# EUR-Lex - 52011PC0275 - EN

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# 52011PC0275

**DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing minimum standards on the rights, support and protection of victims of crime Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing minimum standards on the rights, support and protection of victims of crime /* COM/2011/0275 final - COD 2011/0129 */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

This proposal
is part of a legislative package which aims at strengthening the rights of
victims in the EU and which also includes the following two other elements: a
communication on strengthening victims' rights in the EU and a proposal for a Regulation
on mutual recognition of protection measures in civil matters.

The European Commission
has identified as a strategic priority[1]
the protection of victims of crimes and the establishment of minimum standards,
based on the Stockholm Programme and its Action Plan[2]. These documents place victims
high on the EU agenda and firmly establish the need and intention to create an
integrated and co-ordinated approach to victims, in line with the October 2009
JHA Council Conclusions[3].

The European Union
has set itself the objective of maintaining and developing an area of freedom,
security and justice, the cornerstone of which is the principle of mutual
recognition of judgments and other decisions of judicial authorities taken in civil
and criminal matters within the Union. The Commission's "Citizenship
Report" of 27 October 2010[4]
seeks to dismantle the obstacles to citizens' rights by adding substance to
individual rights granted at EU level. Strengthening victims' rights, together
with the strengthening of procedural rights of suspects or accused persons in
criminal proceedings reflects this approach.

The European
Union has already acted on the rights of victims in criminal proceedings
through Council Framework Decision 2001/220/JHA of 15 March 2001 on the
standing of victims in criminal proceedings. Whilst improvements have been
achieved in this area, the objectives of the Council Framework Decision have
not been fully realised.

The European
Parliament has also called upon the Council to adopt a comprehensive legal
framework offering victims of crime the widest protection[5]. In its resolution of 26
November 2009[6]
on the elimination of violence against women, the Parliament called on the
Member States to improve their national laws and policies to combat all forms
of violence against women and to act in order to tackle the causes of violence
against women, not least by employing preventive measures and called on the
Union to guarantee the right to assistance, protection and support for all
victims of violence. Declaration 19 of the protocols to the Treaty on the
Functioning of the European Union also calls on Member States to take all
necessary measures to prevent and punish acts of domestic violence and to
support and protect the victims of such violence.

Judicial
cooperation in criminal matters in the Union is based on the principle of
mutual recognition of judgments and judicial decisions. Mutual recognition can
only operate effectively in a spirit of confidence, whereby not only judicial
authorities but all those involved in the criminal justice process and others
who have a legitimate interest in it can trust in the adequacy of the rules of
each Member State and trust that those rules are correctly applied. Where victims
of crime are not subject to the same minimum standards throughout the EU, such
trust can be reduced due to concerns over the treatment of victims or due to
differences in procedural rules.

Common minimum
rules should thus lead to increased confidence in the criminal justice systems
of all Member States, which in turn should lead to more efficient judicial
cooperation in a climate of mutual trust as well as to the promotion of a
fundamental rights culture in the European Union. They should also contribute to
reducing obstacles to free movement of citizens since such common minimum rules
should apply to all victims of crime.

Consistency
with other policies and objectives of the Union

This proposal aims
to ensure that the wide ranging needs of victims of crime, which cut across a number
of other EU policies, are respected and met. In particular, the protection of
victims' rights is an essential part of a range of EU policies and/or
instruments relating to human trafficking, sexual abuse and sexual exploitation
of children, violence against women, terrorism, organised crime, and
enforcement of road traffic offences.

The proposal will build on and complement
existing instruments, in particular Council Directive 2011/36/EU on preventing and combating trafficking in human beings, and protecting
victims[7], in Council Directive on combating the sexual abuse, sexual exploitation of children and
child pornography[8] presently under negotiation or in Council Framework Decision of 2002/475/JHA
on combating terrorism[9]
as modified by Council Framework Decision 2008/919/JHА of 28 November
2008[10].
It will establish minimum standards on victims' rights which will improve the
general environment for protecting victims in EU law and policy. While the
specific instruments on, for example, acts of terrorism, trafficking and sexual
abuse and sexual exploitation of children and child pornography address the
particular needs of certain groups of victims of identified types of crimes,
this proposal will set out the horizontal framework for addressing the needs of
all victims of crime, irrespective of the type of crime or the circumstances or
place in which it was committed. The provisions of this proposal are consistent
with the approach taken in the above policy areas.

This Directive will not affect provisions
contained in other EU acts which address the specific needs of particularly
vulnerable victims in a more targeted manner. In particular, adult victims of
trafficking in human beings shall benefit from the measures established in Council
Directive 2011/36/EU which correspond to the measures established in Articles  12,
20(b), 21(3)(a, c, d) of this Directive; child victims of trafficking in human
beings shall benefit from the measures established in Council Directive
2011/36/EU which correspond to the measures established in Articles 12, 20,
21(2)(a, b, c), 21(3) and 22 of this Directive; child victims of sexual abuse,
sexual exploitation and child pornography shall benefit from the measures
established in Council Directive [....]/[..]/EU [on
combating the sexual abuse, sexual exploitation of children and child
pornography] which correspond to the measures
established in Articles 12, 20, 21(2)(a, b, c), 21(3) and 22 of this Directive.

Victims of
terrorism will benefit from improved mechanisms for identifying their needs,
keeping them informed of proceedings and providing adequate protection during
proceedings. Likewise, for road traffic victims, though this action does not
specifically cater for all the detailed needs of such victims, greater
awareness and improved cultural attitudes of legal practitioners combined with
appropriate assessments will help ensure their needs are met, in particular
their treatment before a specific crime has been identified.

Moreover, in
line with the approach taken for victims of human trafficking and sexual abuse
and sexual exploitation of children and child pornography, the proposal will be
consistent in addressing the particular needs of vulnerable victims.

Looking to the
future, action in relation to specific categories of victims such as victims of
terrorism and organised crime is also envisaged. In particular analysis of the
existing gaps in the protection of victims of terrorism is due to take place
with a view to improving the situation of victims of terrorism in Europe.

Existing
provisions in the area of the proposal

–
Trafficking in human beings, where protection of
victims' rights has been introduced in Council Directive 2011/36/EU, including
specific focus on children who are particularly vulnerable to trafficking[11];

–
Sexual abuse, sexual exploitation of children
and child pornography, where a proposed new directive addresses the specific needs
of child victims of those crimes[12];

– An EU Agenda for the Rights of the Child, which sets a key objective
of making the justice systems more child-friendly. Negative experiences of
child victims who are involved in criminal proceedings should be reduced and
child victims should be given the opportunity to play an active part in
criminal proceedings[13];

–
Council Directive 2004/80/EC relating to
compensation for crime victims which aims at facilitating access to
compensation in cross-border situations[14];

–
Combating violence against women, being a
strategic priority in the 2010-2015 Strategy on Gender Equality, and the focus of
the Daphne III Programme[15];

–
Protection of the rights of terrorist victims[16].

2.           RESULTS OF CONSULTATIONS WITH INTERESTED
PARTIES AND IMPACT ASSESSMENTS

The
Commission's standards on consultations were followed. Experts from different
backgrounds including governments, law enforcement agencies, NGOs, international
organisations and universities took part in detailed discussions on the
legislative plans as part of the preparation of the impact assessment
accompanying this proposal.

The Commission
contracted an external study to support the preparation of the impact
assessment and a further study was contracted to examine options in relation to
the specific objective of ensuring that the protection gained through a
protection order is not lost when a protected person travels or moves to
another Member State[17].
Results from two surveys have also been used: the external study
consulted 384 representatives from government and non-government sectors,
receiving 119 replies, and the Victims in Europe Project[18] received 97 replies
to its legal implementation questionnaire and 218 to its organisational
questionnaire.

During the preparation
of the Impact Assessment, the Commission held a public consultation, open to
all members of the public, as well as to non-governmental and governmental
organisations, seeking their views on what action the EU should take to improve
the situation of victims of crime. The Commission received 77 replies by the
deadline for responses.

A meeting of
academic experts, NGOs and Member States was held on 18-19 February 2010 and
was followed by a further Justice Forum on 14 April 2010.

In addition to direct consultation, the
Commission has drawn on a number of studies and publications[19].

The impact assessment concluded that it was
necessary to replace the 2001 Framework Decision with a new Directive
containing concrete obligations on the rights of victims. Legislation should be
followed with practical measures to facilitate implementation. It would also be
a first step in this field with further studies and action envisaged, in
particular in relation to compensation of victims and legal aid for victims.

3.           LEGAL ELEMENTS OF THE PROPOSAL

A number of provisions of Council Framework
Decision 2001/220/JHA on the standing of victims in criminal proceedings have
been maintained in their original form or have been amended only to the extent
necessary for clarity of drafting. For instance, Articles 9, 12, 14, 15, 16 and
25 of the proposed Directive correspond to Articles 3, 6, 9, 11 and 12 of the
Framework Decision. The following comments concentrate on those articles which
introduce substantive changes to the Framework Decision.

Article 2 - Definitions

The purpose of
this Directive is to ensure that all victims of crime benefit from minimum
standards throughout the EU. In particular, this Directive makes provision for
support and protection to be given to family members of victims since such
persons are often also harmed by the crime and may themselves be at risk of
secondary victimisation as well as victimisation or intimidation by the
offender or his associates. All provisions in this Directive are also
applicable to family members of a victim whose death has been caused by a
criminal offence since such persons have specific and legitimate interests in the
proceedings beyond those of family members of surviving victims and are often
recognised as representatives of the victim.

Articles
3, 4, 5 and 6 – Information rights and right to understand and to be understood

The purpose of
these Articles is to ensure that victims receive sufficient information in a
form they can understand to enable them to fully access their rights and to
ensure they feel treated in a respectful manner. Such information should be
available from the moment a victim makes a complaint of a criminal offence as
well as on a regular basis throughout criminal proceedings and in relation to
the progress of the case. Sufficient detail should be provided to enable
victims to make informed decisions about their participation in proceedings and
how to access their rights, in particular when deciding whether to request a
review of the decision not to prosecute.

For a number of
reasons victims may have difficulties in understanding information provided in
a standard, written form. In particular, the victim may not understand the
language of the information or there may be other factors such as the victim's
age, maturity, intellectual and emotional capacities, literacy levels and any
disabilities for instance related to sight or hearing which may hinder or
completely prevent a victim from understanding the information. Information
should therefore and as much as possible be provided in a variety of formats to
take account of these factors.

Article 7 – Right to access victim
support services

The purpose of
this Article is to ensure that victims have access to support services which
provide information and advice, emotional and psychological support and
practical assistance which are often crucial to the recovery of victims and
help them cope with the aftermath of the crime and with the strain of any
criminal proceedings.

Support should
be available from the earliest possible moment after the commission of a crime irrespective
of whether it has been reported. Such services can prove particularly important
in regard to a victim’s decision to ultimately report a crime. Equally, victims
may require support both during the period of any proceedings and in the long
term. Support services may be provided by governmental or non-governmental
organisations and should not involve excessive procedures and formalities which
might reduce effective access to such services. Support may be provided in a
variety of ways such as face-to-face meetings, by telephone or other remote
means in order to maximise the geographical distribution and availability of
services. Certain groups of victims including victims of sexual violence, bias
crime such as gender based violence and race hate crime, and victims of
terrorism often require specialist support services due to the particular
characteristics of the crime they have fallen victim to. As far as possible,
such services should be made available.

Although the
provision of support should not be dependent on a victim making a complaint of
an offence to the police or other competent authorities, such authorities are
often best placed to inform victims of the possibility of support. Member
States are therefore encouraged to establish appropriate conditions to enable
the referral of victims to victim support services, including by ensuring that
data protection requirements can be adhered to.

Article 8 – Right of victims to have
their complaint acknowledged

The purpose of
this Article is to ensure that when a person makes a complaint of a crime, the
victim is provided with an official acknowledgment which they can refer back to
in any future communications.

Article 9 – Right to be heard

The purpose of
this Article is to ensure that the victim has an opportunity to provide initial
and further information, views or evidence during criminal proceedings. The
exact extent of this right is left to national law and may range from basic
rights to communicate with and supply evidence to a competent authority through
to more extensive rights such as a right to have evidence taken into account,
the right to ensure that certain evidence is taken or the right to make
interventions during the trial.

Article 10 – Rights in the event of a
decision not to prosecute

The purpose of
this Article is to enable the victim to verify that established procedures and
rules have been complied with and that a correct decision has been made to end
a prosecution in relation to a specific person. Precise mechanisms for a review
are left to national law. However, such a review should as a minimum be carried
out by a person or authority different to the one that took the original
decision not to prosecute.

Article 11 – Right to safeguards in the
context of mediation and other restorative justice services

Restorative
justice services encompass a range of services whether attached to, running
prior to, in parallel with or after criminal proceedings. They may be available
in relation to certain types of crime or only in relation to adult or child
offenders and include for example victim-offender mediation, family group
conferencing and sentencing circles.

The purpose of
this Article is to ensure that where such services are provided, safeguards are
in place to ensure the victim is not further victimised as a result of the
process. Such services should therefore have as a primary consideration the
interests and needs of the victim, repairing the harm to the victim and
avoiding further harm. Participation of the victim should be voluntary which
also implies that the victim has sufficient knowledge of the risks and benefits
to make an informed choice. It also means that factors such as power
imbalances, and the age, maturity or intellectual capacity of the victim which
could limit or reduce the victim's ability to make an informed choice or could
prejudice a positive outcome for the victim should be taken into consideration
in referring a case to and in conducting a restorative process. Whilst private
proceedings should in general be confidential, unless agreed otherwise by the
parties, factors such as threats made during the process may be considered as
requiring disclosure in the public interest. Ultimately any agreement between
the parties should be reached voluntarily.

Article 13 – Right to reimbursement of
expenses

This provision
is consistent with the 2001 Framework Decision in providing to victims who
participate in criminal proceedings the right to reimbursement of expenses. It
also provides for reimbursement where the victim attends the trial without
participating in the proceedings as such. The purpose is to ensure that victims
are not prevented from attending the trial and seeing justice done, due to
their own financial limitations.

Article 18 –
Identification of vulnerable victims

The purpose of
this Article is to ensure that victims are treated in an individual manner and
that a consistent mechanism is established to identify vulnerable victims who
may require special measures during criminal proceedings.

All victims of
crime are per se vulnerable and accordingly require sensitive and careful
treatment. However, some victims are particularly vulnerable to further
victimisation or intimidation by the accused or suspected person or his
associates. In addition, some victims are particularly at risk of being further
distressed or harmed by their involvement in criminal proceedings whether
through the giving of evidence or through other forms of participation. Such
victims require special measures in order to minimise the likelihood of further
harm occurring.

This Article
provides that the vulnerability of victims to such harm be determined by the
personal characteristics of the victim and by the nature or type of crime a
victim has suffered. The majority of children and persons with disabilities are
at particular risk of harm due to their personal characteristics. As a group
they can immediately be identified as vulnerable and in the majority of cases
in need of special measures. Victims within other categories based on the
nature or type of crime, such as victims of sexual violence, including
exploitation, and victims of human trafficking are also in most cases
vulnerable to further victimisation during proceedings.

At the same
time, this article recognises that victims are individuals who react in
different ways to a crime and have different needs and vulnerabilities. Thus a
victim may be vulnerable despite not falling into a specific vulnerable victim
category. An individual assessment mechanism is therefore to be established to
ensure that all vulnerable victims are identified and properly protected. Such
an approach can be crucial in facilitating a victim’s recovery and ensuring
they are provided with the right assistance and protection during proceedings
and afterwards. It maximises the ability to prevent secondary and repeat
victimisation and intimidation and to enable the victim to effectively access
justice. Nevertheless, such an approach must be carried out to an extent
proportionate to the likelihood that criminal proceedings will be instituted
and that specific measures will be required by the victim. In particular the
severity of the crime and the degree of apparent harm suffered by the victim
provides a useful indication of the extent of any particular individual
assessment.

The individual
assessment should determine a victim’s needs during proceedings and any
requirements for referral to victim support services. Those public officials
who first come into contact with a victim when a crime is reported should be
trained and should have access to appropriate guidance, tools or protocols to
enable them to carry out assessments of the needs of victims in a consistent
manner.

Individual
assessments should consider any factors which may increase the likelihood of a
victim suffering further victimisation or intimidation during proceedings. In
particular, the following factors should be taken into account: age, gender and
gender identity, ethnicity, race, religion, sexual orientation, state of health,
disability, communication difficulties, relationship to or dependence on the
suspected or accused person, previous experience of crime and the type or
nature of the crime such as bias crime, organised crime or terrorism. Victims
of terrorism require particular attention in any assessment given the varying
nature of such acts ranging from acts of mass terrorism to targetted terrorism
against individuals.

Article 19 –
Right to avoidance of contact between victim and offender

This Article
mirrors the approach taken in Article 8 of the 2001 Framework Decision with a
view to ensuring that where a victim must attend a venue as a result of their participation
in criminal proceedings, appropriate steps should be taken to ensure the victim
does not have to come into contact with accused or suspected persons. This
could be achieved by various means such as establishing separate waiting areas,
and controlling the arrival of victims and the accused. Best practice and
guidance offered to public officials can also act as an important source of
information on how to assist in avoiding contact.

Article 20 –
Right to protection of victims during questioning in criminal investigations

The purpose of
this Article is to prevent secondary victimisation by ensuring that the victim
is interviewed as early as possible and that interaction with authorities
should be as easy as possible whilst limiting the number of unnecessary
interactions the victim has with them. Decisions on when to carry out any
interviews should as far as possible take account of the victim’s needs as well
as any urgency in relation to the gathering of evidence. Victims may be
accompanied by a trusted person of their choice. Only in exceptional
circumstances should this possibility be limited and then only in relation to a
specific person. The victim should then be permitted to be accompanied by
another person of their choice.

Articles 21
and 22 – Right of protection of vulnerable victims including children during
criminal proceedings

The purpose of
this Article is to ensure that when victims have been identified as being
vulnerable to further victimisation or intimidation, appropriate measures are
taken to help prevent such harm. Such measures should be available throughout
criminal proceedings whether during the initial investigative or prosecutorial
phase or during the trial itself. The measures necessary will vary according to
the stage of proceedings.

During criminal
investigation, minimum levels of protection are required in relation to any
interviews with the victim. These should be carried out in a sensitive manner
and officials should have received appropriate training to this end. Such training
should ensure that officials know appropriate methods of interviewing which
will take account of a victim's particular situation, minimise distress and
maximise the collection of high-quality evidence. To this end, it may be
necessary, according to the vulnerability of the victim, that interviews are
only carried out in appropriate premises. This may mean premises which allow
for video interviews or simply where furniture for example is adapted for
children or persons with disabilities.

Vulnerable victims
can find the interview process highly distressing, particularly where the crime
is of a very personal nature. Establishing trust with the interviewer can be
important and may only happen over a period of time. For this reason, this
article requires that in most cases a vulnerable victim is to be interviewed by
the same person. Exceptions are permitted for reasons of good administration,
such as an urgent need to interview someone else or the unavailability of the
usual interviewer. For similar reasons, in cases of sexual violence, victims
should have the right to be interviewed by a person of the same gender.

During the
trial itself, protection from intimidation, whether intentional or not, is also
a relevant factor when determining appropriate protection measures. This
article establishes minimum measures for this purpose as well as to minimise
the distress of, in particular, testifying. Measures to enable the victim to
avoid visual contact with the defendant are established as well as measures to
exclude members of the public and press. In particular, in order to ensure that
the fundamental rights of an accused or suspected person are respected, the
decision on whether such measures are to be taken is left to judicial
discretion. However, the fact that a victim is a child, a person with a
disability, a victim of sexual violence or of human trafficking combined with
the individual assessment should provide a strong indication of the need for a
protection measure.

Given the
particular vulnerabilities of children, additional measures should also be made
available and utilised in normal circumstances. Article 22 provides that
interviews may be videotaped and used as evidence in court and that in
appropriate cases, where a child does not have a representative, the judicial
authority should appoint one.

Article 24 –
Training of practitioners

The purpose of
this Article is to establish training requirements for public officials who
come into contact with victims. The level, type and frequency of training
including any specialist training should be determined in accordance with the
extent and nature of the officals' contact with victims as well as, in
particular, whether they are in contact with specific groups of victims.

Training should
cover issues which will assist officials to treat victims in a respectful
manner, to identify protection needs and to provide them with appropriate
information to help them cope with proceedings and access their rights. Such
training should cover issues such as awareness of the negative effects of crime
on victims and the risk of causing secondary victimisation, skills and
knowledge, including special measures and techniques, required to assist
victims and minimise any trauma to the victim in particular from secondary
victimisation, recognising and preventing intimidation, threats and harm to
victims, the availability of services providing information and support
specific to the needs of victims and the means of accessing these services.

Additionally, this article ensures that
those providing victim support or restorative justice services should also be
trained to an appropriate level such that they treat victims in a respectful
and impartial manner and provide their services to professional standards.

4.           Subsidiarity principle

The objective
of the proposal cannot be sufficiently achieved by Member States alone, since
the aim of the proposal is to promote trust between them and it is therefore
important to agree on common minimum standards that apply throughout the whole
of the European Union. The proposal will approximate Member States' substantive
rules on rights, support and protection of victims of crime in order to build
mutual trust.

In addition,
there is a large cross-border element of victimisation with significant numbers
of EU citizens living, working and travelling around the EU and falling victim
to crime whilst abroad. Persons in such situations can find accessing their
rights particularly difficult and criminal proceedings can impose an additional
burden on them. Citizens should be able to rely on having access to a minimum
level of rights across the EU.

The proposal therefore complies with the
subsidiarity principle.

5.           Proportionality principle

The proposal complies with the
proportionality principle in that it does not go beyond the minimum required in
order to achieve the stated objective at European level and what is necessary
for that purpose.

2011/0129 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

establishing minimum standards on the
rights, support and protection of victims of crime

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,
and in particular

Article 82(2) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative act to the national
Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[20],

Having regard to the opinion of the
Committee of the Regions[21],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)
The European Union has set itself the objective
of maintaining and developing an area of freedom, security and justice, the
cornerstone of which is the mutual recognition of judicial decisions in civil
and criminal matters.

(2)
The Union is committed to the protection of victims of crimes and to the establishment of
minimum standards and has adopted Council Framework Decision 2001/220/JHA of 15
March 2001 on the standing of victims in criminal proceedings. Under the Stockholm programme, adopted by the European Council at its
meeting on 10 and 11 December 2009, the Commission and the Member
States have been asked to examine how to improve legislation and practical
support measures for the protection of victims.

(3)
The Resolution of the European Parliament of 26
November 2009 on the elimination of violence against women called on the Member
States to improve their national laws and policies to combat all forms of
violence against women and to act in order to tackle the causes of violence
against women, not least by employing preventive measures, and called on the
Union to guarantee the right to assistance and support for all victims of
violence.

(4)
Article 82(2) of the Treaty provides for the
establishment of minimum rules applicable in the Member States to facilitate
mutual recognition of judgments and judicial decisions and police and judicial
cooperation in criminal matters having a cross-border dimension. Point (c) of
Article 82(2) refers to 'the rights of victims of crime' as one of the areas
where minimum rules may be established.

(5)
Crime is as an offence against society as well
as a violation of the individual rights of victims. As such, victims should be recognised
and treated in a respectful, sensitive and professional manner in all contacts
with any public authority, victim support service or restorative justice
service taking into account their personal situation and immediate needs, age,
gender, disability and level of maturity and fully respecting their physical,
mental and moral integrity. They should be protected from secondary and repeat
victimisation and intimidation, should receive appropriate support to
facilitate their recovery and should be provided with sufficient access to
justice.

(6)
This Directive aims to amend and expand the
provisions of Framework Decision 2001/220/JHA. Since the amendments to be made
are substantial in number and nature, the Framework Decision should in the
interests of clarity be replaced in its entirety.

(7)
This Directive respects fundamental rights and
observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular it seeks to
promote the right to dignity, life, physical and mental integrity, private and
family life, right to property, and the rights of the child, the elderly and
persons with disabilities, and the right to a fair trial.

(8)
This Directive lays down minimum rules. Member
States may extend the rights set out in this Directive in order to provide a
higher level of protection.

(9)
A person should be considered a victim
regardless of whether a perpetrator is identified, apprehended, prosecuted or
convicted and regardless of the familial relationship between the perpetrator
and the victim. Family members of victims are also harmed as a result of the
crime, in particular the family of a deceased victim, who have a legitimate
interest in criminal proceedings. Such indirect victims should therefore also
benefit from protection under this Directive. Victims need appropriate support
and assistance even before reporting a crime. Such support can be crucial both
for the recovery of the victim and in any decision to ultimately report the
crime.

(10)
When providing information, sufficient detail
should be given to ensure that victims are treated in a respectful manner and
to enable them to make informed decisions about their participation in
proceedings and how to access their rights. In this respect, information
allowing the victim to know about the current status of any proceedings and their
progress is particularly important. This is equally relevant for information to
enable a victim to decide whether to request a review of a decision not to
prosecute.

(11)
Information and advice provided by public
authorities, victim support services and restorative justice services should as
far as possible be given through a range of media in a manner which can be
understood by the victim. It should also be ensured that the victim can be
understood during proceedings. In this respect, the victim’s knowledge of the
language used to provide information, their age, maturity, intellectual and
emotional capacities, literacy levels and any mental or physical impairment
such as those related to sight or hearing, should be taken into account.
Equally, limitations on a victim’s ability to communicate information should be
taken into account during criminal proceedings.

(12)
Justice cannot be effectively achieved unless
the victim can properly explain the circumstances of the crime they have
suffered and provide their evidence in a manner understandable to the competent
authorities. It is equally important to ensure the respectful treatment of the
victim and to ensure they are able to access their rights. Free of charge
interpretation should therefore always be available during questioning of the
victim and for their participation in court hearings. For other aspects of
criminal proceedings, the need of interpretation and translation can vary
depending on specific issues, the status of the victim and their involvement in
proceedings and any specific rights they have. As such interpretation and
translation for these other cases need only be provided to the extent necessary
for victims to exercise their rights.

(13)
Support, whether provided by governmental or
non-governmental organisations, should be made available from the moment a
crime takes place as well as throughout criminal proceedings and after such
proceedings in accordance with the needs of the victim. Support should be
provided through a variety of means, without excessive formalities and through
a sufficient geographical distribution to allow all victims the opportunity to
access such services. Certain groups of victims such as victims of sexual
violence, gender, race hate or other bias crimes or victims of terrorism may require
specialist support services due to the particular characteristics of the crime
they have fallen victim to.

(14)
Although the provision of support should not be
dependent on a victim making a complaint of an offence to a competent authority
such as the police, such authorities are often best placed to inform victims of
the possibility of support. Member States are therefore encouraged to establish
appropriate conditions to enable the referral of victims to victim support
services, including by ensuring that data protection requirements can be
adhered to.

(15)
Any review of a decision not to prosecute should
be carried out by a different person or authority to that which made the
original decision. The mechanisms or procedures for such a review should be
applied in accordance with national law.

(16)
Restorative justice services, including for
example victim-offender mediation, family group conferencing and sentencing
circles, can be of great benefit to the victim, but require safeguards to
prevent any further victimisation. Such services should therefore have as a
primary consideration the interests and needs of the victim, repairing the harm
done to the victim and avoiding further harm. Factors such as power imbalances,
and the age, maturity or intellectual capacity of the victim, which could limit
or reduce the victim's ability to make an informed choice or could prejudice a
positive outcome for the victim, should be taken into
consideration in referring a case to and in conducting a restorative process. Whilst private proceedings should in general be confidential,
unless agreed otherwise by the parties, factors such as threats made during the
process may be considered as requiring disclosure in the public interest.

(17)
Some victims are particularly vulnerable during
criminal proceedings to secondary and repeat victimisation and to intimidation
by the offender or his associates. Such vulnerability can broadly be identified
from the personal characteristics of the victim and the type or nature of the
crime. On this basis some victims such as children, persons with disabilities,
victims of sexual violence and victims of human trafficking are in most cases
vulnerable to further victimisation and in need of special protection measures.
Only in exceptional circumstances, such as balancing the fundamental rights of
the accused or suspected person, or where the victim so wishes, should access
to such protection measures be limited. In the case of victims of human
trafficking and victims of child sexual abuse, sexual exploitation and child
pornography, where specific and more detailed provisions are already included
in separate instruments adopted or in course of negotiation this Directive does
not deal with those same matters.

(18)
Beyond these categories, but again based on
personal characteristics and the crime, any person could be vulnerable. Only
through individual assessments, carried out at the earliest opportunity by
those in a position to make recommendations on protection measures, can such
vulnerabilities be effectively identified. The assessment should in particular
take into account age, gender and gender identity, ethnicity, race, religion,
sexual orientation, state of health, disability, communication difficulties,
relationship to or dependence on the suspected or accused person, previous
experience of crime, the type or nature of the crime such as organised crime,
terrorism, or bias crimes and whether the victim is a foreign victim. Victims
of terrorism require particular attention in any assessment given the varying
nature of such acts ranging from mass acts of terrorism to targetted terrorism
against individuals.

(19)
Victims who have been identified as vulnerable
should be offered appropriate measures to protect them during criminal
proceedings. The exact nature and extent of any such measures should be
determined through the individual assessment, in discussions with the victim
and in accordance with rules of judicial discretion. The victim's concerns and
fears in relation to proceedings should be a key factor in determining whether
they need any particular measure.

(20)
In applying the provisions of this Directive, children's
best interests must be a primary consideration, in accordance with the Charter
of Fundamental Rights of the European Union and the 1989 United Nations
Convention on the Rights of the Child.

(21)
In applying the provisions of this Directive,
Member States should ensure that persons with disabilities fully enjoy the
rights under the Directive on an equal basis with others, in accordance with the
UN Convention on the Rights of Persons with Disabilities, particularly the
Convention's provisions on the right to equal recognition before the law, equal
access to justice, the right to have access to information and accessibility to
premises as well as the freedom from inhuman or degrading treatment and freedom
from violence and abuse.

(22)
The risk of further victimisation either by the
offender or as a result of participation in criminal proceedings should be
limited by carrying out proceedings in a co-ordinated manner which treats victims
with respect and enables them to establish trust in authorities. Interaction
with authorities should be as easy as possible whilst limiting the number of
unnecessary interactions the victim has with them through for example video
recording of interviews and allowing its use in court proceedings. As wide a
range of measures as possible should be made available to practitioners to
prevent distress to the victim during court proceedings in particular as a
result of visual contact with the offender, his family, associates or members
of the public. To that end, Member States are encouraged to introduce, where
appropriate, feasible and practical measures enabling court facilities to
include separate waiting areas for victims. Protecting the privacy of the victim
can be an important means of preventing further victimisation and can be
achieved through a range of measures including non-disclosure
or limitations on the disclosure of information concerning the identity and
whereabouts of the victim. Such protection is particularly important for child
victims, including non-disclosure of the name of the child.

(23)
When, in accordance with this Directive, a
guardian and/or a representative is to be appointed for a child, those roles
may be performed by the same person or by a legal person, an institution or an
authority.

(24)
Any officials in criminal proceedings likely to
come into contact with victims should be trained to identify and meet the needs
of victims both through initial and ongoing training and to a level appropriate
to their contact with victims. This should include specialist training as
appropriate.

(25)
Member States should encourage and work closely
with civil society organisations, including recognised and active
non-governmental organisations working with victims of crime, in particular in
policy-making initiatives, information and awareness-raising campaigns,
research and education programmes and in training, as well as in monitoring and
evaluating the impact of measures to support and protect victims of crime.

(26)
Since the aim of establishing common minimum
standards cannot be sufficiently achieved by Member States acting unilaterally,
either at national, regional or local level, and could instead, due to the
scale and potential effects be better achieved at Union level, the Union may
adopt measures in accordance with the principle of subsidiarity as referred to
in Article 5 of the Treaty on European Union. In accordance with the principle
of proportionality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve that objective.

(27)
Personal data processed when implementing this Directive
should be protected in accordance with Council Framework Decision 2008/977/JHA
of 27 November 2008 on the protection of personal data processed in the
framework of police and judicial cooperation in criminal matters[22] and in accordance with the
principles laid down in the Council of Europe Convention of 28 January 1981 for
the Protection of Individuals with regard to Automatic Processing of Personal
Data, which all Member States have ratified.

(28)
This Directive shall not affect more far
reaching provisions contained in other EU acts which address the specific needs
of particularly vulnerable victims in a more targeted manner.

(29)
[In accordance with Articles 1, 2, 3 and 4 of
the Protocol on the position of the United Kingdom and Ireland in respect of
the Area of Freedom, Security and Justice, annexed to the Treaty on European
Union and to the Treaty on the Functioning of the European Union, the United
Kingdom and Ireland have notified their wish to participate in the adoption and
application of this Directive] OR [Without prejudice to Article 4 of the
Protocol on the position of the United Kingdom and Ireland in respect of the
Area of Freedom, Security and Justice, annexed to the Treaty on European Union
and to the Treaty on the Functioning of the European Union, the United Kingdom
and Ireland will not participate in the adoption of this Directive and will not
be bound by or be subject to its application][23].

(30)
In accordance with Articles 1 and 2 of the
Protocol on the position of Denmark, annexed to the Treaty on European Union
and to the Treaty on the Functioning of the European Union, Denmark is not
taking part in the adoption of this Directive, and is therefore not bound by it
or subject to its application.

HAVE ADOPTED THIS DIRECTIVE:

Chapter 1

INTRODUCTORY PROVISIONS

Article 1
Objectives

The purpose of this Directive is to ensure
that all victims of crime receive appropriate protection and support and are
able to participate in criminal proceedings and are recognised and treated in a
respectful, sensitive and professional manner, without discrimination of any
kind, in all contacts with any public authority, victim support or restorative
justice service.

Article 2
Definitions

For the purposes of this Directive:

(a)          ‘victim’ means

(i)      a natural person who has suffered
harm, including physical or mental injury, emotional suffering or economic loss
directly caused by a criminal offence;

(ii)     the family members of a person whose
death has been caused by a criminal offence;

(b)          'family members' means the spouse, non-marital cohabitee, registered partner,
the relatives in direct line, the brothers and sisters, and the dependants of
the victim;

(c)          'non-marital cohabitee' means a person who is living with the victim on
a stable and continuous basis without that relationship being registered with
an authority;

(d)          ‘registered partner’ means the partner with whom the victim has entered
into a registered partnership, on the basis of the legislation of a Member
State;

(e)          'restorative
justice services' means services which have as their objective to bring together the victim and the accused
with a view to reaching a voluntary agreement between them on how the harm arising from the offence can be
addressed;

(f)           'child' means any person below
18 years of age;

(g)          'a person with disability' means a
person who has a physical, mental, intellectual or sensory impairment which, in
interaction with various barriers, may hinder the full and effective
participation in society on an equal basis with others.

Chapter 2

PROVISION OF INFORMATION AND
SUPPORT

Article 3
Right to receive
information from first contact with a competent authority

Member States shall ensure that victims are
provided with the following information, without unnecessary delay, from their
first contact with the authority competent to receive a complaint concerning a
criminal offence:

(a)          where and how they can make a
complaint of a criminal offence;

(b)          details of the services or
organisations to which they can turn for support;

(c)          the type of support they can
obtain;

(d)          procedures following the making
of a complaint of an offence and their role in connection with such procedures;

(e)          how and under what conditions
they can obtain protection;

(f)           to what extent and on what terms
they are entitled to receive legal advice, legal aid or any other sort of
advice;

(g)          to what extent and on what terms
they are entitled to compensation, including time limits for making any
application;

(h)          if they are resident in another Member
State, any special arrangements available to them in order to protect their
interests;

(i)           any procedures for making
complaints where their rights are not respected;

(j)           contact details for communications about their case.

Article 4
Right to receive
information about their case

1.
Member States shall ensure that victims are
notified of their right to receive the following information on their case and
that they receive this information where they have expressed such a wish:

(a)     any decision, including reasons for
that decision, ending the criminal proceedings instituted as a result of the
complaint of a criminal offence made by the victim, such as a decision not to
proceed with or to end an investigation or prosecution, or a final judgment in
a trial, including any sentence;

(b)     information enabling the victim to
know about the state of affairs of the criminal proceedings instituted as a
result of the complaint of a criminal offence made by the victim, unless in
exceptional cases the proper handling of the case may be adversely affected;

(c)     the time and
place of the trial.

2.
Member States shall ensure that victims are
offered the opportunity to be notified when the person prosecuted or sentenced
for offences concerning them is released from detention. Victims shall receive this information where
they have expressed such a wish.

3.
Member States shall ensure that victims who state that they do not wish to receive the information referred
to in paragraphs 1 and 2 do not receive that
information.

Article 5
Right to understand and to
be understood

Member States shall take measures to ensure
that victims understand and can be understood during any interaction they have
with public authorities in criminal proceedings, including where information is
provided by such authorities.

Article 6
Right to interpretation
and translation

1.
Member States shall ensure that victims who do
not understand or speak the language of the criminal proceedings concerned are
provided if they so wish with interpretation, free of charge, during any
interviews or questioning of the victim during criminal proceedings before investigative and judicial authorities,
including during police questioning, and interpretation for their participation
in court hearings and any necessary interim hearings.

2.
In order to ensure that victims can exercise
their rights in criminal proceedings, Member States shall ensure that in all
other cases and at the request of the victim, interpretation is available, free
of charge, in accordance with the victims' needs and their role in those
proceedings.

3.
Where appropriate, communication technology such
as videoconferencing, telephone or internet may be used, unless the physical
presence of the interpreter is required in order for the victim to properly
exercise their rights or understand the proceedings.

4.
Member States shall ensure that a victim who
does not understand or speak the language of the criminal proceedings concerned
shall receive translations if they so wish, free of charge, of the following information,
to the extent that such information is made available to the victim:

(a)     the complaint of the criminal offence to
the competent authority;

(b)     any decision ending the criminal
proceedings related to the criminal offence reported by the victim including at
least a summary of the reasons for such a decision;

(c)     information essential to the victim's
exercise of their rights in criminal proceedings in accordance with their needs
and their role in those proceedings.

5.
Member States shall ensure that a procedure or mechanism is in place to ascertain whether the victim understands and speaks the language of the criminal proceedings and
whether they need translation and the assistance of an interpreter.

6.
Member States shall ensure that, in accordance
with procedures in national law, victims have the right to challenge a decision
finding that there is no need for interpretation or translation, and when they
have been provided, the possibility to complain that the quality of the interpretation
is not sufficient to exercise their rights or understand proceedings.

Article 7
Right to access victim
support services

1.
Member States shall ensure that victims and
their family members, in accordance with their needs, have access to free of charge,
confidential victim support services.

2.
As a minimum, such services shall provide:

(a)     information, advice and support
relevant to the rights of victims including on accessing state compensation schemes
for criminal injuries, and their role in criminal proceedings including
preparation for attendance at the trial;

(b)     information on or referral to, as
appropriate, specialist services;

(c)     emotional and psychological support;

(d)     advice relating to financial and practical
issues following the crime.

3.
Member States shall facilitate the referral of
victims, by the authority that received the complaint and other relevant
agencies, to victim support services.

4.
Member States shall promote the setting up or
development of specialist support services, in addition to general victim
support services.

Chapter 3

PARTICIPATION IN CRIMINAL
PROCEEDINGS

Article 8
Right of victims to have
their complaint acknowledged

Member States shall ensure that victims
receive written acknowledgement of any complaint made by them to an appropriate
authority of the Member State.

Article 9
Right to be heard

Member States shall ensure that victims may
be heard during criminal proceedings and may supply evidence.

Article 10
Rights in the event of a
decision not to prosecute

1.
Member States shall ensure that victims have the
right to have any decision not to prosecute reviewed.

2.
Member States shall ensure that victims are
provided with sufficient information to decide whether to request a review of
any decision not to prosecute.

Article 11
Right to safeguards in the
context of mediation and other restorative justice services

1.
Member States shall establish standards to
safeguard the victim from intimidation or further victimisation, to be applied
when providing mediation or other restorative justice services. Such standards
should as a minimum include the following:

(a)     mediation or restorative justice
services are used only if they are in the interest of the victim, and based on
free and informed consent; this consent may be withdrawn at any time;

(b)     before agreeing to participate in the
process, the victim is provided with full and unbiased information about the
process and the potential outcomes as well as information about the procedures
for supervising the implementation of any agreement;

(c)     the suspected or accused person or
offender must have accepted responsibility for their act;

(d)     any agreement should be arrived at voluntarily and should
be taken into account in any further criminal proceedings;

(e)     discussions in mediation or other restorative
justice processes that are not conducted in public are confidential and are not
subsequently disclosed, except with the agreement of the parties or as required
by national law due to an overriding public interest.

2.
Member States shall facilitate the referral of
cases to mediation or other restorative justice services, including through the
establishment of protocols on the conditions for referral.

Article 12
Right to legal aid

Member States shall ensure that victims have access, in accordance with procedures in national law, to legal aid, where they have the status of parties to
criminal proceedings.

Article 13
Right to reimbursement of
expenses

Member States shall, in accordance with
procedures in national law, afford victims who
participate in criminal proceedings the
possibility of reimbursement of expenses incurred as a result of their
participation in criminal proceedings, including as a result of their
attendance at the trial.

Article 14
Right to the return of
property

Member States shall ensure that recoverable
property belonging to victims which is
seized in the course of criminal proceedings is returned to them without
delay, unless required for the purpose of criminal proceedings.

Article 15
Right to decision on
compensation from the offender in the course of criminal proceedings

1.
Member States shall ensure that, in the course
of criminal proceedings, victims
are entitled to obtain a decision on
compensation by the offender, within a reasonable
time.

The first
subparagraph shall not apply where national law provides
for restitution or compensation to be awarded in another manner.

2.
Member States
shall take measures to encourage
offenders to provide adequate compensation to victims.

Article 16
Rights of victims resident
in another Member State

1.
Member States
shall ensure that their competent authorities can take
appropriate measures to minimise the difficulties faced where
the victim is a resident of a Member State other than that where the
offence occurs, particularly with regard to
the organisation of the proceedings. For this purpose, the authorities of
the Member State where the crime took place shall, in particular, be in a
position:

–
to take a statement from the victim immediately
after the complaint of the criminal offence is made to the appropriate
authority;

–
to have recourse to the extent possible to the
provisions on video conferencing and telephone conference calls laid down in
the Convention on Mutual Assistance in
Criminal Matters between the Member States of the European Union of 29
May 2000 for the purpose of hearing victims resident abroad.

2.
Member States shall ensure that victims of criminal
offences in Member States other than the one
where they reside may make a complaint to the competent authorities of the
Member State of residence if they are unable to do so in the Member State where
the offence is committed or, in the event of a serious offence determined by national law, if they do not
wish to do so.

3.
Without prejudice to the jurisdiction of the
Member State receiving the complaint, the competent authority to which the
complaint is made shall transmit it without delay to the competent authority in
the territory in which the criminal offence was committed.

Chapter 4

RECOGNITION OF VULNERABILITY AND
PROTECTION OF VICTIMS

Article 17
Right to protection

1.
Member States shall ensure that measures are
available to protect the safety of victims and their family members from
retaliation, intimidation, repeat or further victimisation.

2.
The measures referred to in paragraph 1, shall
in particular include procedures for the physical protection of victims and
their family members, measures to ensure that contact between offenders and
victims may be avoided within premises where criminal proceedings are conducted,
and measures to ensure that the risk of psychological or emotional harm to
victims during questioning or when testifying is minimised and their safety and
dignity are secured.

Article 18
Identification of
vulnerable victims

1.
For the purposes of this Directive, the
following categories of victims are considered to be vulnerable due to their
personal characteristics:

(a)     Children;

(b)     Persons with disabilities.

2.
For the purposes of this Directive, the
following categories of victims are considered to be vulnerable due to the
nature or type of crime to which they have fallen victim:

(a)     Victims of sexual violence;

(b)     Victims of human trafficking.

3.
Member States shall ensure that all other
victims receive a timely and individual assessment, in accordance with national
procedures, to determine whether they are vulnerable, due to their personal
characteristics or the circumstances or the type or nature of the crime, to
secondary and repeat victimisation or intimidation.

4.
Member States shall ensure that all vulnerable
victims as identified in paragraphs 1, 2 and 3, receive a timely and individual
assessment, in accordance with national procedures, to determine which special
measures as provided in Articles 21 and 22 they should benefit from. Such an
assessment shall take into account the wishes of the vulnerable victim
including where they do not wish to benefit from special measures.

5.
The extent of the assessment may be adapted
according to the severity of the crime and the degree of apparent harm suffered
by the victim.

Article 19
Right to avoidance of
contact between victim and offender

Member States shall progressively establish
the necessary conditions to enable avoidance of contact between victims and
accused or suspected persons in any venue where victims may have personal
contact with public authorities due to their being a victim and in particular
venues where criminal proceedings are conducted.

Article 20
Right to protection of
victims during questioning in criminal investigations

Member States shall ensure that:

(a)     victims are interviewed without unjustified
delay after the complaint of a criminal offence has been made to the competent
authorities;

(b)     the number of interviews with
victims is kept to a minimum and interviews are carried out only where strictly
necessary for the purposes of criminal proceedings;

(c)     victims may be accompanied, where
appropriate by their legal representative, or a person of their choice, unless
a reasoned decision has been made to the contrary in respect of that person.

Article 21
Right to protection of
vulnerable victims during criminal proceedings

1.
Member States shall ensure that vulnerable victims
referred to in Article 18 benefit from the measures provided for in paragraphs
2 and 3 in accordance with an individual assessment as provided for in Article
18(4) and with rules of judicial discretion.

2.
Vulnerable victims shall be offered the
following measures during criminal investigations:

(a)     interviews with the victim carried
out in premises designed or adapted for that purpose;

(b)     interviews with the victim
carried out by or through professionals trained for that purpose;

(c)     all interviews with the victim
are conducted by the same persons unless this is contrary to the good
administration of justice;

(d)     all interviews with victims of
sexual violence are conducted by a person of the same sex.

3.
Vulnerable victims shall be offered the
following measures during court proceedings:

(a)     measures to avoid visual contact between victims and defendants including during the
giving of evidence, by appropriate means including the use of communication
technologies;

(b)     measures to ensure that the victim may
be heard in the courtroom without being present, notably through the use of
appropriate communication technologies;

(c)     measures to avoid unnecessary
questioning concerning the victim's private life not related to the criminal
offence; and

(d)     measures allowing a hearing to take
place without the presence of the public.

Article 22
Right to protection of
child victims during criminal proceedings

In addition to the measures provded for in
Article 21, Member States shall ensure that where the victim is a child:

(a)          in criminal investigations, all
interviews with the victim may be video recorded and such video recorded
interviews may be used, in accordance with national law, as evidence in
criminal court proceedings;

(b)          in criminal investigations and
court proceedings, judicial authorities appoint a special representative for
the victim where, according to national law, the holders of parental
responsibility are precluded from representing the child as a result of a
conflict of interest between them and the victim, or where the child is
unaccompanied or separated from the family.

Article 23
Right to protection of
privacy

1.
Member States shall ensure that judicial
authorities may adopt during the court proceedings, appropriate measures to
protect the privacy and photographic images of victims and their family members.

2.
Member States shall encourage the media to pursue
self-regulatory measures in order to protect victims' privacy, personal integrity
and personal data.

Chapter 6

GENERAL PROVISIONS

Article 24
Training of practitioners

1.
Member States shall ensure that police,
prosecutors and court staff receive both general and specialist training to a
level appropriate to their contact with victims to sensitise them to the needs
of victims and to deal with them in an impartial,  respectful and professional
manner.

2.
Member States shall ensure that members of the
judiciary have access to both general and specialist training to sensitise them
to the needs of victims and to deal with them in an impartial, respectful and
professional manner.

3.
Member States shall take measures to ensure that
those providing victim support and restorative justice services receive adequate
training to a level appropriate to their contact with victims and observe
professional standards to ensure such services are provided in an impartial,
respectful and professional manner.

4.
In accordance with the duties involved, and the
nature and level of contact the practitioner has with victims, training shall
as a minimum include matters relating to the impact that crime has on victims,
the risks of intimidation, repeat and secondary victimisation and how these can
be avoided and the availability and relevance of support to victims.

Article 25
Co-operation and
co-ordination of services

1.
Member States shall co-operate to facilitate more effective protection of
victims' rights and interests in criminal proceedings, whether in the form of
networks, directly linked to the judicial system or by means of links between organisations which provide support to victims,
including through the support of European networks dealing with victims'
matters.

2.
Member States shall ensure that those
authorities working with or providing support to victims work together to
ensure a co-ordinated response to victims and to minimise the negative impact
of the crime, the risks of secondary and repeat victimisation and the burden on
the victim due to interactions between the victim and criminal justice
agencies.

Chapter 7

FINAL PROVISIONS

Article 26
Transposition

1.
Member States shall bring into force the laws,
regulations and administrative provisions necessary to comply with this
Directive by [two years after the date of adoption] at the latest.

2.
Member States shall forthwith communicate to the
Commission the text of the provisions of national law which they adopt in the
field covered by this Directive, accompanied by a
correlation table between those provisions and this Directive.

3.
When Member States adopt those provisions they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
determine how such a reference is to be made.

Article 27
Provision of data and
statistics

Member States shall communicate to the
European Commission data related to the application of national procedures on victims
of crime by [two years after the date of adoption] at the latest.

Article 28
Replacement

Framework Decision 2001/220/JHA is hereby
replaced in relation to Member States participating in the adoption of this
Directive, without prejudice to the obligations of the Member States relating
to the time-limits for transposition into national law.

In relation to Member States participating
in the adoption of this Directive, references to the Framework Decision shall
be construed as references to this Directive.

Article 29
Entry into force

This Directive shall enter into force on
the twentieth day following its publication in the Official Journal of the
European Union.

Article 30
Addressees

This
Directive is addressed to the Member States in accordance with the Treaties.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               COM(2010) 623.

[2]               OJ C 115, 4.5.2010, p. 1; COM(2010)
171.

[3]               2969th JAI Council meeting, 23/10/2009, 14936/09
(Presse 306).

[4]               EU Citizenship Report 2010 - Dismantling the
obstacles to EU citizens’ rights - COM(2010) 603.

[5]               Resolution of 7 May 2009 of the European Parliament
on the development of a European Union criminal justice area (INI/2009/2012).

[6]               P_TA(2009)0098.

[7]               OJ L 101/1 .

[8]               OJ L [...].

[9]               OJ L164, 22.6.2002, p. 3.

[10]             OJ L 330, 9.12.2008, p. 21-23.

[11]             Directive 2011/36/EU of the European Parliament and of
the Council of 5 April 2011 on preventing and combating trafficking in human
beings and protecting its victims, and replacing Council Framework Decision
2002/629/JHA.

[12]             Proposal for a directive on combating the sexual abuse,
sexual exploitation of children and child pornography, repealing FD 2004/68/JHA.

[13]             Communication from the Commission to the Council, the
European Parliament, the European Economic and Social Committee and the
Committee of the Regions, An EU Agenda for the Rights of the Child - COM(2011)
60, 15.2.2011.

[14]             Council Directive 2004/80/EC of 29 April 2004 relating
to compensation to crime victims (OJ L 261, 6.8.2004, p. 15).

[15]             Communication from the Commission to the Council, the
European Parliament, the European Economic and Social Committee and the
Committee of the Regions, Strategy for equality between women and men
(2010-2015) - COM(2010) 491.

[16]             Framework Decision 2002/475/JHA of 13 June 2002 on
combating terrorism as modified by modified by Council Framework Decision
2008/919/ША of 28 November 2008 (OJ L 330, 9.12.2008, p. 21-23).

[17]             Hess
Burkhard, "Feasibility Study: The European Protection Order and the
European Law of Civil Procedure", soon available at:
http://ec.europa.eu/justice/index_en.htm.

[18]             APAV/Victim Support Europe, the Project "Victims
in Europe", 2009 (hereinafter referred to as the "APAV Report".

[19]             See e.g. APAV Report, The Implementation of the EU
Framework Decision on the standing of victims in the criminal proceedings in
the Member States of the European Union, Lisbon 2009; Bulgarian Centre for the
Study of Democracy, Project ONE: Member States' legislation, national policies,
practices and approaches concerning the victims of crime, Sofia 2009.

[20]             OJ C [...], [...], p. [...].

[21]             OJ C [...], [...], p. [...].

[22]             OJ L 350, 30.12.2008, p. 60.

[23]             The final wording of this recital in the Directive will
depend on the actual position of the United Kingdom and Ireland taken in
accordance with the provisions of protocol (No 21).