fees, loss of income and funeral costs, but not psychological damage and trauma.<ref name="loc.gov" /> Victims of crime in Greece have five days to report the crime; if the crime is not reported in this timeframe, victims are not eligible for compensation.<ref name="loc.gov" /> The Hellenic Compensation Authority processes claims for compensation.<ref>{{cite web|url=http://www.ministryofjustice.gr/site/en/HellenicCompensationAuthority.aspx|title=Υπουργείο Δικαιοσύνης > Hellenic Compensation Authority|first=Υπουργείο|last=Δικαιοσύνης|website=www.ministryofjustice.gr|access-date=2016-07-13|archive-url=https://web.archive.org/web/20160713123658/http://www.ministryofjustice.gr/site/en/HellenicCompensationAuthority.aspx|archive-date=2016-07-13|url-status=dead}}</ref> |
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'''Compensation for victims of intentional crimes of violence in Greece''' |
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For victims of domestic violence and other intentional crimes such as child abuse, if the offender lacks the means to provide compensation for their crime(s), or if the offender remains anonymous, the state of Greece, under the Compensation Directive 2004/80/EC is obliged to provide compensation to victims of intentional crimes of violence.<ref name="loc.gov">{{cite web|url=https://www.loc.gov/law/foreign-news/article/greece-draft-law-on-compensation-of-victims-of-intentional-violence/|title=Greece: Draft Law on Compensation of Victims of Intentional Violence – Global Legal Monitor|date=3 December 2009|website=www.loc.gov}}</ref> The compensation provided by the perpetrator or the state of Greece must cover financial losses associated with physical damage resulting from the violent crime, this includes medical fees, loss of income and funeral costs. However, psychological damage and trauma resulting from the crime are not compensated.<ref name="loc.gov" /> Victims of crime in Greece have five days to report the crime; if the crime is not reported in this timeframe, victims are not eligible for compensation.<ref name="loc.gov" /> An [https://web.archive.org/web/20161011145007/http://www.ministryofjustice.gr/site/LinkClick.aspx?fileticket=PqM22gvCCCg%3d&tabid=163 application form] is required for processing compensation claims, and this is to be completed in Greek. The Hellenic Compensation Authority processes claims for compensation.<ref>{{cite web|url=http://www.ministryofjustice.gr/site/en/HellenicCompensationAuthority.aspx|title=Υπουργείο Δικαιοσύνης > Hellenic Compensation Authority|first=Υπουργείο|last=Δικαιοσύνης|website=www.ministryofjustice.gr|access-date=2016-07-13|archive-url=https://web.archive.org/web/20160713123658/http://www.ministryofjustice.gr/site/en/HellenicCompensationAuthority.aspx|archive-date=2016-07-13|url-status=dead}}</ref> |
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'''Support services available to victims of crimes in Greece''' |
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There are a number of services available to victims of crime in Greece. These include: |
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[https://web.archive.org/web/20160801115402/http://www.ekka.org.gr/EKKA!show.action?lang=en EKKA] –domestic violence and racist attacks |
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[https://web.archive.org/web/20160704020648/http://arsis.gr/en/who-we-are/policy-statement/ Association for Minors' Protection], NGOs: [http://www.hamogelo.gr/1.2/home Hamogelo tou Paidiou], [https://web.archive.org/web/20160627235441/http://arsis.gr/en/who-we-are/ Arsis]– social service for children |
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=== Hungary === |
=== Hungary === |
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Until new legislation was introduced in 2013, domestic violence was not categorized as a separate offence from other forms of assault, which meant that victims of domestic violence in Hungary were accosted the same rights as other victims of assault. According to [[Human Rights Watch]], police in Hungary had often dismissed the injuries of victims of serious domestic violence, at times refusing to bring abusers to prosecution.<ref name="hrw.org">{{cite journal |last1=Gall |first1=Lydia |date=6 November 2013 |title=Unless Blood Flows |url=https://www.hrw.org/report/2013/11/06/unless-blood-flows/lack-protection-domestic-violence-hungary |journal=Human Rights Watch}}</ref> In the ECtHR case [[Kalucza v. Hungary 2012]], the applicant complained that Hungarian authorities had failed to protect her abuse from her husband in her home. The ECtHR concluded that Article 8 (providing the right to respect for private and family life) had been breached.<ref>{{cite web| url=http://echr.coe.int/Documents/FS_Domestic_Violence_ENG.pdf | access-date=2023-12-28 | title=Domestic violence}}</ref> Legislative changes made in 2013 imposed harsher penalties upon perpetrators of domestic violence and placed the onus upon the prosecution, and not the victim, to pursue legal action.<ref name="hrw.org" /> |
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=== Ireland === |
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Following the introduction of the directive on victims rights by the EU in 2012.(reference the directive) It is particularly relevant to examine the avenues available to victims in terms of compensation and legal aid, and avenues for retribution. |
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==== Compensation ==== |
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There are a number of ways to claim compensation as a victim of crime, be it through a court order dictating that an offender must pay compensation to you. If you are injured as a result of a crime, you can seek to claim compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted. This would be funded through the Department of Justice and Equality and administered by the Criminal Injuries Compensation Tribunal. |
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To seek compensation for an injury inflicted in another EU state you need to contact the compensation tribunal to gain information around how to claim compensation from the member state in question. |
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There is no time limit to making a claim if the injury inflicted resulted in the death of a victim. if this did not occur, claims must be made within 3 months. |
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==== Eligibility for compensation ==== |
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Compensation will be provided to victims, or in the event of a fatality, the immediate family of the victim. |
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The scheme of compensation is available to you if you were injured as a result of violent crime or if you were injured in assisting another victim of crime or whilst attempting to save a life. |
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You do not need legal representation to apply for compensation and then tribunal is not obliged to cover any legal costs. |
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No compensation will be given to you in the event you were living with the perpetrator at the time of the attack, meaning this is not available to victims of domestic violence. In addition, the compensation scheme does not exist to provide retribution for pain and suffering, but instead to cover out of pocket expenses and medical bills. |
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Compensation is means tested and may vary depending on welfare payments, salary, and sick leave. The tribunal also considers your character and way of life when deciding compensation level. If you are found to have provoked the injury, compensation is unlikely to be provided. |
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==== How to apply for compensation ==== |
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There are a number of ways to claim compensation as a victim of crime, be it through a court order dictating that an offender must pay compensation to you. If you are injured as a result of a crime, you can seek to claim compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted. This would be funded through the Department of Justice and Equality and administered by the Criminal Injuries Compensation Tribunal. |
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To seek compensation for an injury inflicted in another EU state you need to contact the compensation tribunal to gain information around how to claim compensation from the member state in question. |
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There is no time limit to making a claim if the injury inflicted resulted in the death of a victim. If this did not occur, claims must be made within 3 months- to make a claim for compensation a police report must have been completed. |
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==== Avenues for seeking assistance as a victim of crime ==== |
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*Ireland Human Rights Advocates |
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*Ireland Irish Council for Civil Liberties:<ref>{{Cite web |url=http://ww.iccl.ie/ |title=Archived copy |access-date=2018-08-26 |archive-url=https://web.archive.org/web/20130905052250/http://ww.iccl.ie/ |archive-date=2013-09-05 |url-status=dead }}</ref> Ireland (Consortium Leader and Western European Cluster) Irish Council for Civil Liberties (ICCL) (1976), headquarters in Dublin, ICCL is Ireland's independent human rights watchdog, which monitors, educates and campaigns around the protection and promotion of human rights in Ireland. ICCL is the lead partner in JUSTICIA |
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*Victims Rights Alliance:<ref>{{cite web|url=https://victimsrightsalliance.com/about/|title=ABOUT US|date=22 October 2013|access-date=2016-07-13|archive-url=https://web.archive.org/web/20161011144926/https://victimsrightsalliance.com/about/|archive-date=2016-10-11|url-status=dead}}</ref> The victims rights alliance is a group of victims rights and human rights organisations in Ireland. They are largely responsible for victim's rights being upheld and enforced. |
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*Know Your Rights |
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*Victims Directive of the European Union:<ref>http://eujusticia.net/images/uploads/pdf/Victims_Directive_36_page.pdf</ref> Guidelines for those who have been impacted by crime. Outline of the rights of victims and possible strategies and how to make complaints. (Note: As of February 2016, Ireland has failed to publish the Victims of Crime Bill [reference: Victims Rights Alliance]). |
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*Crime Victims Helpline:<ref>{{cite web|url=http://crimevictimshelpline.ie/|title=Home - Crime Victims Helpline|website=Crime Victims Helpline}}</ref> Understand what your rights are and how they are protected, how to cope with the effects of crime as well as support agencies and information about the Criminal Justice System. |
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=== Italy === |
=== Italy === |
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Victims rights are |
Victims rights are detained in the Code of Penal Procedure, which outlines that during prosecution and sentencing, victims have the right to be informed of judicial proceeding developments and can produce evidence at any stage of the trial. Victims also have the right to oppose a judge in their decision on a request for dismissal and may engage their own counsel if necessary.<ref name="ReferenceB">{{cite web|url=https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=169641|title=NCJRS Abstract – National Criminal Justice Reference Service|website=www.ncjrs.gov|access-date=2015-07-08|archive-url=https://web.archive.org/web/20150709172117/https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=169641|archive-date=2015-07-09|url-status=dead}}</ref> Victims who have died as a result of a crime may have their rights exercised by close relatives of the victim.<ref>{{cite web|url=http://www.studiocataldi.it/codiceprocedurapenale/personaoffesa.asp|title=Codice di procedura penale – La Persona Offesa|website=www.studiocataldi.it}}</ref> Victims are entitled to compensation depending on the nature and severity of the crime. Particularly vulnerable victims may be granted free legal aid. Victims' assistance agencies may also accompany vulnerable victims at trial with their consent.<ref name="ReferenceB" /> |
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Article 90 of the Code of Penal Procedure states that victims are allowed to present written memories and statements at any stage of the judicial process that indicate evidence. Furthermore, section 3 of Article 90 states that if a victim has died as a result of the crime then the power of rights as states by law are able to be exercised by close relatives of the victim.<ref>{{cite web|url=http://www.studiocataldi.it/codiceprocedurapenale/personaoffesa.asp|title=Codice di procedura penale – La Persona Offesa|website=www.studiocataldi.it}}</ref> |
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Victims are able to access assistance agencies, which have the primary objective of providing adequate compensation. The amount and source of compensation is determined by the nature and severity of the crime. For instance, victims of organized crime and terrorism are entitled to up to 100,000 US dollars from the State while victims that have experienced property or medical damage will be compensated by their offenders. Additionally, a victim with special needs may be granted of free legal aid and will be compensated by both private donations and a proportion of the pay received by convicted working prisoners from the Department of Prisons. The victims' assistance agencies also provide the option to accompany the victim at trial with their consent.<ref name="ReferenceB" /> |
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==== Child victims ==== |
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One of the most vulnerable victim groups in Italy is children under the age of 16. Some of the most prevalent challenges faced by children in Italy include child labor, forced participation in organized crime and also becoming refugees after fleeing their own nation.<ref>{{cite web|url=http://www.humanium.org/en/italy/|title=Children of Italy – Humanium • We make children's rights happen|publisher=}}</ref> Although young victims have rights explicitly stated in the Italian Penal Code, the Italian criminal justice system lacks ongoing supportive resources to protect the rights of children. |
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The European Commission has outlined the rights of the victims and states that all victims will be individually assessed to identify vulnerability. Young victims are always presumed vulnerable and particular attention is paid to categories such as victims of terrorism, organized crime, human trafficking, gender-based violence, victims with disabilities, sexual violence and exploitation.<ref>{{cite web|url=http://ec.europa.eu/justice/criminal/victims/rights/index_en.htm|title=Rights of the victim – European Commission|website=ec.europa.eu}}</ref> Furthermore, according to the United Nations Office on Drugs and Crime and article 609 decies of the Italian Penal Code, a child victim of sexual exploitation is to be assisted throughout the entire proceedings.<ref>{{Cite web |url=https://www.unodc.org/documents/justice-and-prison-reform/Justice_in_matters...pdf |title=Archived copy |access-date=2015-07-08 |archive-url=https://web.archive.org/web/20140211180657/http://www.unodc.org/documents/justice-and-prison-reform/Justice_in_matters...pdf |archive-date=2014-02-11 |url-status=dead }}</ref> |
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Article 498 of the Italian Code of Penal Procedure states that the investigatory examination of a child in a court of law must be undertaken by the President of questions and is also assisted by a family member or child psychologist.<ref>{{cite web |title=Giudizio - Dibattimento, Codice di procedura penale, Libro VII, Titolo II |url=https://www.altalex.com/documents/news/2014/10/28/giudizio-dibattimento |website=Altalex |accessdate=27 May 2020 |language=Italian}}</ref> |
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=== Malta === |
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Following a report commissioned by former justice minister Chris Said lamenting the poor state in which victims were treated, Malta introduced the Victims of Crime Act (2015) on the 2nd of April of that year.<ref name="timesofmalta.com">{{cite web|url=http://www.timesofmalta.com/articles/view/20150420/local/new-law-gives-crime-victims-legal-aid-right.564676|title=New law gives crime victims legal aid right|first=Allied Newspapers|last=Ltd|publisher=}}</ref> The report emphasised the need to increase the amount of resources for the legal aid office and said that victims should be able to receive benefits from the service.<ref name="timesofmalta.com" /> The new Act provides free legal aid to victims of crime, where this was only open to the accused prior to its assent.<ref name="timesofmalta.com" /><ref name="justiceservices.gov.mt">{{Cite web|url=http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=26766&l=1|title=Victims of Crime Act|website=justiceservices.gov.mt|access-date=2019-08-27}}</ref> |
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According to Dr Roberta Lepre, director of Victim Support Malta, there are three primary focuses in the legislation: information, support, and protection.<ref name="timesofmalta.com" /> In terms of information, victims now have the right to easily access to clear information about the relevant procedures, what support services are available, how to access legal aid services, how to access compensation, and whether they are entitled to translation services.<ref name="justiceservices.gov.mt" /> Victims also now have the right to receive acknowledgement of a complaint, outlining the basic elements of the crime concerned as well as ongoing information about his or her case.<ref name="justiceservices.gov.mt" /> Further, if police do not arraign suspect, the victim has right to be informed of the decision in writing.<ref name="justiceservices.gov.mt" /> |
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When it comes to support, victims now have the right to free use of support services following a needs and risk assessment.<ref name="justiceservices.gov.mt" /> Support services also include information on how to receive information on prevention of further risk of victimisation, and access to counselling for emotional or psychological damage.<ref name="justiceservices.gov.mt" /> Competent authorities are also obliged to inform victims of ways in which they can be protected, such as seeking a protection order.<ref name="justiceservices.gov.mt" /> |
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One of the most vulnerable victim groups in Italy is children under the age of 16. Some of the most prevalent challenges faced by children in Italy include child labor, forced participation in organized crime and also becoming refugees after fleeing their own nation.<ref>{{Cite web|url=https://www.humanium.org/en/europe-caucasus/italy/|title=Children of Italy|website=Humanium}}</ref> Child victims have certain rights explicitly stated in the Italian Penal Code; for example, a child victim of sexual exploitation is to be assisted throughout the entire criminal proceedings,<ref>{{Cite web |title=Justice in Matters involving Child Victims and Witnesses of Crime |url=https://www.unodc.org/documents/justice-and-prison-reform/Justice_in_matters...pdf |url-status=dead |archive-url=https://web.archive.org/web/20140211180657/http://www.unodc.org/documents/justice-and-prison-reform/Justice_in_matters...pdf |archive-date=2014-02-11 |access-date=2015-07-08}}</ref> and investigatory examination of a child must be undertaken by the president of questions and be assisted by a family member or child psychologist.<ref>{{cite web |date=14 May 2007 |title=Giudizio - Dibattimento, Codice di procedura penale, Libro VII, Titolo II |url=https://www.altalex.com/documents/news/2014/10/28/giudizio-dibattimento |access-date=27 May 2020 |website=Altalex |language=it}}</ref> Nonetheless, the Italian criminal justice system lacks ongoing supportive resources to protect the rights of children.{{Cn|date=July 2023}} |
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The legislation is primarily aimed at allowing victims a greater voice, and potentially working towards reconciliation between victim and offender by decreasing the hardship of the former.<ref>{{cite web|url=http://www.timesofmalta.com/articles/view/20150324/local/bill-increasing-rights-of-victims-of-crime.561249|title=Bill increasing rights of victims of crime|first=Allied Newspapers|last=Ltd|publisher=}}</ref> For the purposes of the Act, a victim is one who has suffered "physical, mental or emotional harm or economic loss which was directly caused by a criminal offence".<ref name="justiceservices.gov.mt" /> This also applies to family members of those who have died as a direct result of a crime.<ref name="justiceservices.gov.mt" /> Such broad provisions allow for the benefits to be accessed by many people. It is too early to say, however, whether the new legislation has been implemented effectively. |
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=== Lithuania === |
=== Lithuania === |
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Lithuania has several national mechanisms relating to the rights and support for victims of crime. The Ministry of Justice, Ministry of Foreign Affairs, and the Police Department of the Ministry of the Interior each provide legal aid and set up |
Lithuania has several national mechanisms relating to the rights and support for victims of crime. The Ministry of Justice, Ministry of Foreign Affairs, and the Police Department of the Ministry of the Interior each provide legal aid services and have set up protection measures for victims of crime.<ref name="e-justice.europa.eu">{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-LT-maximizeMS-en.do?clang=en&idSubpage=4&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> |
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Lithuania allows for the voluntary compensation of victims of crimes, which, if not done, allows the victim to bring a civil suit against the offender. If the offender cannot provide compensation for the victim, the state will provide compensation in lieu.<ref name="books.google.it">{{cite book|url=https://books.google.com/books?id=NF04lGWdaEAC&q=victims+of+crime+lithuania&pg=PA226|title=Victims: Support and Assistance|first=Council of|last=Europe|date=1 January 2007|publisher=Council of Europe|via=Google Books|isbn=9789287163776}}</ref> |
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There are many NGOs operating within Lithuania that provide facilities and support for victims. These include the Crime Victim Care Association of Lithuania,<ref name="books.google.it" /> Caritas Lithuania, the Missing Person's Support Centre, Klaipeda Social and Psychological Support Centre, the Child House, and the International Organization for Migration.<ref name="e-justice.europa.eu" /> |
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Studies have been conducted into the physical and psychological state and needs of victims post criminalization, especially that of victims of trafficking. These studies greatly assist NGO's understanding and assisting victims of crime providing greater relief during the criminal trial process, incarceration system and return to everyday life.<ref>{{cite web|url=http://nordicbaltic-assistwomen.net/IMG/pdf/Lithuanian_Model_WT_Final_May_2008-2.pdf|title=The Model of assistance for woman victims of human trafficking in Lithuania|access-date=2015-07-08|archive-url=https://web.archive.org/web/20160303224947/http://nordicbaltic-assistwomen.net/IMG/pdf/Lithuanian_Model_WT_Final_May_2008-2.pdf|archive-date=2016-03-03|url-status=dead}}</ref> |
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=== Latvia === |
=== Latvia === |
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Latvia does not have a comprehensive victim support system, |
Latvia does not have a comprehensive victim support system, and there is no indication that it intends to develop one. Despite this, the criminal procedure law of Latvia includes a specific chapter dedicated to victims, outlining the procedural rights and obligations of victims. For an individual to gain victims' rights in Latvia, four requirements must be fulfilled: the initiation of a criminal procedure, information that suggests that the offence harmed the person, consent by the victim to be recognised as such, and the recognition of the person as a victim by the person in charge of the criminal proceedings.<ref name="pdf">{{cite web|url=https://repozytorium.amu.edu.pl/jspui/bitstream/10593/12051/1/Projekt_4.pdf|title=Sile, S., & Ziedina, D., (2015). "Improving Protection of Victims' Rights in Latvia – Access to Legal Aid and Mediation as a Toll to Settle the Conflict"|access-date=2015-07-08|archive-url=https://web.archive.org/web/20150709083004/https://repozytorium.amu.edu.pl/jspui/bitstream/10593/12051/1/Projekt_4.pdf|archive-date=2015-07-09|url-status=dead}}</ref> Victims of crime in Latvia have access to legal aid, but they must pay the costs up front, with reimbursement being provided by the offender. |
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Latvia is a Tier 2 source and destination country persons trafficked for sexual exploitation and forced labour.<ref name="USSD">{{Cite web|url=https://2009-2017.state.gov/j/tip/rls/tiprpt/2008/105388.htm|title=Country Narratives -- Countries H through R|website=U.S. Department of State}}</ref> To safeguard the rights of victims of trafficking, the government of Latvia has increased the accessibility of government-funded protections, including offering victims of trafficking temporary residency in exchange for participating in the judicial process against human traffickers.<ref name="USSD" /><ref name="pdf"/> During this period of investigation, qualifying victims are offered government aid.<ref name="Likumi">{{cite web|url=http://likumi.lv/doc.php?id=136683|title=Par valsts kompensāciju cietušajiem|website=LIKUMI.LV}}</ref> Victims who do not meet the qualifying criteria are referred to non-governmental organisations for aid.<ref name="USSD" /> Furthermore, victims who may have participated in unlawful activity as a result of their trafficking can avoid prosecution.<ref name="USSD" /><ref name="Likumi" /> The Latvian government also ensures the social rehabilitation of victims of human trafficking.<ref name="providus">{{cite web|url=http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/ANG_105_finish_doc.pdf|title=Zavackis, A., Judins, A., Dzenovska, I., Kronberga, I., & Sile, S. (2013). Provision for the Needs of Crime Victims: Support to Prevention of Victimisation in Latvia|access-date=2020-07-25|archive-date=2015-07-09|archive-url=https://web.archive.org/web/20150709165529/http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/ANG_105_finish_doc.pdf|url-status=dead}}</ref> |
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In Latvia, in order to be recognized as a victim under the criminal procedure law four steps must be undertaken. Firstly, a criminal procedure must be initiated.<ref name="repozytorium.amu.edu.pl" /> Secondly, there must be information that suggests as the result of the offence the person was harmed.<ref name="repozytorium.amu.edu.pl" /> Thirdly, the person who experienced the harm must agree to become a victim within the criminal proceedings.<ref name="repozytorium.amu.edu.pl" /> Fourthly and finally, the person in charge of the criminal proceedings must recognise that the person is a victim. Once these four steps take place, and the person is established as a victim, the victim gains victim rights.<ref name="repozytorium.amu.edu.pl" /> |
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Victims of crime in Latvia have access to legal aid. Legal aid is often unaffordable to victims however, as although expenses for legal assistance be reimbursed from the offender, the victim has to pay the costs upfront at the time. |
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State compensation, for moral injury, physical suffering or financial loss, is available to victims of certain types of crimes. This includes in cases of intentional criminal offences, if the offence resulted in death, if the offence resulted in severe bodily injuries or if the perpetrator of the offence was not identified and thus has not been held criminally liable. The maximum amount of compensation is give minimal monthly wages and the amount awarded depends on the severity of the crime. In the case of the crime causing the victim's death, 100% of compensation shall be awarded. |
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==== Human trafficking ==== |
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Latvia is a Tier 2 source and destination country persons trafficked for sexual exploitation and forced labour.<ref name="USSD">{{cite web|url=https://2009-2017.state.gov/j/tip/rls/tiprpt/2008/105388.htm|title=Country Narratives -- Countries H through R|publisher=}}</ref> To safeguard the rights of victims of trafficking, the government of Latvia has increased the accessibility of government funded protections, such as offering victims of trafficking temporary residency in exchange for participating in the judicial process against human traffickers.<ref name="USSD" /><ref name="pdf">{{cite web|url=https://repozytorium.amu.edu.pl/jspui/bitstream/10593/12051/1/Projekt_4.pdf|title=Sile, S., & Ziedina, D., (2015). "Improving Protection of Victims' Rights in Latvia – Access to Legal Aid and Mediation as a Toll to Settle the Conflict"|publisher=|access-date=2015-07-08|archive-url=https://web.archive.org/web/20150709083004/https://repozytorium.amu.edu.pl/jspui/bitstream/10593/12051/1/Projekt_4.pdf|archive-date=2015-07-09|url-status=dead}}</ref> During this period of investigation, qualifying victims are offered government aid, which is 70% of the maximum amount of state compensation.<ref name="Likumi">{{cite web|url=http://likumi.lv/doc.php?id=136683|title=Par valsts kompensāciju cietušajiem|website=LIKUMI.LV}}</ref> Victims who do not meet the qualifying criteria are referred to non-governmental organisations for aid.<ref name="USSD" /> Furthermore, victims who may have directly or indirectly participated in unlawful activity as a result of their trafficking can avoid prosecution.<ref name="USSD" /><ref name="Likumi" /> |
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Intersecting with social services and assistance laws, the Latvian government also ensures the social rehabilitation of the victims of human trafficking.<ref name="providus">{{cite web|url=http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/ANG_105_finish_doc.pdf|title=Zavackis, A., Judins, A., Dzenovska, I., Kronberga, I., & Sile, S. (2013). Provision for the Needs of Crime Victims: Support to Prevention of Victimisation in Latvia|publisher=}}</ref> The Government of Latvia has also established an "anti-trafficking action plan" for 2014–2020 to strengthen the rights of victims of trafficking, and to increase awareness of the crime.<ref>{{cite web|url=http://riga.usembassy.gov/tip.html|title=Embassy of the United States: Riga, Latvia (2014). U.S./Latvia Relations: Trafficking in Persons|access-date=2015-07-08|archive-url=https://web.archive.org/web/20150703194910/http://riga.usembassy.gov/tip.html|archive-date=2015-07-03|url-status=dead}}</ref> |
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=== Luxembourg === |
=== Luxembourg === |
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Luxembourg has a well-developed program of victim support services through the state |
Luxembourg has a well-developed program of victim support services through the state-run Victim Support Service (part of the Ministry of Justice). It is one of only five EU member states where the Ministry of Justice is solely responsible for the distribution of these services.<ref name="fra.europa.eu"/> The state also coordinates with non-profit organisations, including through the provision of financial support, in order to assist in the development of legal reforms and to better coordinate at a grassroots level.<ref name="europa.eu1">{{cite web| url=http://fra.europa.eu/sites/default/files/fra-2015-victims-crime-eu-support_en_0.pdf | title=Victims of crime in the EU: the extent and nature of support for victims | access-date=2023-12-28}}</ref> For example, one such organisation, Women in Distress, works to provide women, their children and young girls with effective protection against violence by way of refuges and information centres.<ref>{{cite web|url=http://www.justarrived.lu/en/i-am-in-luxembourg/practical-and-useful/associations-2/women-in-distress|title=Women in Distress|website=justarrived.lu}}</ref> Through this process, Luxembourg has become one of only nine EU member states to fulfil the Council of Europe's recommendation of one counselling centre per 50,000 women.<ref name="europa.eu1" /> |
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Victims of crime can report the crime to the police or directly to the public prosecutor.<ref name="europa.eu2">{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-LU-maximizeMS-en.do?clang=en&idSubpage=1&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> Reports must be submitted in one of Luxembourg's official languages: Luxembourgish, French and German. An interpreter is available |
Victims of crime can report the crime to the police or directly to the public prosecutor.<ref name="europa.eu2">{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-LU-maximizeMS-en.do?clang=en&idSubpage=1&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> Reports must be submitted in one of Luxembourg's official languages: Luxembourgish, French and German. An interpreter is available, free of charge, for people who do not speak these languages. Statutory limitation periods for reporting apply. Victims are able to be involved in the process by acting as witnesses and providing testimony, with free interpretation services and victims being entitled to be represented by lawyers. Police must undergo a mandatory course on victimology and are obligated to inform victims of their rights to receive assistance, compensation, legal aid, and information about their proceedings. If a case does not proceed to court, reasons for this outcome must be provided in order to help the victim decide whether to appeal this decision.<ref name="fra.europa.eu" /> |
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Luxembourg offers compensation for victims who have suffered physical injuries from crime. Compensation is only paid out in instances were victims were unable to obtain adequate compensation from insurance, social security or from the offender. In 2012, over 405,000 Euro was paid out in compensation, exceeding the budgeted amount of 350,000. A request for compensation has to be initiated within two years of an offence occurring and is addressed to the Ministry of justice. A commission formed by a magistrate, senior civil servant of the Minister of Justice and a lawyer will then meet within an applicant to assess if an application is successful. The maximum amount that could be awarded as of 2009 was 63.000 Euros. By way of appeal, legal action against the State can be brought before the 'tribunal d'arrondissement' of Luxembourg or Diekirch.<ref>{{cite web|url=http://www.mj.public.lu/services_citoyens/indemnisation/en_faq.html|title=Ministère de la Justice – FAQ – Compensation for victims of crime|website=www.mj.public.lu|access-date=2020-07-25|archive-date=2020-08-22|archive-url=https://web.archive.org/web/20200822052018/http://mj.public.lu/services_citoyens/indemnisation/en_faq.html|url-status=dead}}</ref> |
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(i) receive assistance from VSS; |
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(ii) compensation for damages; |
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(iii) receive legal aid (available on the fulfilment of certain conditions); and |
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(iv) to be fully informed about the status of their proceedings. If the case does not proceed to court, reasons for this outcome must be provided in order to help the victim decide whether to appeal this decision.<ref name="europa.eu" /> |
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Luxembourg has one Directive 2012/29/EU infringement case open against it.<ref name="victimsupport.eu" /> |
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==== Compensation ==== |
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In the interest of justice, Luxembourg offers compensation for victims who have suffered physical injuries from crime. Compensation is only paid out in instances were victims were unable to obtain adequate compensation from insurance, social security or from the offender. In 2012, over 405,000 Euro was paid out in compensation. This exceeded the budgeted amount of 350,000. A request for compensation has to be initiated within two years of an offence occurring and is addressed to the Ministry of justice. A commission formed by a magistrate, senior civil servant of the Minister of Justice and a lawyer will then meet within an applicant to assess if an application is successful. The maximum amount that could be awarded as of 2009 was 63.000 Euros. By way of appeal, legal action against the State can be brought before the 'tribunal d'arrondissement' of Luxembourg or Diekirch.<ref>{{cite web|url=http://www.mj.public.lu/services_citoyens/indemnisation/en_faq.html|title=Ministère de la Justice – FAQ – Compensation for victims of crime|website=www.mj.public.lu}}</ref> |
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=== Malta === |
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In 2015, former justice minister of Malta Chris Said released a report criticising the state of victims' rights in Malta, emphasising the need to increase resources provided to the legal aid office and for the office to expand provisions for victims.<ref name="timesofmalta.com">{{cite web |last=Ltd |first=Allied Newspapers |date=20 April 2015 |title=New law gives crime victims legal aid right |url=http://www.timesofmalta.com/articles/view/20150420/local/new-law-gives-crime-victims-legal-aid-right.564676}}</ref> Following the report's release, Malta introduced the Victims of Crime Act (2015) on the 2nd April of that year.<ref name="timesofmalta.com" /> The act aims to allow victims a greater voice, allowing also the possibility of reconciliation between victim and offender.<ref>{{cite web |last=Ltd |first=Allied Newspapers |date=24 March 2015 |title=Bill increasing rights of victims of crime |url=http://www.timesofmalta.com/articles/view/20150324/local/bill-increasing-rights-of-victims-of-crime.561249}}</ref> |
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Directive 2012/29/EU seeks to ensure that all victims of crime have better rights, support and protection throughout all of Europe. Member states, including Luxembourg, were required to implement the terms of the Directive into national legislation by 16 November 2015. However, almost 60% of these have failed to comply with the requirement to communicate the legislative texts which transpose the Directive to the Commission. As Luxembourg is one of these states, it now has an infringement case open against it.<ref name="victimsupport.eu" /> |
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According to Roberta Lepre, director of Victim Support Malta, the legislation focusses on expanding information, support, and protection for victims.<ref name="timesofmalta.com" /> In terms of information, victims now have the right of easy access to clear information about relevant criminal procedures, support services, free legal aid services, means of accessing compensation, and how to obtain translation services.<ref name="justiceservices.gov.mt">{{Cite web |title=Victims of Crime Act |url=http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=26766&l=1 |access-date=2019-08-27 |website=justiceservices.gov.mt}}</ref> Victims also have the right to receive acknowledgement of a complaint as well as ongoing information about the case.<ref name="justiceservices.gov.mt" /> Further, if the police do not arraign a suspect, the victim has the right to be informed of the decision in writing.<ref name="justiceservices.gov.mt" /> When it comes to support, victims have access to free support services following a needs and risk assessment.<ref name="justiceservices.gov.mt" /> Support services include counselling and information on how to prevent of further risk of victimisation.<ref name="justiceservices.gov.mt" /> Relevant authorities are also obliged to inform victims of ways through which they can be protected, such as seeking a protection order.<ref name="justiceservices.gov.mt" /> |
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==== Hotlines ==== |
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The government of Luxembourg has implemented two telephone hotlines to assist victims of crime. The first, which assists victims in general, can be reached at +352 475 821-628/627.<ref name="europa.eu2" /> The second, directed specifically at youth and children, can be reached at + 352 12345.<ref name="europa.eu2" /> Further support is available online. |
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=== Netherlands === |
=== Netherlands === |
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In 1987, a new victim-orientated reform was put in place in the Netherlands, in which victim's interests were to be taken into account during all stages of the criminal justice process, and where victims' rights were recognised in law.<ref>{{cite book|url=https://books.google.com/books?id=_c42QRbPD80C&q=netherlands+crime+victims&pg=PA37|title=Support for Crime Victims in a Comparative Perspective: A Collection of Essays Dedicated to the Memory of Prof. Frederic McClintock|first1=Ezzat A.|last1=Fattah|first2=Tony|last2=Peters|date=17 April 1998|publisher=Leuven University Press|via=Google Books|isbn=9789061869276}}</ref> Various procedural elements allow for victim compensation.<ref>{{cite web|url=http://ec.europa.eu/civiljustice/comp_crime_victim/comp_crime_victim_net_en.htm|title=European Commission - European Judicial Network - Compensation to crime victims - Netherlands|website=ec.europa.eu}}</ref> If victims of crime feel they have been unjustly treated and that victim-related rules were not correctly enforced, they can raise a complaint with the Ombudsman. For further victim support, various NGO's operate within Netherlands on a local level and care for victims of crimes through providing emotional support, practical advice and judicial advice. An example of this support is seen within the nationwide agency Slachtofferhulp is partly funded by the government and gives aid to victims in specific groups and to victims of crime in general.<ref name="books.google.it" /> |
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In practice, all official institutions are subject to monitoring by the National Ombudsman. If victims of crime feel they have been unjustly treated and victim-related rules were not correctly protected, they are able to raise a complaint with the Ombudsman. In light of this, Netherlands enforces levels of state compensation, which offers a 'one-off' payment, and has been institutionalized since 1974. |
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For further victim support, various NGO's operate within Netherlands on a local level and care for victims of crimes through providing emotional support, practical advice and judicial advice. An example of this support is seen within the nationwide agency [https://www.slachtofferhulp.nl/ Slachtofferhulp] is partly funded by the government and gives aid to victims in specific groups and to victims of crime in general.<ref name="books.google.it"/> |
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=== Poland === |
=== Poland === |
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Human rights' activists have argued that the Polish criminal justice system fails to effectively assist victims of domestic violence and does not take their cases seriously. Many perpetrators of domestic violence in Poland only receive suspended sentences, with their female partners often being financially dependent on them and having to continue living with them.<ref name="theadvocatesforhumanrights.org">{{Cite web|url=https://www.theadvocatesforhumanrights.org/uploads/poland_domestic_violence_2002_10-18-2002_2.PDF|title=The Advocates for Human Rights|website=www.theadvocatesforhumanrights.org}}</ref> In order to improve the rights of domestic violence victims in Poland, the Blue Card program was introduced as a way of standardising police interactions with individuals involved in cases of domestic violence.<ref name="Poland 2013">{{cite web|url=http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/5.%20PL.pdf|title=Assistance to Victims of Crime in Poland, 2013. (8 July 2015)|access-date=25 July 2020|archive-date=9 July 2015|archive-url=https://web.archive.org/web/20150709133018/http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/5.%20PL.pdf|url-status=dead}}</ref> This program enables victims of domestic violence to access counselling, support and compensation.<ref name="providus.lv">{{Cite web |url=http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/5.%20PL.pdf |title=Assistance to Victims of Crime in Poland, 2013. (8 July 2015) |access-date=25 July 2020 |archive-date=9 July 2015 |archive-url=https://web.archive.org/web/20150709133018/http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/5.%20PL.pdf |url-status=dead }}</ref> In 2000 the Ministry of Justice in Poland initiated a Victim Support Week, inspired by the International day of Victims of Crime.<ref name="providus.lv" /> |
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Domestic violence rates are very high in Poland, due to a number of factors.<ref name="theadvocatesforhumanrights.org">{{cite web|url=http://www.theadvocatesforhumanrights.org/uploads/poland_domestic_violence_2002_10-18-2002_2.PDF|title= Domestic Violence in Poland, July 2002. (8 July 2015)|publisher=}}</ref> |
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After surveying Polish women, it was found that as many as one in six women, from a variety of backgrounds and age groups, were victims of domestic violence.<ref name="theadvocatesforhumanrights.org" /> The Polish criminal justice system fails to effectively assist these victims and does not take their cases seriously. Unfortunately many perpetrators only receive suspended sentences and their female partners are often financially dependent on them and must continue to live with them.<ref name="theadvocatesforhumanrights.org" /> Furthermore, the authorities mistrust women who report domestic violence.<ref name="theadvocatesforhumanrights.org" /> Poland fails to meet its obligations under international human rights law, in relation to the rights of domestic violence victims.<ref name="theadvocatesforhumanrights.org" /> |
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In 2012, a Ministry of Justice directive increased support structures for victims. Victims are now entitled to certain costs of healthcare services, medical products, secondary or vocational education, temporary accommodation, among other facilities. Nonetheless, some have pointed out that the implementation of the program remains uneven and under-supported.<ref name="Poland 2013" /> |
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In order to improve the rights of domestic violence victims in Poland, the Blue Card program was introduced as a way of standardising police interaction with those that involved in cases of domestic violence, including the family of the victim.<ref name="Poland 2013">{{cite web|url=http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/5.%20PL.pdf|title= Assistance to Victims of Crime in Poland, 2013. (8 July 2015)|publisher=}}</ref> This program enables persons who have alleged to be victims of domestic violence (DV) to gain access to services in counseling, support and reparations.<ref name="providus.lv">[http://providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/5.%20PL.pdf Assistance to Victims of Crime in Poland, 2013. (8 July 2015)]</ref> Anonymous or suspicion of DV is enough for issuance of a "Blue Card – B". A Blue Card – B consists of a brochure detailing further actions against violence, help and support centre's near by, and is applicable to the whole of Poland.<ref name="providus.lv" /> The efficiency of support centres indicates a positive increase in individuals attending victim support centre's, it however does not indicate a decrease in DV occurrence. In 2000 the Ministry of Justice in Poland sparked the notion of "Victim Support Week", connected to the International day of Victims of Crime<ref name="providus.lv" /> These proactive measures are not legally regulated however do show promise in moving the Polish Nation forward to support those effected by domestic violence. |
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General victim support centres have extended ranges since 2012 following the implementation of tasks in article 11 of the Ministry of justice Directive.<ref name="Poland 2013"/> Such implementation includes covering costs of heath services, medical products, secondary or vocational education, temporary accommodation and other facilities.<ref name="Poland 2013"/> Weak aspects still include; uneven support on a national basis in provinces that are further reaching, non-uniform project development and insufficient numbers for providing assistance, both legally and psychologically.<ref name="Poland 2013"/> Strong aspects however must be acknowledged, including the establishment of networks with communicative and mutual support, as well as assistance fund establishments and legal compensation.<ref name="Poland 2013"/> Social attitudes need to be changed in Poland, towards victims of domestic violence and the criminal justice system needs to recognise the prevalence of domestic violence, in order to hinder its occurrence and assist victims. |
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=== Portugal === |
=== Portugal === |
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In Portugal, all victims of crime have six immediate rights: information, receipt of the statement complaint, translation, compensation for participation in the process and reimbursement of expenses, compensation from the perpetrator of the crime, and compensation from state.<ref>{{cite web|url=http://apav.pt/mihy/index.php/know-your-rights|title=APAV - May I Help You|last=Francisco|website=apav.pt}}</ref> During legal proceedings, a victim in Portugal can assume two roles: as an assistant, where they cooperate with the public prosecutor in the proceedings,<ref>{{cite web|url=http://www.infovitimas.pt/pt_en/004_quem/paginas/004_005.html|title=Victim|website=infovitimas.pt|access-date=2020-12-13|archive-date=2016-08-08|archive-url=https://web.archive.org/web/20160808055158/http://www.infovitimas.pt/pt_en/004_quem/paginas/004_005.html|url-status=dead}}</ref> or as a civil party, where they act only to provide evidence to support a claim for damages.<ref>{{cite web|url=http://ec.europa.eu/civiljustice/comp_crime_victim/comp_crime_victim_por_en.htm|title=European Commission - European Judicial Network - Compensation to crime victims - Portugal|website=ec.europa.eu}}</ref> The Portuguese Government offers several avenues of help and support for victims of crime, including the National Commission for Protection of Children and Young People at Risk, Directorate General of Social Affairs, Portuguese Association for Victim Support, Commission for Equality and Against Racial Discrimination, and Open Window.<ref>{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-PT-maximizeMS-en.do?clang=en&idSubpage=5&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> |
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In Portugal, victims of crime (both tourists and national citizens) have 6 immediate rights; The Right to Information, The Right to Receive a Statement of the Complaint, The Right to Translation, The Right to Compensation for Participation in the Process and to the Reimbursement of Expenses, The Right to Compensation from the Perpetrator of the Crime, and The Right to Compensation from the Portuguese State.<ref>{{cite web|url=http://apav.pt/mihy/index.php/know-your-rights|title=APAV - May I Help You|last=Francisco|website=apav.pt}}</ref> |
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=== Romania === |
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A 'victim of crime' is defined as; having "suffered damage, as a result of an incident which constitutes a crime according to national law".<ref>{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-pt-en.do?member=1|title=European e-Justice Portal - Victims of crime|website=e-justice.europa.eu}}</ref> During legal proceedings, a victim in Portugal has a limited role, where they act only to provide evidence to support the claim for damages<ref>{{cite web|url=http://ec.europa.eu/civiljustice/comp_crime_victim/comp_crime_victim_por_en.htm|title=European Commission - European Judicial Network - Compensation to crime victims - Portugal|website=ec.europa.eu}}</ref> |
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Counselling is provided to victims of attempted homicide, murder, assault and other violent criminal offences. Counselling is provided free of charge for up to 3 months for adults, and 6 months for victims under 18.<ref name="Romania, 2006, p.1">Ministry of Justice of Romania, '27th Conference of European Ministers of Justice. Victims: Place, Rights and Assistance', Yerevan, 2006, p.1</ref> Upon application, free legal aid is provided to several categories of victims. Discretionary factors in providing aid include the seriousness of the offence committed and material needs of the victim.<ref name="Romania, 2006, p.1" /> Prior to the commencement of Law 211/2004, when a perpetrator of a crime remained unknown, insolvent, or was missing, the victim received no compensation. Currently, upon application, a victim may be granted financial compensation for serious violent and sexual crimes.<ref>Ministry of Justice of Romania, '27th Conference of European Ministers of Justice. Victims: Place, Rights and Assistance', Yerevan, 2006, p.3</ref> |
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The birth of the [[National Agency for Family Protection]] has increased support for victims of domestic violence, assisting in the setting up of shelters for victims of domestic violence, recuperation centers for victims of violence, and assistance centers for aggressors.<ref>Ministry of Justice of Romania, '27th Conference of European Ministers of Justice. Victims: Place, Rights and Assistance', Yerevan, 2006, p.4</ref> |
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The Portuguese Government offers several avenues of help and support for victims of crime such as; the National Commission for Protection of Children and Young People at Risk, Directorate General of Social Affairs, The Portuguese Association for Victim Support, the Commission for Equality and Against Racial Discrimination, and Open Window – Support to Victims of Domestic Violence.<ref>{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-PT-maximizeMS-en.do?clang=en&idSubpage=5&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> |
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=== Slovakia === |
=== Slovakia === |
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Slovakia is a nation where various targeted groups, particularly young women |
Slovakia is a nation where various targeted groups, particularly young women and men, the disabled, the uneducated and the unemployed, are susceptible to fabricated international job prospects which are in actuality human trafficking schemes.<ref name="endslavery.va">{{cite web|url=http://www.endslavery.va/content/endslavery/en/publications/youth_symposium_2014/slovakia.html|title=Human Trafficking in Slovakia}}</ref> Many Slovakian's end up being transported to highly active trafficking countries such as, Germany, Austria, the UK, Ireland, Switzerland and Poland.<ref name="endslavery.va" /> Slovakia also houses many trafficked victims from Bulgaria, Romania, Vietnam, Ukraine and Moldova.<ref name="endslavery.va" /> The 2011 National Program to Combat Trafficking in Human Beings for the years 2011–2014 placed some emphasis on ensuring adequate support and care for subjected victims, including victims receiving comprehensive care and preparation for their return to their home country.<ref name="ec.europa.eu">{{cite web |title=Together Against Trafficking in Human Beings - European Commission |url=https://ec.europa.eu/anti-trafficking/content/nip/slovakia_en |url-status=dead |archive-url=https://web.archive.org/web/20180207063029/https://ec.europa.eu/anti-trafficking/content/nip/slovakia_en |archive-date=2018-02-07 |access-date=2018-12-20 |website=Together Against Trafficking in Human Beings}}</ref> |
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The Government of the Slovak Republic undertook numerous steps to tackle the fight against human trafficking. In 2005 an Action Plan was initiated to undertake steps to 'control and coordinate' the activity of the slave trade.<ref name="ec.europa.eu">{{cite web|url=https://ec.europa.eu/anti-trafficking/content/nip/slovakia_en|title=Together Against Trafficking in Human Beings - European Commission|website=Together Against Trafficking in Human Beings|access-date=2018-12-20|archive-url=https://web.archive.org/web/20180207063029/https://ec.europa.eu/anti-trafficking/content/nip/slovakia_en|archive-date=2018-02-07|url-status=dead}}</ref> This Action was further improved with the implementation of the 2011 ''''National Program to Combat Trafficking in Human Beings for the years 2011–2014''''.<ref name="ec.europa.eu" /> Improvements regarded achieving an effective solution to combat human trafficking.<ref name="ec.europa.eu" /> Additionally, emphasis surrounded ensuring adequate support and care for subjected victims.<ref name="ec.europa.eu" /> This includes victims receiving 'comprehensive care' and prepare them for their return to their home country.<ref name="ec.europa.eu" /> |
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=== Slovenia === |
=== Slovenia === |
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Slovenia regulates the rights of victims of crime under the Criminal Procedure Act, the Witness Protection Act, the Crime Victims Compensation Act, and the Resolution for Preventing and Combating Crime. Victims in Slovenia are entitled to be heard during proceedings, give evidence, pose questions to witnesses and experts involved, be acquainted with their rights, inspect material evidence supplied, and receive assistance from a translator. In certain criminal offences, such as sexual abuse, child neglect, and human trafficking, the injured party is required to have a specific authority to look after their rights, and certain stipulations apply to the investigation procedures, such as preventing the offender from being in the courtroom at the same time as the victim during proceedings.<ref name="coe.int">{{Citation |
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Slovenia currently has a very low crime rate (30.75 and 7.32 rapes per million people, as of 2010).<ref>{{Citation |
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| url = http://www.nationmaster.com/country-info/profiles/Slovenia/Crime/Violent-crime#rank |
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| title = Slovenia Violent Crime Stats |
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| work = Nation Master |
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| publisher = Nation Master |
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| accessdate = July 8, 2015 |
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| ref = none |
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| archive-url = https://web.archive.org/web/20150711070340/http://www.nationmaster.com/country-info/profiles/Slovenia/Crime/Violent-crime#rank |
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| archive-date = July 11, 2015 |
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| url-status = dead |
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}}</ref> |
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Slovenia has regulated the rights of victims of crime during legal proceedings in the Criminal Procedure Act. Before this act was introduced, victims of crime were still entitled to compensation under civil law. |
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In 2005, the Witness Protection Act, the Crime Victims Compensation Act, and the Resolution for Preventing and Combating Crime came into effect. The Resolution focuses particularly on protecting human rights and fundamental freedoms, in terms of victims of crime. Slovenia's definition of victims includes immediate families of the injured party. |
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Victims are entitled to: |
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Be heard during proceedings, to give evidence, to pose questions to witnesses and experts involved, to be acquainted with all rights and for the injured party, a right to inspect material evidence supplied. They are also entitled to a translator to avoid language difficulties. Slovene is the national language, but Italian and Hungarian are also spoken in certain regions of Slovenia. |
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To claim compensation either through the criminal proceedings, or through civil suit if necessary to avoid delays. |
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In certain criminal offences, such as sexual abuse or mistreatment and neglect of minors or trafficking in human beings, the minor-injured party is required to have a specific authority to look after their rights, and certain stipulations apply to the investigation procedures, such as preventing the offender from being in the courtroom at the same time as the minor-offender during the proceedings.<ref name="coe.int">{{Citation |
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|url = http://www.coe.int/t/dghl/standardsetting/.../MJU-27(2006)6E-Slovenia.pdf |
|url = http://www.coe.int/t/dghl/standardsetting/.../MJU-27(2006)6E-Slovenia.pdf |
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|title = Victims: Place, Rights and Assistance |
|title = Victims: Place, Rights and Assistance |
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|publisher = 27th Conference, European Ministers of Justice |
|publisher = 27th Conference, European Ministers of Justice |
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| |
|access-date = July 7, 2015 |
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|quote = Report by Slovenia, 2006 |
|quote = Report by Slovenia, 2006 |
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|ref = none |
|ref = none |
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}}{{Dead link|date=August 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> |
}}{{Dead link|date=August 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> |
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If during criminal proceedings, the physical safety of the victim and their immediate families is at risk, they are entitled to protection. The Endangered Persons Protection Unit specifically oversees the protection of witnesses under the Witness Protection Act. The unit also engages with non-governmental organizations to provide psychological and legal assistance to protected persons. The unit also provides for alternate measures during proceedings, for example providing evidence via video conference.<ref name="coe.int" /> |
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Witness protection: |
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If during criminal proceedings, the physical safety of the victim and/or their immediate families is in danger, they are entitled to the greatest amount of protection possible in pre-trial, during and after the procedure is completed. Within the Slovenian Police, the Endangered Persons Protection Unit specifically oversees the protection of witnesses under the Witness Protection Act. The Unit is also encouraged to engage with non-governmental organizations if necessary in order to provide appropriate psychological and legal assistance to the protected persons, separate from other forms of compensation they may receive. The Unit also allows for alternate measures during proceedings, for example providing evidence via video conference. These are set out in the Official Gazette of the Republic of Slovenia, as is the Code of Obligation which specifically concerns the rights of victims of terrorist violence in Slovenia.<ref name="coe.int" /> |
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Code of Obligation regarding victims of terrorist violence: |
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If terrorist violence occurs, the Code of Obligation states that the state, or the person who should have prevented the harm (depending on whether there was a statewide or individual failure), is responsible for redressing the harms to the victims, and liable for damages. Liability will still apply regardless of whether the person or state who should have prevented the violence, did everything they could to prevent it. These rules also apply to acts of violence that occur during public demonstrations or gatherings.<ref name="coe.int" /> |
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For victims of crime in Slovenia, there are several websites dedicated to assisting victims understand the process for receiving compensation such as the European Judicial Network (soon to updated to the European e-Justice Portal). Here the process is clearly outlined including conditions for applying for compensation, legal assistance available and the form and amount of evidence required.<ref>{{cite web|url=http://ec.europa.eu/civiljustice/comp_crime_victim/comp_crime_victim_sln_en.htm|title=European Commission - European Judicial Network - Compensation to crime victims - Slovenia|website=ec.europa.eu}}</ref> Of particular concern to Slovenia's government is the protection of women's rights.<ref>{{cite web|url=http://www.stopvaw.org/slovenia|title=Slovenia|website=www.stopvaw.org|access-date=2015-07-08|archive-url=https://web.archive.org/web/20150709175815/http://www.stopvaw.org/slovenia|archive-date=2015-07-09|url-status=dead}}</ref> In place to protect women's right under Slovenian Law are Article 14 of the Constitution of Slovenia which, "guarantees everyone equal human rights and fundamental freedoms" and "equality before the law" as well as article 53 which states, "marriage is based on the equality of both spouses" and "the state shall protect the family",<ref name="404 Error Page not found">{{cite web|url=http://www.vlada.si/koristno/ostalo/|title=404 Error Page not found|publisher=}}{{Dead link|date=September 2019 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> article 141 of the Criminal Code "Violation of Right to Equality",<ref name="404 Error Page not found"/> as well as the 2002 Act on Equal Opportunities for Women and Men which imposes punishments on all people, especially an official who can be imprisoned for up to three years for discrimination. The Slovenian government has also established an Office for Equal Opportunities to manage Acts related to equal opportunities and engage in activities which focus on areas such as the inclusion of women political and violence against women.<ref>{{cite web|url=https://www.un.org/womenwatch|title=WomenWatch: UN Information and Resources on Gender Equality and Empowerment of Women|website=www.un.org}}</ref> |
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=== Spain === |
=== Spain === |
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Victims of crime in Spain have a number of avenues available to them to seek legal compensation or aid for the damages they have suffered.<ref name="europa.eu3">{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-es-en.do?member=1|title=European e-Justice Portal – Victims of crime|website=e-justice.europa.eu}}</ref> The Ministry of Justice<ref>{{Cite web|url=https://www.mjusticia.gob.es/cs/Satellite/Portal/es/inicio|title=Ministerio de Justicia|website=www.mjusticia.gob.es|language=es|access-date=2019-08-27}}</ref> is the state body who is in charge of awarding compensation to victims. It also is responsible for state legal aid, and has a separate department for protection of victims of terrorism-related crimes.<ref name="europa.eu4">{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-ES-maximizeMS-en.do?clang=en&idSubpage=4&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> |
Victims of crime in Spain have a number of avenues available to them to seek legal compensation or aid for the damages they have suffered.<ref name="europa.eu3">{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-es-en.do?member=1|title=European e-Justice Portal – Victims of crime|website=e-justice.europa.eu}}</ref> The Ministry of Justice<ref>{{Cite web|url=https://www.mjusticia.gob.es/cs/Satellite/Portal/es/inicio|title=Ministerio de Justicia|website=www.mjusticia.gob.es|language=es|access-date=2019-08-27|archive-date=2021-02-11|archive-url=https://web.archive.org/web/20210211154922/https://www.mjusticia.gob.es/cs/Satellite/Portal/es/inicio|url-status=dead}}</ref> is the state body who is in charge of awarding compensation to victims. It also is responsible for state legal aid, and has a separate department for protection of victims of terrorism-related crimes.<ref name="europa.eu4">{{cite web|url=https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-ES-maximizeMS-en.do?clang=en&idSubpage=4&member=1|title=European e-Justice Portal|website=e-justice.europa.eu}}</ref> Beyond the Ministry of Justice, other organisations provide aids to victims, such as the Office of Crime Victims Assistance Barcelona, the Association of Terrorism Victims, the 11-M Association of Victims of Terrorism and the National Association of Victims of Violent Crime.<ref name="europa.eu4" /> In a criminal trial in Spain, the victim can choose to participate in the trial either as a witness or as a 'private prosecutor' ('acusación particular') which grants them additional rights and responsibilities, making them an official party to the trial.<ref name="europa.eu3" /> In exceptional circumstances, a victim may claim emergency compensation before the conclusion of the trial, owing to their financial situation, at the discretion of a relevant authority.<ref name="ncjrs.gov1">{{cite web |title=Victim Compensation Programs: Spain |url=https://www.ncjrs.gov/ovc_archives/reports/intdir2005/spain.html |url-status=dead |archive-url=https://web.archive.org/web/20170525231037/https://www.ncjrs.gov/ovc_archives/reports/intdir2005/spain.html |archive-date=2017-05-25 |access-date=2016-07-13 |website=www.ncjrs.gov}}</ref> |
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Beyond the Ministry of Justice, there are organisations such as the Office of Crime Victims Assistance Barcelona, the Association of Terrorism Victims, the 11-M Association of Victims of Terrorism and the National Association of Victims of Violent Crime (which provides psychological assistance and specialises in aiding victims of domestic violence). These associations are all able to assist with legal aid and providing general information to people affected by crime about their rights.<ref name="europa.eu4" /> |
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If you are a foreign citizen who is a victim of crime in Spain, you should contact your country's embassy or consulate as soon as possible. |
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==== Legal process ==== |
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In a criminal trial in Spain, the victim can choose to participate in the trial either as a witness, or as a 'private prosecutor' ('acusación particular') which grants them additional rights and responsibilities, and makes them an official party to the trial.<ref name="europa.eu3" /> |
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If you wish to claim compensation in Spain, you must submit an application form to the Ministry of Finance, and a separate 'petition for assistance' must be filed with the Ministry of Economy and Finance. There will then be a hearing, and the state attorney will submit a report for consideration. During the hearing, the victim must prove they were legally in Spain at the time of the crime.<ref name="ncjrs.gov1">{{cite web|url=https://www.ncjrs.gov/ovc_archives/reports/intdir2005/spain.html|title=Victim Compensation Programs: Spain|website=www.ncjrs.gov|access-date=2016-07-13|archive-url=https://web.archive.org/web/20170525231037/https://www.ncjrs.gov/ovc_archives/reports/intdir2005/spain.html|archive-date=2017-05-25|url-status=dead}}</ref> |
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If you are a foreign citizen and you wish to apply for compensation, then you must provide evidence during the hearing of situations where your home country has provided compensation similarly for Spanish citizens – this is referred to as 'proof of reciprocity'.<ref name="ncjrs.gov1" /> |
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==== Compensation ==== |
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Compensation will only be awarded after the criminal trial is concluded and the offender is found guilty. In exceptional circumstances, a victim or the family members of a victim may claim emergency compensation before the conclusion of the trial, if their 'precarious' situation can be validated by the relevant authority.<ref name="ncjrs.gov1" /> |
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Spanish law does not provide a maximum amount of compensation that can be awarded, but determines a maximum amount for the individual based on different factors. The amount of compensation a victim or their beneficiaries is entitled to is determined based on the minimum monthly salary of the victim, and the negative mental and physical effects the victim suffers as a direct result of the crime. The financial situation of the victim, the number of people dependant on the victim, and the cost of therapy and psychological healthcare are all considered when deciding how much compensation is awarded.<ref name="ncjrs.gov1" /> |
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Compensation can be awarded to cover medical expenses, mental health expenses, lost wages for disabled victims, lost wages for dependants of homicide victims, and funeral and burial expenses. The compensation amount is paid by the offender, and if they are unable to pay then the Spanish government will cover the amount – however if the victim's losses are covered by insurance (i.e. in circumstances of theft) then they are not eligible for compensation.<ref name="ncjrs.gov1" /> |
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==== Directive on victims' rights ==== |
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According to the European directive on victims' rights, Spain is showing compliance with the directives. However, information for victims of crime for citizens and non citizens can be quite strenuous to find due to specialised websites for each organisation. In comparison, the UK have implemented one simple to use website for victims of crime which makes information for victims rights far more accessible.<ref>{{cite web|url=https://www.victimsupportsco.org.uk|title=Victim Support Scotland – Home|website=Victim Support Scotland}}</ref> A similar system could better help victims of crime in Spain with creating awareness of their rights. |
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=== Sweden === |
=== Sweden === |
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Various laws |
Various laws protecting victims' rights were enacted from the mid-1980s onward in Sweden. In 1988, Sweden ratified the European Convention on the Compensation of Victims of Violent Crimes and passed the Act on Visiting Bans Act on Counsel for Injured Party in 1988. Nowadays, crime victims may be represented by a legal advisor throughout the legal process under the provisions of the latter Act. The Crime Victim Fund, established together with the Crime Victim Compensation and Support Authority, allows the provision of state compensation and of economic support for research, education and support on crime victims.<ref name="Routledge">{{cite book |last1=Van Dijik |first1=Jan |title=Handbook of Victims and Victimology |last2=Groenhuijsen |first2=Marc |date=2007-10-01 |publisher=Routledge |isbn=978-1-84392-257-5 |editor1-last=Walklate |editor1-first=Sandra |location=London}}</ref> |
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Crime victims became |
Crime victims became its own category of responsibility for Swedish social services in 2001 through the Social Service Act. Despite not actually strengthening crime victims' rights in law, it served as a normative reorientation of the Social Services Act towards crime victims.<ref name="su.diva-portal.org">{{cite journal |last1=Ljungwald |first1=Carina |title=The Emergence of the Crime Victim in the Swedish Social Services Act |url=http://su.diva-portal.org/smash/get/diva2:406201/FULLTEXT01 |url-status=dead |journal=Stockholm Studies in Social Work |volume=28 |archive-url=https://web.archive.org/web/20150709062402/http://su.diva-portal.org/smash/get/diva2:406201/FULLTEXT01 |archive-date=2015-07-09 |access-date=2015-07-08}}</ref> Swedish multiplicities are obliged to offer mediation, based on restorative justice principles, to offenders under 21 years old, with the aim of reducing cases of recidivism. Mediation is one of several procedural operations available to a prosecutor, and mediation may be issued as a lenient sentence for an offender. Some have criticised the mediative approach, arguing that mediation may further violate a victim's integrity and well-being.<ref name="ReferenceC">{{cite journal |last1=Jacobsson |first1=Maritha |last2=Wahlin |first2=Lottie |last3=Andersson |first3=Tommy |date=2012 |title=Victimoffender mediation in Sweden: Is the victim better off? |journal=International Review of Victimology |volume=18 |issue=3 |pages=229–249 |doi=10.1177/0269758012446985 |s2cid=146551513}}</ref> |
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== Non-EU European nations == |
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==== Victim–offender mediation ==== |
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Swedish multiplicities are obliged to offer mediation, based on restorative justice principles, to offenders under 21 years old.<ref name="ReferenceC">{{cite journal|last1=Jacobsson|first1=Maritha|last2=Wahlin|first2=Lottie|last3=Andersson|first3=Tommy|title=Victimoffender mediation in Sweden: Is the victim better off?|journal=International Review of Victimology|date=2012|volume=18|issue=3|pages=229–249|doi=10.1177/0269758012446985|s2cid=146551513}}</ref> Simultaneously, offenders are offered the chance to deeply apologise for their actions and redeem themselves. The expectation is that mediation has the potential to substantially reduce cases of recidivism.<ref name="ReferenceC" /> |
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The mediation system in Sweden evolved independently from any political decision-making procedure in the second half of the 1980s.<ref name="ReferenceC" /> In 1998, the role of mediation in the justice system for young offenders was analysed by the Commission on Mediation which then founded their policy recommendations for legislative reforms on these evaluation studies in 2000.<ref name="ReferenceC" /> Mediation was formally acknowledged in 2002 by the Mediation Act (Swedish Code of Statutes, 2002:445), where the aim of mediation is explained in Section 3 as: |
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''Mediation happens for the interests of both sides. The goal is to reduce the negative effects of the crime committed. Mediation aims to help to increase insight for the offender of the consequences of the offence. At the same time, opportunities are given to the victims to process and finally in a comprehensive way integrate the painful experience. |
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The act offers the chance for victims to express their emotional needs and have them addressed in an attempt to prevent recurrent symptoms of anxiety, self-image distortions and loss of self-esteem and self-confidence as the result of being victimised.''<ref name="ReferenceC" /> |
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Mediation is one of several procedural operations available to a prosecutor, and sentencing an offender to mediation may be seen as a lenient sentence where the offender benefits.<ref name="ReferenceC" /> Another criticism is that mediation will further violate the victim's integrity and well-being.<ref name="ReferenceC" /> |
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=== Romania === |
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==== Human trafficking ==== |
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Human trafficking in Romania is a prominent issue. The country is used as a 'source, transit and destination country for men, women and children subject to labor trafficking and women and children subject to sex trafficking',<ref>United States Embassy, "Trafficking Persons Report", United States, 2013</ref> meaning that various victims in different stages of trafficking are either poached from, exploited or transferred to Romanian soil. Promisingly, the numbers have been to decreasing in recent years ( in 2005 there were 2551 recorded victims of human trafficking, in 2009 there were 780)<ref name="unipd-centrodirittiumani.it">{{cite web|url=http://unipd-centrodirittiumani.it/public/docs/ROMANIA_Chihaia.pdf|archive-url=https://web.archive.org/web/20150709031516/http://unipd-centrodirittiumani.it/public/docs/ROMANIA_Chihaia.pdf|url-status=live|archive-date=2015-07-09|title=Ministry of Administration and Interior General Inspectorate of Romanian Police, "Romania – The experience of the national agency against trafficking in persons", 2009}}</ref> perhaps due to mechanisms such as the National Agency for Preventing Trafficking in Persons and for monitoring the Assistance Granted to Victims of Trafficking in Persons Agency, legal implementations such as Law 678/2001 (combating trafficking in persons); G.D 299/2003 (standard rules for application of Law 678); law 211/2004 (protection of victims) and G.D 1654/2006 to approve the National Strategy against Trafficking to approve the National Strategy against Trafficking in Persons in persons 2006–2010).<ref name="unipd-centrodirittiumani.it" /> Romania also prescribed to international legal mechanisms such as the UN Convention against Transnational Organized Crime and Council of Europe Convention on Action against trafficking Human Beings, showing that is making a conscious effort to eradicate human trafficking within the state. These mechanisms show that Romania is taking active steps towards ensuring that all individuals can live a life free from exploitation. |
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==== Violent crimes ==== |
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Between the years of 2004–2011, 800 people were killed as a result of crimes involving domestic violence<ref>http://www.mmuncii.ro/pub/imagemanager/images/file/Proiecte%20legislative/2012-09-20_Anexa1_strategie%20violenta%20sept%202012.pdf</ref> |
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Psychological counselling is provided to victims of attempted homicide, murder, hitting and other violent criminal offences. Counselling is provided free of charge for up to 3 months, and 6 months for victims under the age of 18. Other forms of assistance by not governmental organisations, independent or in partnership, can also be provided by way of referral.<ref name="Romania, 2006, p.1">Ministry of Justice of Romania, '27th Conference of European Ministers of Justice. Victims: Place, Rights and Assistance', Yerevan, 2006, p.1</ref> |
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Upon application, free legal aid is provided to several categories of victims. Factors taken into account include the seriousness of the offence committed and material status of the victim. Direct victims of serious violent or sexual offences (e.g., homicide, serious bodily harm, rape, sexual perversion committed upon a minor) are provided with free legal aid. Additionally, indirect victims of such offences, such as close family members, may also be granted free legal aid. For any of the above offences, free legal aid is granted if the offence was committed within Romanian territory, or if the victim is a Romanian citizen or foreign citizen living legally in Romania and the criminal prosecution is taking place within Romania.<ref name="Romania, 2006, p.1" /> |
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Prior to the commencement of Law 211/2004, when a perpetrator of a crime remained unknown, insolvent, or was missing, the "costs" of the offence were incurred by the victim alone. Currently, upon application, a victim may be granted financial compensation for serious violent and sexual crimes.<ref>Ministry of Justice of Romania, '27th Conference of European Ministers of Justice. Victims: Place, Rights and Assistance', Yerevan, 2006, p.3</ref> |
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The birth of the [[National Agency for Family Protection]] ([[NAFP]]) has increased support for victims of domestic violence. The agency has assisted in the setting up of shelters for victims of domestic violence, recuperation centers for victims of violence and assistance centers for aggressors.<ref>Ministry of Justice of Romania, '27th Conference of European Ministers of Justice. Victims: Place, Rights and Assistance', Yerevan, 2006, p.4</ref> |
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=== United Kingdom === |
=== United Kingdom === |
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In 1974, the charity Victim Support was set up in Bristol, aimed at providing help and support to victims of crime on a local and national level.<ref>{{cite web|url=https://www.victimsupport.org.uk/ |
In 1974, the charity Victim Support was set up in Bristol, aimed at providing help and support to victims of crime on a local and national level.<ref>{{cite web |title=Victim Support |url=https://www.victimsupport.org.uk/ |website=www.victimsupport.org.uk}}</ref> Trained volunteers and employees offer free, confidential, practical and emotional support to people affected by crime in England and Wales. The charity offers support to around one million victims of crime per year. People may seek practical or emotional help, for example, making their home secure after a burglary, applying for compensation from the Criminal Injuries Compensation Authority, getting re-housed, or asking for counselling through a GP.<ref>{{cite news |date=28 August 2014 |title=Who can child abuse victims turn to? |work=BBC News |url=https://www.bbc.co.uk/news/uk-28965216}}</ref> |
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Victim Support also provides specialist services, such as: a national "homicide service", helping families who have been bereaved by murder or manslaughter, local services helping victims of domestic or sexual violence, exploitation, anti-social behaviour, or hate crime, local services for young victims of crime, including specialist support for children who have to testify in court and for recent victims of grooming, and using restorative justice to help victims. |
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In Scotland and Northern Ireland, similar services are provided by the charities Victim Support Scotland and Victim Support NI. |
In Scotland and Northern Ireland, similar services are provided by the charities Victim Support Scotland and Victim Support NI. |
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== UN declaration == |
== UN declaration == |
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In 1985, the United Nations adopted the ''Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power'',<ref>{{cite web|url=https://www.un.org/documents/ga/res/40/a40r034.htm |title=A/RES/40/34. Declaration of basic principles of justice for victims of crime and abuse of power |publisher=Un.org |date=1985-11-29 | |
In 1985, the United Nations adopted the ''Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power'',<ref>{{cite web|url=https://www.un.org/documents/ga/res/40/a40r034.htm |title=A/RES/40/34. Declaration of basic principles of justice for victims of crime and abuse of power |publisher=Un.org |date=1985-11-29 |access-date=2014-01-02}}</ref> which outlines international best practices for treatment of crime victims. The report recognizes an offender's obligation to make fair restitution to his or her victim, acknowledges that victims are entitled to fair treatment and access to the mechanisms of justice, and generally draws attention to the need for victims' rights in the criminal justice process.<ref>{{cite web|author=National Crime Victim Law Institute (NCVLI) |url=http://law.lclark.edu/live/news/13337-this-month-in-rights-victims-rights-are-human |title=This Month in Rights: Victims' Rights are Human Rights: News |publisher=Law.lclark.edu |date=2011-09-23 |access-date=2014-01-02}}</ref> |
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Other United Nations provisions that touch on victims' rights include The [[International Covenant on Civil and Political Rights]] (ICCPR); the Convention on the Elimination of Discrimination of Women (CEDAW);<ref>{{cite web|url=https://www.un.org/womenwatch/daw/cedaw/ |title=Convention on the Elimination of All Forms of Discrimination against Women |publisher=Un.org |access-date=2014-01-02}}</ref> and the Convention on the Rights of the Child (CRC).<ref>{{cite web |url=http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en |title=UNTC |publisher=Treaties.un.org |access-date=2014-01-02 |archive-date=2014-02-11 |archive-url=https://web.archive.org/web/20140211151110/http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en |url-status=dead }}</ref> The ICCPR has been [[International Covenant on Civil and Political Rights|ratified by 172 nations]], including the United States, Canada, Russia, and France. It includes the following provisions related to victims' rights:<ref name="mixed_results">{{cite book |title=Mixed Results: US Policy and International Standards on the Rights and Interests of Victims of Crime |url= https://www.hrw.org/sites/default/files/reports/us0908webwcover.pdf |access-date=19 April 2013 |year=2008 |publisher=Human Rights Watch |isbn=978-1-56432-373-6 }}</ref> |
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* Rights to be protected from harm, which impose obligations on governments to have effective criminal justice systems (Article 6.1, Article 7, and Article 17) |
* Rights to be protected from harm, which impose obligations on governments to have effective criminal justice systems (Article 6.1, Article 7, and Article 17) |
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Line 463: | Line 247: | ||
* Rights to a remedy and to access to justice (Articles 2 and 14) |
* Rights to a remedy and to access to justice (Articles 2 and 14) |
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* Due process rights (Articles 9, 10, 14, and 15) |
* Due process rights (Articles 9, 10, 14, and 15) |
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In 2008, Human Rights Watch published an analysis comparing United States victims' rights laws to international Human Rights Standards. This report, titled "Mixed Results: U.S. Policy and International Standards on the Rights and Interests of Crime," found that "while U.S. Jurisdictions, both federal and state, have made significant progress in recent decades, much more can be done to ensure that victims' rights and legitimate interests are upheld."<ref name=mixed_results/> The report states that the U.S. should use the UN's ''Basic Principles'' as a guide to inform their laws and policies. In addition, it recommends that the U.S. adopt policies that: (1) Remove arbitrary limits on the definition of "victim" in state and federal laws; (2) Expand access to victim services and compensation; and (3) "Maintain and enforce standards for the collection and preservation of evidence, particularly rape kit evidence."<ref name=mixed_results/> The report also recommends U.S. ratification of the CEDAW and CRC.<ref name=mixed_results/> |
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==Criticisms of the victim-inclusion approach== |
==Criticisms of the victim-inclusion approach== |
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Some academics have argued that the recognition of victims' rights directly undermines defendant's rights, since designating the accuser as a "victim" presupposes that the alleged crime actually occurred, even before it is established to be in a court of law.<ref>{{cite web|url=http://defensewiki.ibj.org/index.php/Rights_of_the_Accused |title=Rights of the Accused - Criminal Defense Wiki |publisher=Defensewiki.ibj.org |date=2012-10-04 |access-date=2014-01-02}}</ref> Others have criticised victims' rights for impinging on [[Enforcement discretion|prosecutorial discretion]].<ref>{{cite journal|last1=Goldstein|first1=Abraham S.|title=The Victim and Prosecutorial Discretion: The Federal Victim and Witness Protection Act of 1982|journal=Law and Contemporary Problems|date=Autumn 1984|volume=47|issue=4|pages=225–248|doi=10.2307/1191691|jstor=1191691|url=https://scholarship.law.duke.edu/lcp/vol47/iss4/8}}</ref> Victims' rights have also been criticised for shifting the focus in criminal proceedings on vengeance and personal emotion.<ref name="kanwar">{{cite journal|last=Kanwar|first=Vik|title=Capital Punishment as 'Closure': Limits of a Victim-Centered Jurisprudence|journal=New York University Review of Law and Social Change|date=2001–2002|url=https://www.researchgate.net/publication/228188957|volume=27}}</ref> In connection with the last of these criticisms, it has been noted that victims seeking "closure" may promote outcomes as diverse as retribution, on one hand, and forgiveness on the other, and the legal system is inadequate to providing therapeutic satisfaction in either case.<ref name="kanwar" /> |
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Proponents of victims' rights respond by noting that victims' rights of privacy, protection and participation are civil rights that ensure that individual harm is among the harms recognized by the system, and that such rights afford a voice in the process, not a veto of enforcement discretion. Proponents also cite the criminal courts' well-established capacity to afford rights to participants other than the defendants (such as the media), suggesting that accommodation of victims' interests is both possible and desirable.<ref name="ncvli">{{cite web |url= http://law.lclark.edu/centers/national_crime_victim_law_institute/ |title=National Crime Victim Law Institute |publisher=National Crime Victim Law Institute |access-date=19 April 2013}}</ref> |
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There are three major criticisms of the Victims' Rights Movement, and the accompanying victim-inclusion approach to criminal justice. |
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#Some claim that proposed incorporation of victims' rights will directly undermine defendant's rights, since designating the accuser as a "victim" presupposes that the alleged crime actually occurred even before this has been established to be the case in a court of law.<ref>{{cite web|url=http://defensewiki.ibj.org/index.php/Rights_of_the_Accused |title=Rights of the Accused - Criminal Defense Wiki |publisher=Defensewiki.ibj.org |date=2012-10-04 |accessdate=2014-01-02}}</ref> |
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#Some view victims' rights as impinging on [[Enforcement discretion|prosecutorial discretion]].<ref>{{cite journal|last1=Goldstein|first1=Abraham S.|title=The Victim and Prosecutorial Discretion: The Federal Victim and Witness Protection Act of 1982|journal=Law and Contemporary Problems|date=Autumn 1984|volume=47|issue=4|pages=225–248|doi=10.2307/1191691|jstor=1191691|url=https://scholarship.law.duke.edu/lcp/vol47/iss4/8}}</ref> |
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#Some argue that victim participation will inappropriately focus criminal proceedings on vengeance and personal emotion.<ref name="kanwar">{{cite journal|last=Kanwar|first=Vik|title=Capital Punishment as 'Closure': Limits of a Victim-Centered Jurisprudence|journal=New York University Review of Law and Social Change|date=2001–2002|url=https://www.researchgate.net/publication/228188957|volume=27}}</ref> |
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In connection with the last of these criticisms, it has been noted that victims seeking "closure" may promote outcomes as diverse as retribution, on one hand, and forgiveness on the other, and the legal system is inadequate to providing therapeutic satisfaction in either case.<ref name="kanwar"/> |
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Proponents of victims' rights respond by noting that victims' rights of privacy, protection and participation are civil rights that ensure that individual harm is among the harms recognized by the system, and that such rights afford a voice in the process, not a veto of enforcement discretion. Proponents also cite the criminal courts' well-established capacity to afford rights to participants other than the defendants (such as the media), suggesting that accommodation of victims' interests is both possible and desirable.<ref name=ncvli>{{cite web |url= http://law.lclark.edu/centers/national_crime_victim_law_institute/ |title=National Crime Victim Law Institute |publisher=National Crime Victim Law Institute |accessdate=19 April 2013}}</ref> |
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== References == |
== References == |
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== External links == |
== External links == |
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* [https://purl.fdlp.gov/GPO/gpo118637 Primer: Crime Victims’ Rights] [[United States Sentencing Commission|U.S. Sentencing Commission]] |
* [https://purl.fdlp.gov/GPO/gpo118637 Primer: Crime Victims’ Rights] [[United States Sentencing Commission|U.S. Sentencing Commission]] |
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* [http://www.victimlaw.info/victimlaw/pages/victimsRight.jsp VictimLaw], Office for Victims of Crime Training and Technical Assistance Center |
* [http://www.victimlaw.info/victimlaw/pages/victimsRight.jsp VictimLaw] {{Webarchive|url=https://web.archive.org/web/20120325012922/http://www.victimlaw.info/victimlaw/pages/victimsRight.jsp |date=2012-03-25 }}, Office for Victims of Crime Training and Technical Assistance Center |
||
* [http://www.wndtelecom.com/2016/01/29/crime-investigation-can-get-boost-with-victims-law/ Victim’s Law], A bill produced by [[Keir Starmer]], the victims of a crime would have extended right to challenge decisions over criminal investigations. |
* [http://www.wndtelecom.com/2016/01/29/crime-investigation-can-get-boost-with-victims-law/ Victim’s Law], A bill produced by [[Keir Starmer]], the victims of a crime would have extended right to challenge decisions over criminal investigations. |
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Revision as of 18:58, 30 May 2024
![]() | The examples and perspective in this article deal primarily with the United States and Europe and do not represent a worldwide view of the subject. (December 2011) |
Rights |
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Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.[1][2]
United States
History
During the colonial and revolutionary periods, the United States criminal justice system was victim-centric, in that crimes were often investigated and prosecuted by individual victims. In the 19th and early 20th centuries, however, the role of the victim in criminal proceedings was reduced, owing to shifts in attitudes in the way crimes were perceived; the criminal justice system became seen as a tool to remedy social harms rather than an avenue to redress personal harm.[3]
The modern crime victims' rights movement began in the 1970s, in part as a response to the 1973 U.S. Supreme Court decision Linda R.S. v. Richard D. (410 U.S. 614). In Linda R.S., the court ruled that the complainant did not have the legal standing to keep the prosecutors' office from discriminately applying a statute criminalizing non-payment of child support. In dicta, the court articulated the then-prevailing view that a private crime victims have no jurisdiction in deciding the process of a criminal prosecution.[3] This ruling served as a high-water mark in the shift away from the victim-centric approach to criminal justice,[4] relegating the role of victims in the criminal trial to being evidence for the prosecution.[5]
The Linda R.S. ruling, notwithstanding, stated that Congress could create legislation that safeguards victims' rights and provides standing to victims where they would otherwise not have any.[6] At the same time, social consciousness about victims' rights surged. Supporters of the law and order, civil rights, and feminist movement challenged conventional views of the criminal justice system on the role of the victim. By providing educational resources and legal assistance and establishing the country's first hotlines and shelters for victims of crime, much of the movements' work later became the grassroots foundation of the modern victims' rights movement.[7]
In 1982, President Ronald Reagan's Task Force on Victims of Crime released its final report which detailed the concerns of victims' rights advocates, stating that "innocent victims of crime have been overlooked, their pleas for justice have gone unheeded, and their wounds — personal, emotional, financial — have gone unattended".[8] The report contained 68 recommendations for service providers and government officials, many of which are mandated through victims' rights legislation today,[9] as well as a recommendation for a victims' rights amendment to the U.S. Constitution.[10]
In the decades that followed, proponents of victims' rights experienced substantial legislative success. Today, the victims' rights movement continues to increase access to procedural mechanisms for victims to enforce their rights and promote legislation that guarantees those substantive rights.[11] Modern victims' rights organizations include the National Alliance of Victims' Rights Attorneys,[12] National Organization for Victim Assistance,[13] and the National Center for Victims of Crime.[14]
Victims' rights legislation
Since 1982, thirty-three states have amended their constitutions to address victims' rights, and all states have passed victims' rights legislation.[3] That same year, Congress passed the first piece of federal crime victims' rights legislation, the Victim and Witness Protection Act.[15] In 1984, the Victims of Crime Act was passed. A decade later, in 1994, the Violence Against Women Act became law. In 2004, the landmark Crime Victims' Rights Act was passed, granting crime victims eight specific rights, and providing standing for individual victims to assert those rights in court.[16]
Federal law
Victims of Crime Act (VOCA)
VOCA established the Crime Victims Fund, which awards grants to crime victim compensation programs, victim notification systems, and victim assistance programs.[17] The fund is financed by offender fees.
Crime Victims' Rights Act of 2004
The Crime Victims' Rights Act, part of the Justice for All Act of 2004, enumerates the rights afforded to victims in federal criminal cases. The Act grants victims the following rights:[18]
- Protection from the accused,
- Notification,
- Not to be excluded from proceedings,
- Speaking at criminal justice proceedings,
- Consultation with the prosecuting attorney,
- Restitution,
- Proceedings free from unreasonable delay,
- Fair treatment, and respect for the victims' dignity and privacy
State law
All states have passed legislation that protects the rights of victims of crime,[19] and most have passed constitutional amendments that afford protection to crime victims.[3] Some state laws apply to only victims of felony offenses, while other states also extend rights to victims of less serious misdemeanor offenses.[19] When a victim is a minor, disabled, or deceased, some states permit family members to exercise rights on behalf of the victim.[19]
Common state law protections include the rights to:[19]
- Treatment with dignity and respect,
- Information about the prosecution, plea offers, court proceedings, and sentencing,
- Make a statement in court at the time of sentencing,
- Protection,
- Seek compensation from a state victim's rights fund,
- Restitution from the offender,
- Return of personal property, and
- Information about parole proceedings or release from incarceration, and to make a statement to the parole board,
- Enforcement of victim's rights.
Many prosecuting attorneys' offices have a victim's rights officer or multiple employees who assist victims of crime during and after a prosecution.
Criticism
In 2008, Human Rights Watch published an report comparing United States victims' rights laws to international human rights standards, which found that "while U.S. Jurisdictions, both federal and state, have made significant progress in recent decades, much more can be done to ensure that victims' rights and legitimate interests are upheld."[20] The report states that the U.S. should use the UN's Basic Principles as a guide to inform their laws and policies. In addition, it recommends that the U.S. adopt policies that define "victim" arbitrarily; expand access to victim services and compensation; and "maintain and enforce standards for the collection and preservation of evidence, particularly rape kit evidence."[20] The report also recommends U.S. ratification of the CEDAW and CRC.[20]
European Union
The Stockholm programme entitles all victims of gender-based violence, domestic violence, and terrorism to the same protections as victims of crime, as these kinds of victims are deemed to be particularly vulnerable and in need of special support and protection by the state, regardless of their nationality.[21] The Victims of Crime Directive (Directive 2012/29/EU) recognised that there were concerns about freedom of movement in the EU and its impact on victims of crimes, and recommended the strengthening of victim rights as a remedy.[22] The Directive requires that victims are recognised and treated with respect and dignity, protected from further victimisation from the offender or within criminal proceedings, and receive appropriate support and have access to compensation. All member EU states, except Denmark, are required to sign and implement the Directive.
The European Commission has states that all victims will be individually assessed to identify vulnerability. In particular, young victims are always presumed vulnerable, with other categories of persons such as victims of terrorism, organized crime, human trafficking, gender-based violence, sexual violence and exploitation, as well as victims with disabilities, being noted as having an increased of vulnerability.[23]
Austria
Austria has established protections for victims of crime that reside in the EEA area as well as Austrian citizens and permanent residents. Victim services include free access to legal advice and representation, counselling and monetary compensation for victims of criminal acts that result in at least six months imprisonment. The compensation is funded by fines imposed on convicted offenders, among other sources.[24]
Although Austria is a signatory to the Victims of Crime Directive, it has not been wholly compliant. One breach of the directive is that the victims must largely communicate in English or German with officials, which may hinder the rights of victims without the help of a consulate. Another breach involves a number of benefits afforded only to Austrian citizens, including compensation if a citizen is a victim of crime even the injury is suffered in another country.[25] Additionally, non-EEA nationals are not entitled to as much state support and must ordinarily instead rely on the donation-sponsored Weissering, which additionally takes on cases at discretion and after means testing.[24]
Bulgaria
Bulgaria's attempts to protect and support the rights of victims of crime are generally considered superficial. Victims are entitled to participate in criminal trials as witnesses, private accusers or complainants, with assistance from legal counsel. Additionally, legislation provides for protection of vulnerable witnesses (e.g. children, victims of sexual offences) during witness examination and police questioning.[26] A recent International Crime Victims Survey revealed that only 40% of victims in the nation are satisfied with the way police handled their matters.[27]
A committee report on the Convention on the Elimination of all Forms of Discrimination Against Women highlighted a number of breaches of the Convention by the state, being critical of Bulgaria's failure to provide for adequate compensation for victims of sexual offences and reliance on gender stereotypes when drafting legislation.[28] Bulgaria's rape laws have also been controversial in their treatment of victims. In M.C. v Bulgaria, the ECJ held that the decision not to prosecute the rape of a 14-year-old rape victim, under a law that prescribed that rapes would only be prosecuted where there was evidence of physical force and active resistance, breached her rights provided under Articles 3 and 8.[29] The court had held that rape laws must apply to all forms of non-consensual sexual acts.
A recent committee of the Council of Europe Convention on Action against Trafficking in Human Beings found that no adult victims of human trafficking received any form of assistance from the Bulgarian Government.[30]
Croatia
The rights of victims of crimes in Croatia have been improving steadily since Croatia became a candidate for the European Union in 2004. Croatia, in order to fulfil prerequisites for joining the EU, initiated changes in their criminal justice system in relation to the rights of victims. One change instigated by the government was in the form of the Department for Support to Witnesses and Other Participants in War Crimes Trials (2005).[31][clarification needed] At a legislative level, the Criminal Procedure Act (2008) increased the rights of victims and recognised victims as a separate entity in court in addition to their role as a witness and injured party. These rights include the right to psychological support and to compensation.[32] The Crime Victims Compensation Act (2008) allowed Croatian citizens to receive compensation if they experienced serious personal injury.[31]
In 2015, Croatia's parliament adopted laws awarding victims of rape committed during the 1991–1995 Independence War compensation as well as free access to therapeutic, medical, and legal services.[33][34]
Cyprus
Cyprus awards compensation to victims of violence that cases serious bodily harm or death under European Convention on the Compensation of Victims of Violent Crimes.[35] However, the majority of foreigners are not entitled to this compensation.[36]
Denmark
Victims' rights in Denmark are largely implemented through domestic legislation and not international law.[37] Denmark is not a signatory to any of the European Union's directives on victims' rights, being the only member state which is not required to sign or implement Directive 2012/29/EU.[37]
Notwithstanding, Denmark still maintains a relatively high standard for victims' rights through its domestic legislation, providing compensation for victims of crimes with serious injuries to all of its citizens as well as foreign citizens living in Denmark.[38] Compensation is also given to dependents of homicide victims.[39] Compensation awarded for medical expenses and loss of income is additionally unlimited.[40] Danish police are required by law to accept any criminal report irrespective of the language used.
Other support services for victims of crime within Denmark include discretionary free legal aid for violent crimes and automatic free legal aid for victims of sexual assault. In addition, every victim has the right to an interpreter and free translation of legal documents. Victim support services are accessible to residents even where no crime has been reported and no criminal proceedings undertaken. Where mediation has occurred between an offender and the victim, with the offender apologising to and reconciling with the victim, the court may apply a lesser sentence for the sake of providing the victim empowerment and closure.[41] Victims may also police decisions not to prosecute to a regional prosecutor, whose decision may be further appealed to the director of public prosecutions.[41]
Estonia
In Estonia, only 43% of victims of serious crimes made a police report, with only 17% of complainants saying they were satisfied with the treatment by the police.[42] In 2002, the NGO Estonian Crime Victim Support Society released a document that led a debate about legislation dealing with victim support issues. This ultimately cumulated in the Victim Support Act of 2003, which marked a shift in the Estonian criminal justice system from retributive justice to restorative justice. Consequently, the Estonian government began to place more emphasis on providing practical and material help for victims of crime. Nonetheless, state victim support only deals with certain types of offences, with many victims uncomfortable participating.[43]
Victims of serious violent crimes, as well as their dependents, in Estonia are entitled to state compensation under the Victim Support Act. Such compensation has a cap and includes loss of income, damages due to death, funeral expenses, among other damages.[44][45]
France
France is a signatory to the EU's Victims of Crime Directive and had until November 2015 to implement it. As of February 2016, it had failed to notify the EU what policies it had implemented.[46]
Victims of crimes in France have the right to be involved in the trial and access legal counsel.[47] They are also entitled to compensation, with police being obligated to inform victims of their right to compensation under the Framework Justice Act (2002). Police can also register compensation claims on behalf of victims so there is no need to go to court. A state fund for compensation for victims of violent crimes exists called The State Fund for the Victims of Crime. This is partly funded by funds from perpetrators.[48]
The French Department of Justice partially funds the National Victim Support and Mediation Institute, which provides assistance to victims and advocates for victims' rights.[49] The organisation has pushed for the French government to implement the directive, providing recommendations based on their assessment of victims' needs.[50]
In 2012, France was found to have violated Article 4 of the European Convention of Human Rights due to its failure to provide an adequate framework to protect the rights of human trafficking victims. As of 2013, the French government was found to be in full compliance with the required minimum standards for the elimination of trafficking.[51]
Germany
The German Code of Criminal Procedure 1987 gives victims a number of rights, including rights of participation in trial, of appeal, and of compensation for loss. Unlike in many other jurisdictions, victims of crime in Germany may participate in the criminal proceedings against the accused. For victims of certain personal offences, such as defamation, bodily injury, and property damage,[52] victims are automatically entitled to engage a private prosecutor who will represent their interests at trial. Victims also have the right to engage a legal representative to uphold their interests when, for example, they are being questioned as a witness.[53]
Private prosecutors cannot appeal decisions on account of the leniency of a sentence.[54]
Greece
Victims of crimes in Greece may be afforded additional rights, support and protection in specific situations, including sexual abuse instances and where the victim is a minor. There is no discrimination by support services against foreigners.[55] Foreign victims are entitled to an interpreter when testifying to the police.[55]
Greece has been criticised for its lack of upholding minority victims rights in regards to hate crimes. In order to file a complaint for a hate crime, the current law requires the payment of a fee, dissuading victims from reporting offences. This deficiency is exacerbated by the lack of protection for undocumented migrants experiencing hate crime. Greece has also been condemned by the European Court of Human Rights 11 times for the misuse of weapons by police and the subsequent absence of effective investigations, with migrants or members of minority groups being victims in ten of these incidents.[56]
Greece is one of 16 countries facing infringement proceedings for non-communication of the EU Victims of Crime Directive.[57]
For victims of domestic violence and certain other crimes such as child abuse, if the offender lacks the means to provide compensation, or if the offender remains anonymous, the state of Greece, under the Compensation Directive 2004/80/EC is obliged to provide compensation to victims of intentional crimes of violence.[58] The compensation provided by the perpetrator or the state of Greece must cover financial losses associated with physical damage resulting from the violent crime; this includes medical fees, loss of income and funeral costs, but not psychological damage and trauma.[58] Victims of crime in Greece have five days to report the crime; if the crime is not reported in this timeframe, victims are not eligible for compensation.[58] The Hellenic Compensation Authority processes claims for compensation.[59]
Hungary
Until new legislation was introduced in 2013, domestic violence was not categorized as a separate offence from other forms of assault, which meant that victims of domestic violence in Hungary were accosted the same rights as other victims of assault. According to Human Rights Watch, police in Hungary had often dismissed the injuries of victims of serious domestic violence, at times refusing to bring abusers to prosecution.[60] In the ECtHR case Kalucza v. Hungary 2012, the applicant complained that Hungarian authorities had failed to protect her abuse from her husband in her home. The ECtHR concluded that Article 8 (providing the right to respect for private and family life) had been breached.[61] Legislative changes made in 2013 imposed harsher penalties upon perpetrators of domestic violence and placed the onus upon the prosecution, and not the victim, to pursue legal action.[60]
Italy
Victims rights are detained in the Code of Penal Procedure, which outlines that during prosecution and sentencing, victims have the right to be informed of judicial proceeding developments and can produce evidence at any stage of the trial. Victims also have the right to oppose a judge in their decision on a request for dismissal and may engage their own counsel if necessary.[62] Victims who have died as a result of a crime may have their rights exercised by close relatives of the victim.[63] Victims are entitled to compensation depending on the nature and severity of the crime. Particularly vulnerable victims may be granted free legal aid. Victims' assistance agencies may also accompany vulnerable victims at trial with their consent.[62]
One of the most vulnerable victim groups in Italy is children under the age of 16. Some of the most prevalent challenges faced by children in Italy include child labor, forced participation in organized crime and also becoming refugees after fleeing their own nation.[64] Child victims have certain rights explicitly stated in the Italian Penal Code; for example, a child victim of sexual exploitation is to be assisted throughout the entire criminal proceedings,[65] and investigatory examination of a child must be undertaken by the president of questions and be assisted by a family member or child psychologist.[66] Nonetheless, the Italian criminal justice system lacks ongoing supportive resources to protect the rights of children.[citation needed]
Lithuania
Lithuania has several national mechanisms relating to the rights and support for victims of crime. The Ministry of Justice, Ministry of Foreign Affairs, and the Police Department of the Ministry of the Interior each provide legal aid services and have set up protection measures for victims of crime.[67]
Lithuania allows for the voluntary compensation of victims of crimes, which, if not done, allows the victim to bring a civil suit against the offender. If the offender cannot provide compensation for the victim, the state will provide compensation in lieu.[68]
There are many NGOs operating within Lithuania that provide facilities and support for victims. These include the Crime Victim Care Association of Lithuania,[68] Caritas Lithuania, the Missing Person's Support Centre, Klaipeda Social and Psychological Support Centre, the Child House, and the International Organization for Migration.[67]
Latvia
Latvia does not have a comprehensive victim support system, and there is no indication that it intends to develop one. Despite this, the criminal procedure law of Latvia includes a specific chapter dedicated to victims, outlining the procedural rights and obligations of victims. For an individual to gain victims' rights in Latvia, four requirements must be fulfilled: the initiation of a criminal procedure, information that suggests that the offence harmed the person, consent by the victim to be recognised as such, and the recognition of the person as a victim by the person in charge of the criminal proceedings.[69] Victims of crime in Latvia have access to legal aid, but they must pay the costs up front, with reimbursement being provided by the offender.
Latvia is a Tier 2 source and destination country persons trafficked for sexual exploitation and forced labour.[70] To safeguard the rights of victims of trafficking, the government of Latvia has increased the accessibility of government-funded protections, including offering victims of trafficking temporary residency in exchange for participating in the judicial process against human traffickers.[70][69] During this period of investigation, qualifying victims are offered government aid.[71] Victims who do not meet the qualifying criteria are referred to non-governmental organisations for aid.[70] Furthermore, victims who may have participated in unlawful activity as a result of their trafficking can avoid prosecution.[70][71] The Latvian government also ensures the social rehabilitation of victims of human trafficking.[72]
Luxembourg
Luxembourg has a well-developed program of victim support services through the state-run Victim Support Service (part of the Ministry of Justice). It is one of only five EU member states where the Ministry of Justice is solely responsible for the distribution of these services.[55] The state also coordinates with non-profit organisations, including through the provision of financial support, in order to assist in the development of legal reforms and to better coordinate at a grassroots level.[73] For example, one such organisation, Women in Distress, works to provide women, their children and young girls with effective protection against violence by way of refuges and information centres.[74] Through this process, Luxembourg has become one of only nine EU member states to fulfil the Council of Europe's recommendation of one counselling centre per 50,000 women.[73]
Victims of crime can report the crime to the police or directly to the public prosecutor.[75] Reports must be submitted in one of Luxembourg's official languages: Luxembourgish, French and German. An interpreter is available, free of charge, for people who do not speak these languages. Statutory limitation periods for reporting apply. Victims are able to be involved in the process by acting as witnesses and providing testimony, with free interpretation services and victims being entitled to be represented by lawyers. Police must undergo a mandatory course on victimology and are obligated to inform victims of their rights to receive assistance, compensation, legal aid, and information about their proceedings. If a case does not proceed to court, reasons for this outcome must be provided in order to help the victim decide whether to appeal this decision.[55]
Luxembourg offers compensation for victims who have suffered physical injuries from crime. Compensation is only paid out in instances were victims were unable to obtain adequate compensation from insurance, social security or from the offender. In 2012, over 405,000 Euro was paid out in compensation, exceeding the budgeted amount of 350,000. A request for compensation has to be initiated within two years of an offence occurring and is addressed to the Ministry of justice. A commission formed by a magistrate, senior civil servant of the Minister of Justice and a lawyer will then meet within an applicant to assess if an application is successful. The maximum amount that could be awarded as of 2009 was 63.000 Euros. By way of appeal, legal action against the State can be brought before the 'tribunal d'arrondissement' of Luxembourg or Diekirch.[76]
Luxembourg has one Directive 2012/29/EU infringement case open against it.[57]
Malta
In 2015, former justice minister of Malta Chris Said released a report criticising the state of victims' rights in Malta, emphasising the need to increase resources provided to the legal aid office and for the office to expand provisions for victims.[77] Following the report's release, Malta introduced the Victims of Crime Act (2015) on the 2nd April of that year.[77] The act aims to allow victims a greater voice, allowing also the possibility of reconciliation between victim and offender.[78]
According to Roberta Lepre, director of Victim Support Malta, the legislation focusses on expanding information, support, and protection for victims.[77] In terms of information, victims now have the right of easy access to clear information about relevant criminal procedures, support services, free legal aid services, means of accessing compensation, and how to obtain translation services.[79] Victims also have the right to receive acknowledgement of a complaint as well as ongoing information about the case.[79] Further, if the police do not arraign a suspect, the victim has the right to be informed of the decision in writing.[79] When it comes to support, victims have access to free support services following a needs and risk assessment.[79] Support services include counselling and information on how to prevent of further risk of victimisation.[79] Relevant authorities are also obliged to inform victims of ways through which they can be protected, such as seeking a protection order.[79]
Netherlands
In 1987, a new victim-orientated reform was put in place in the Netherlands, in which victim's interests were to be taken into account during all stages of the criminal justice process, and where victims' rights were recognised in law.[80] Various procedural elements allow for victim compensation.[81] If victims of crime feel they have been unjustly treated and that victim-related rules were not correctly enforced, they can raise a complaint with the Ombudsman. For further victim support, various NGO's operate within Netherlands on a local level and care for victims of crimes through providing emotional support, practical advice and judicial advice. An example of this support is seen within the nationwide agency Slachtofferhulp is partly funded by the government and gives aid to victims in specific groups and to victims of crime in general.[68]
Poland
Human rights' activists have argued that the Polish criminal justice system fails to effectively assist victims of domestic violence and does not take their cases seriously. Many perpetrators of domestic violence in Poland only receive suspended sentences, with their female partners often being financially dependent on them and having to continue living with them.[82] In order to improve the rights of domestic violence victims in Poland, the Blue Card program was introduced as a way of standardising police interactions with individuals involved in cases of domestic violence.[83] This program enables victims of domestic violence to access counselling, support and compensation.[84] In 2000 the Ministry of Justice in Poland initiated a Victim Support Week, inspired by the International day of Victims of Crime.[84]
In 2012, a Ministry of Justice directive increased support structures for victims. Victims are now entitled to certain costs of healthcare services, medical products, secondary or vocational education, temporary accommodation, among other facilities. Nonetheless, some have pointed out that the implementation of the program remains uneven and under-supported.[83]
Portugal
In Portugal, all victims of crime have six immediate rights: information, receipt of the statement complaint, translation, compensation for participation in the process and reimbursement of expenses, compensation from the perpetrator of the crime, and compensation from state.[85] During legal proceedings, a victim in Portugal can assume two roles: as an assistant, where they cooperate with the public prosecutor in the proceedings,[86] or as a civil party, where they act only to provide evidence to support a claim for damages.[87] The Portuguese Government offers several avenues of help and support for victims of crime, including the National Commission for Protection of Children and Young People at Risk, Directorate General of Social Affairs, Portuguese Association for Victim Support, Commission for Equality and Against Racial Discrimination, and Open Window.[88]
Romania
Counselling is provided to victims of attempted homicide, murder, assault and other violent criminal offences. Counselling is provided free of charge for up to 3 months for adults, and 6 months for victims under 18.[89] Upon application, free legal aid is provided to several categories of victims. Discretionary factors in providing aid include the seriousness of the offence committed and material needs of the victim.[89] Prior to the commencement of Law 211/2004, when a perpetrator of a crime remained unknown, insolvent, or was missing, the victim received no compensation. Currently, upon application, a victim may be granted financial compensation for serious violent and sexual crimes.[90]
The birth of the National Agency for Family Protection has increased support for victims of domestic violence, assisting in the setting up of shelters for victims of domestic violence, recuperation centers for victims of violence, and assistance centers for aggressors.[91]
Slovakia
Slovakia is a nation where various targeted groups, particularly young women and men, the disabled, the uneducated and the unemployed, are susceptible to fabricated international job prospects which are in actuality human trafficking schemes.[92] Many Slovakian's end up being transported to highly active trafficking countries such as, Germany, Austria, the UK, Ireland, Switzerland and Poland.[92] Slovakia also houses many trafficked victims from Bulgaria, Romania, Vietnam, Ukraine and Moldova.[92] The 2011 National Program to Combat Trafficking in Human Beings for the years 2011–2014 placed some emphasis on ensuring adequate support and care for subjected victims, including victims receiving comprehensive care and preparation for their return to their home country.[93]
Slovenia
Slovenia regulates the rights of victims of crime under the Criminal Procedure Act, the Witness Protection Act, the Crime Victims Compensation Act, and the Resolution for Preventing and Combating Crime. Victims in Slovenia are entitled to be heard during proceedings, give evidence, pose questions to witnesses and experts involved, be acquainted with their rights, inspect material evidence supplied, and receive assistance from a translator. In certain criminal offences, such as sexual abuse, child neglect, and human trafficking, the injured party is required to have a specific authority to look after their rights, and certain stipulations apply to the investigation procedures, such as preventing the offender from being in the courtroom at the same time as the victim during proceedings.[94]
If during criminal proceedings, the physical safety of the victim and their immediate families is at risk, they are entitled to protection. The Endangered Persons Protection Unit specifically oversees the protection of witnesses under the Witness Protection Act. The unit also engages with non-governmental organizations to provide psychological and legal assistance to protected persons. The unit also provides for alternate measures during proceedings, for example providing evidence via video conference.[94]
Spain
Victims of crime in Spain have a number of avenues available to them to seek legal compensation or aid for the damages they have suffered.[95] The Ministry of Justice[96] is the state body who is in charge of awarding compensation to victims. It also is responsible for state legal aid, and has a separate department for protection of victims of terrorism-related crimes.[97] Beyond the Ministry of Justice, other organisations provide aids to victims, such as the Office of Crime Victims Assistance Barcelona, the Association of Terrorism Victims, the 11-M Association of Victims of Terrorism and the National Association of Victims of Violent Crime.[97] In a criminal trial in Spain, the victim can choose to participate in the trial either as a witness or as a 'private prosecutor' ('acusación particular') which grants them additional rights and responsibilities, making them an official party to the trial.[95] In exceptional circumstances, a victim may claim emergency compensation before the conclusion of the trial, owing to their financial situation, at the discretion of a relevant authority.[98]
Sweden
Various laws protecting victims' rights were enacted from the mid-1980s onward in Sweden. In 1988, Sweden ratified the European Convention on the Compensation of Victims of Violent Crimes and passed the Act on Visiting Bans Act on Counsel for Injured Party in 1988. Nowadays, crime victims may be represented by a legal advisor throughout the legal process under the provisions of the latter Act. The Crime Victim Fund, established together with the Crime Victim Compensation and Support Authority, allows the provision of state compensation and of economic support for research, education and support on crime victims.[99]
Crime victims became its own category of responsibility for Swedish social services in 2001 through the Social Service Act. Despite not actually strengthening crime victims' rights in law, it served as a normative reorientation of the Social Services Act towards crime victims.[100] Swedish multiplicities are obliged to offer mediation, based on restorative justice principles, to offenders under 21 years old, with the aim of reducing cases of recidivism. Mediation is one of several procedural operations available to a prosecutor, and mediation may be issued as a lenient sentence for an offender. Some have criticised the mediative approach, arguing that mediation may further violate a victim's integrity and well-being.[101]
Non-EU European nations
United Kingdom
In 1974, the charity Victim Support was set up in Bristol, aimed at providing help and support to victims of crime on a local and national level.[102] Trained volunteers and employees offer free, confidential, practical and emotional support to people affected by crime in England and Wales. The charity offers support to around one million victims of crime per year. People may seek practical or emotional help, for example, making their home secure after a burglary, applying for compensation from the Criminal Injuries Compensation Authority, getting re-housed, or asking for counselling through a GP.[103]
In Scotland and Northern Ireland, similar services are provided by the charities Victim Support Scotland and Victim Support NI.
UN declaration
In 1985, the United Nations adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,[104] which outlines international best practices for treatment of crime victims. The report recognizes an offender's obligation to make fair restitution to his or her victim, acknowledges that victims are entitled to fair treatment and access to the mechanisms of justice, and generally draws attention to the need for victims' rights in the criminal justice process.[105]
Other United Nations provisions that touch on victims' rights include The International Covenant on Civil and Political Rights (ICCPR); the Convention on the Elimination of Discrimination of Women (CEDAW);[106] and the Convention on the Rights of the Child (CRC).[107] The ICCPR has been ratified by 172 nations, including the United States, Canada, Russia, and France. It includes the following provisions related to victims' rights:[20]
- Rights to be protected from harm, which impose obligations on governments to have effective criminal justice systems (Article 6.1, Article 7, and Article 17)
- Rights to be recognized by and treated equally before the law (Articles 2, 3, 16, and 26)
- A right of non-discrimination (Article 2)
- Rights to a remedy and to access to justice (Articles 2 and 14)
- Due process rights (Articles 9, 10, 14, and 15)
Criticisms of the victim-inclusion approach
Some academics have argued that the recognition of victims' rights directly undermines defendant's rights, since designating the accuser as a "victim" presupposes that the alleged crime actually occurred, even before it is established to be in a court of law.[108] Others have criticised victims' rights for impinging on prosecutorial discretion.[109] Victims' rights have also been criticised for shifting the focus in criminal proceedings on vengeance and personal emotion.[110] In connection with the last of these criticisms, it has been noted that victims seeking "closure" may promote outcomes as diverse as retribution, on one hand, and forgiveness on the other, and the legal system is inadequate to providing therapeutic satisfaction in either case.[110]
Proponents of victims' rights respond by noting that victims' rights of privacy, protection and participation are civil rights that ensure that individual harm is among the harms recognized by the system, and that such rights afford a voice in the process, not a veto of enforcement discretion. Proponents also cite the criminal courts' well-established capacity to afford rights to participants other than the defendants (such as the media), suggesting that accommodation of victims' interests is both possible and desirable.[111]
References
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External links
- Primer: Crime Victims’ Rights U.S. Sentencing Commission
- VictimLaw Archived 2012-03-25 at the Wayback Machine, Office for Victims of Crime Training and Technical Assistance Center
- Victim’s Law, A bill produced by Keir Starmer, the victims of a crime would have extended right to challenge decisions over criminal investigations.