EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 20.4.2009 
SEC(2009) 476  
  
COMMISSION STAFF WORKING DOCUMENT 
Accompanying document to the  
COMMISSION'S REPORT 
based on article 18 of the Council Framework Decision of 15 March 2001 
on standing of victims in criminal proceedings 
[COM(2009)166 final] 
 
EN 2   EN COMMISSION STAFF WORKING DOCUMENT 
Accompanying document to the   
COMMISSION'S REPORT 
based on article 18 of the Council Framework Decision of 15 March 2001 
on standing of victims in criminal proceedings 
Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
Austria Sections 65 and 66 of the 
new Code of Criminal Procedure. Part 1, new Code of Criminal Procedure, Sec 1, par 2, new 
Code of Criminal Procedure 
Sections 198-209. new Code of Criminal Procedure.  Sec 10 Par 3, Sec 160 Par 2, 
Sec 161, Sec 165, Sec 229, Sec 247a, Sec 250 Par 3, new Code of Criminal Procedure; arts. 6(1)(3) and (2)(2) of the 
Federal Interior Minister's 
regulations adopting directives in the case of police intervention (RLV); art. 22(1)(5) Law on the security police (SPG) Sec 10 Par 3, Sec 160 Par 2, 
Sec 161, Sec 165, Sec 229, Sec 247a, Sec 250 Par 3, new Code of Criminal Procedure; arts. 6(1)(3) and 
(2)(2) of the Federal Interior 
Minister's regulations adopting directives in the case of police intervention (RLV); art. 22(1)(5) Law on the security police (SPG) Sec 67, Sec 156 Par 1, Subpar 
1 and 2, Sec 157 Par 1 Subpar 1, Sec 222 Par 1 of the new Code of Criminal Procedure  
Belgium  The Code of Criminal 
Procedure does not lay down 
a general definition of "victim". The term "victim" reflects the status chosen by the person concerned and the phase of the criminal 
proceedings 
Article 5a of the Preliminary Title of the Code of Criminal Procedure gives a definition Arts. 3bis of the preliminary 
title, Code of Criminal 
Procedure  Arts. 1 and 46, Law of 5 August 1992 on the police; Art. 123, Law on establishing an integrated police service, 
structured on two levels 
Royal Decree of 10 May 2006 establishing a code of conduct for the Police Arts. 91bis – 101, 190, 
Code of Criminal Procedure 
Ministerial directive of 16 July 2001 on audio-video recording of the hearing of minor victims or witnesses of crime  
Article 112ter Code of 
Criminal Procedure (inserted by the Law of 2 August 2002 on statements Arts. 4 and 5 of the 
preliminary title, Code of 
Criminal Procedure Arts. 47bis (investigation phase) and 70bis ("instruction" phase) of the Code of Criminal procedure  
Arts. 57 and 66-70 Code of 
Criminal Procedure Ministerial Directive of 16 July 2001 on audio-visual 
 
EN 3   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
of the "person harmed" 
("personne lésée); Article 63 of the Code of Criminal Procedure has a description of "civil party" (‘partie civile’) 
Article 1 (6) of the Law of 17 
May 2006 on the status of sentenced persons and on victims' rights (loi relative au statut juridique externe des 
personnes condamnées à une 
peine privative de liberté et aux droits reconnus à la victime dans le cadre des modalités d’exécution de la 
peine) describes the ‘victim’ 
from the point of view of serving the sentence.  Article 31 of the Law of 1 August 1985 on fiscal and other measures (Section II – 
State assistance for victims 
of intentional acts of violence and for occasional rescuers) Article 1 of the Cooperation agreement between the State 
and the Flemish Community 
on victim support, approved by law on April 11, 1999 and by decree by the Flemish Services 
Art. 44, last paragraph, of the Code of Criminal Procedure   Ministerial directive of 16 September 1998 on a worthy 
farewell of the deceased in 
case of intervention of judicial authorities (adopted by the COL 14/98 of the College of the Prosecutors 
general). (Directive 
ministérielle du 16 septembre 1998 concernant un dernier hommage à rendre au défunt en cas d’intervention des 
autorités judiciaires, repris 
dans le COL 14/98 du Collège des procureurs généraux). Common Directive of the Minister of Justice and the 
College of Prosecutors 
general COL 7/98 of 15 September 1997 on the reception of victims at the prosecutor's premises and 
courts. 
Ministerial Circular GPI 58 on police assistance to victims in the integrated, two gathered by audio-video 
methods)  
Ministerial Directive on searching of missing persons  
Ministerial Directive on the 
Sexual Assault Set (adopted 
by the COL 10/2005 of 15 September 2005 of the College of the Prosecutors general) (In French: 
Directive ministérielle 
relative au Set Agression Sexuelle, repris dans la COL 10/2005 du Collège des procureurs généraux)  
Joint Circular from the 
Ministry of Justice and the College of Prosecutors General COL 4/2006 of 1 March 2006 on criminal policy on domestic 
violence. 
Circular COL 3/2006 from the College of Prosecutors General on the definition of interfamilial violence and 
the extra familial 
mistreatment of children, the identification and registration of complaints recordings of minor victims or 
witnesses, Art. 112ter Code of Criminal Procedure (inserted by the Law of 2 August 2002 on statements gathered by audio-
video methods)  
 
EN 4   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
Community on 15 December, 
1998 contains definitions of ‘victim’, ‘victim care’, ‘victim assistance’, victim aid’, ‘victim services’ and social worker’.  
Ministerial Circular GPI 58 
on police assistance to victims in the integrated, two level police service ‘Mediation’ is defined in 
article 3b, second line of the 
Preliminary title to the Code of Criminal Procedure. 
(partially transposed)  
 level police service. 
 by the police and 
prosecutors Trafficking in human beings, inter alia : 
Law of 10 August 2005 amending various 
provisions in order to 
strengthen the fight against trafficking in human beings. Circulaire du Collège des Procureurs généraux COL 
1/2007 du 17 janvier 2007 
relative à la traite des êtres humaines Arrête royal du 27 février 2007 réglant le financement 
de l’accueil des victimes de 
la traite des être humains.  Circulaire du 26 septembre 2008 relative à la mise en œuvre d’une coopération multidisciplinaire 
concernant les victimes de 
la traite des être humains et/ou de certaines formes aggravées de trafic des êtres humains.  
Bulgaria  Art.1(1)(2), 74(1)(2)(3), 
Code of Criminal Procedure  
Additional provision of the 
Law on support and financial Arts. 74 – 88, Code of 
Criminal Procedure  Art. 48 – 49 and 140, Code 
of Criminal Procedure  
Art. 1(2), 21 – 24, Law on 
combating trafficking in Art. 75(1)(2), 82(1), 87(1)(2), 
Code Of Criminal Procedure   
 
EN 5   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
compensation to victims of 
crime, published in State Gazette No. 105/22.12.2006, in force from 01.01.2007  human beings  
Art. 1(1), 3 and 4, Law on protection against domestic violence  
Cyprus  Section 2, Law on combating 
of trafficking in persons and sexual exploitation of 
children (No. 3(I)/2000) 
Law on family violence (Prevention and Protection of Victims) [No. 119(I)/2000 and 212(I)/2004] 
(partially transposed)   Sections 3, 10 and 11, Law 
on combating of trafficking in persons and sexual 
exploitation of children (No. 
3(I)/2000) 
 Art. 10, 12, 26 and 31, Law 
on family violence (Prevention and Protection 
of Victims) [No. 
119(I)/2000] 
 Article 28(1), and art. 30 of 
Part II, Constitution  
Czech Republic  Art. 12, 43(1), Probation and 
Mediation Code of the Czech 
Republic. 
New laws are in preparation setting out differences between "victim" and "injured", on the role of 
victim support organisations 
in assisting victims and clarifying the difference between "proceedings" and "criminal proceedings". (partially transposed)  Art. 12(6), 43(1)(3), 46, Code 
of Criminal Procedure  
 Art. 1(1), 55(2), 101a, Code 
of Criminal Procedure Art. 43(1), 59(5), 101, Code of 
Criminal Procedure 
Denmark   Transposed provisions not 
communicated. Not governed by legislation 
in Denmark but by good administrative practice. Transposed provisions not 
communicated  Transposed provisions not 
communicated  
 
EN 6   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
Estonia  Art. 37 Code of Criminal 
Procedure  Art. 3 Victim Support Act  
(partially transposed)  Art. 9, 16 and 17 Code of 
Criminal Procedure  
 Transposed provisions not 
communicated  Art. 38(1)(2)(3), Code of 
Criminal Procedure  
 
France  Not transposed. Definitions 
in the FD correspond to what is understood in French law. Law of 15 June 2000 (title II, 
first chapter) Art. 99 Law of 15 June 
2000   
Finland   Section 14, Chapter 1 and 
Section 7, Chapter 6, 
Criminal Procedure Act 
Section 8, Chapter 17, Code of Judicial Procedure  Sections 1a and 
3(243/2006), Chapter 2, 
Criminal Procedure Act, 
Sections 6 and 15, Act on the Openness of Proceedings in General Courts n°. 370/2007, Sections 21, 34a and 41, 
Chapter 17, Code of 
Judicial Procedure. There are guidelines for domestic violence cases. There are specialised 
prosecutors ("key 
prosecutors") specialised in offences against women and children.  Section 14, Chapter 1 and 
Section 7, Chapter 6, Criminal 
Procedure Act 
Section 8, Chapter 17, Code of Judicial Procedure Section 12, Criminal Investigations Act  
Hungary  Arts. 42, 49, 51 and 54, 
221/A, Law XIX of 1998 on criminal procedure  
Article 2(1)(2), Act No. 
CXXIII of 2006 on Mediation in Criminal Cases Art. 1 Act CXXXV of 2005 Art. 51, 53, 54, 75, 77, 
170,171, 173, 198, 199, 229, 136, 236, 237, 243, 283, 286, 
295(1)(b), 316, 318, 324, 
367/A (1)(c), 386, 417, Law XIX of 1998 on criminal procedure  Art. 86, 96-98, 124, 207, 
213, 237, 244/A, 280, 294,  
Law XIX of 1998 on 
criminal procedure  
Art. 2, 3, 16, Law LXXXV 
of 2001 on the Protection 
Programme for persons Art. 53, 54, 85, 88, 171, 185, 
199, Law XIX of 1998 on criminal procedure   
 
EN 7   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
on Crime Victim Support and 
State Compensation 
(partially transposed)   participating in criminal 
proceedings and for those 
providing assistance in the 
administration of justice  
Germany  Arts. 58a, 68, 168e, 247, 
247a, 255a, 403-406d Code of Criminal Procedure; arts 
46a, 56b, Criminal Code, 
art.172 of the law on judicial organisation, points 89,117,135 of the Guidelines on criminal procedure. Arts. 58a, 168e, 247, 247a, 
255a, 403-406d Code of Criminal Procedure; art.172 
of the law on judicial 
organisation,  Not communicated 
Italy  Art. 90 Code of Criminal 
Procedure   
(partially transposed)  Art. 90 et seq ., Code of 
Criminal Procedure 
 Art. 90 and 609 decies, 
Code of Criminal Procedure Art. 17 Law no. 128 of 26 
March 2001 
 Art. 90, 194, 351, 362, Code 
of Criminal Procedure 
 
 
 
Ireland   Chapter 8 Domestic 
Violence Act 1996 Section 5 Criminal Justice Act 
1993 (sexual offences only) 
Lithuania  Art. 28 Code of Criminal 
Procedure Art. 7, 28, 44, 178, Code of 
Criminal Procedure  Art. 9(2), 185, 186, 276(2), 
280, 199, Code of Criminal Procedure  Law on the Protection of Participants in the Criminal 
Process and Operational 
Activities, of Officials of Justice and Law Enforcement Institutions from Criminal Impact.  Art. 183(2), 185, Code of 
Criminal Procedure  
Luxembourg   Governmental decree of 20 
September 2001 and art. 77 Arts. 48-1, 79-1 and 158-1 
of the Code of Criminal Arts. 1, 56, 69, 88, 133 and 
134-1 of the Code of Criminal 
 
EN 8   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
of the Law of 7 March 1980. Procedure 
Draft law not yet in force.  Procedure. 
Draft Law not yet in force 
Netherlands, The  Not communicated. Terwee Regulation 
(Instruction of the 29 June 1999 and Law of 23 December 1992. Directive on the treatment 
of victims of sexual offenses of 16 February 1999, Directive on sexual abuse in dependent 
relationships of 16 February 
1999 (AB to check) Instruction of the 26 June 
1999, Arts 51 and 334 of the Code of Criminal Procedure. 
Poland  Article 23, 49(1), Code of 
Criminal Procedure 1999 Charter of Victims Rights 
(partially transposed)  Art. 30, Polish Constitution  
Art. 2(1)-3, 177(1a), 184, 191(3), 339(5), 341(1), 343(5), 360-364, 384(2), 390(2), Code of Criminal Procedure Art. 51(2)(3), 185a, Code of 
Criminal Procedure  Art. 9, 96(2), 116, 171, Code 
of Criminal Procedure  
Portugal1 Article 1 of the Law n° 
423/91 of 30 October 91 
Law n° 119/83 of 23 February 1983. Status of APAV – n° 159 of 12 July 1990 and n° 27 of 1 February 1991 
Article 42 of the Law 66/99 
of 14 September 1999. Article 4/1 Law 21/2007 of 12 June on Mediation in Criminal Proceedings Art. 87(2), (3), 92, 93, 
131(3), 271, 349, 352(1) 
Code of Criminal Procedure; Law n° 30-E/2000 of 20 December 2000, Law n° 93/99 of 14 July 1999. Art. 87(2), (3), 92, 93, 
131(3), 271, 349, 352(1) 
Code of Criminal Procedure; Law n° 30-E/2000 of 20 December 2000, Law n° 93/99 of 14 July 1999. Article 2/3 v) 
and d) of Law 21/2007 of 7 
June (excludes penal mediation in crimes against sexual freedom or sexual self determination cases Arts. 131-133 Code of 
Criminal Procedure. 
                                                 
1 Portugal: On 20 November 2008, the Council of Ministers approved the Draft Law on the legal regime applicable to the preventio n of domestic violence, protection and 
assistance to its victims, revoking Law 107/99 and Decree-Law 323/2000. 
 
EN 9   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
where the victims is under 
16); article 88/2/c (restricts the publication of the identity of victims of certain crimes, except when there is express consent).  
Romania  Art. 24, Code of Criminal 
Procedure   
Art. 1, Law 192/2006 on mediation and professional organisation of mediators.  
(partially transposed)  Art. 15, 17 – 21, 173 and 
174, Code of Criminal 
Procedure Art. 26 – 44, Law no. 
678/2001 on the prevention 
and combating of trafficking in human beings  Art. 76, Code of Criminal 
Procedure 
Slovakia  Sections 12(16), 43(1), Code 
of Criminal Procedure  
(partially transposed)  Sections 43, 44, 44a, 50, 70, 
103a, 154, 158a, Code of Criminal Procedure Section 45, 101b, Code of 
Criminal Procedure Sections 43 and 101b, Code of 
Criminal Procedure 
Slovenia  Art. 144(a)(6), 161a, 
Criminal Procedure Act  
Ministry of Interior Guidelines no. 2214-1-31/1-04/02, 30 March 2004  
(partially transposed)  Transposed provisions not 
communicated  Art. 64, 65(3), 178(4), 
331(4)(5), Criminal 
Procedure Act  
 Art. 59, Criminal Procedure 
Act 
Spain   Art. 57 Criminal Code; Law 
N° 32/1999 arts. 6-9 (victims of terrorism); Law 
N° 35/1995 arts. 1,2,5, 15 
(victims of violence and sexual offenses)  Arts. 302, Law N° 627 on 
criminal procedure (investigation); arts. 633, 651, 
652, 653, 734 (oral procedure)  
Sweden  Art. 13, Chapter 20, Code of 
Judicial Procedure  
(partially transposed)  Art. 8, Chapter 20; Art. 2, 
Chapter 22; Art. 1, Chapter 23; Art. 1, Chapter 47; Code of Criminal Procedure  Art. 2a and 17, Code on 
Preliminary Investigations [1947:948] Art. 1, 3, Law on Art. 8 and 9, Chapter 20: Art. 
2, Chapter 22, Code of Judicial Procedure  
 
EN 10   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
Law on compensation for 
criminal offences [1978:413] Arts. 2a, 5, 13 a-c, 14 and 17, Code on Preliminary Investigations [1947:948] counselling the civil party 
(2001:230) 
United Kingdom  England and Wales: the 
statutory Victims’ Code of 
Practice was introduced on 3 
April 2006 under section 32 of the Domestic Violence, Crime and Victims Act 2004. The Code defines victim as “any person who has made 
an allegation to the police, or 
had an allegation made on his or her behalf, that they have been directly subjected to criminal conduct under the 
National Crime Recording 
Standard (NCRS).” It also includes parents and guardians of those under the age of 17, and family members where the victim 
has been killed as a result of 
criminal activity. This definition and other terms used in the Code are consistent with Article 1. 
Scotland: Scottish Strategy 
for Victims Action Plan. England and Wales: Victims' 
Code of Practice gives 
victims legal rights for the 
first time and sets out a wide range of standards of service to ensure they are treated with respect and dignity. 
Partially transposed.  England and Wales: Youth 
Justice & Criminal 
Evidence Act 1999 
introduced special measures which provide particular support for vulnerable and intimidated victims (e.g. screens around the witness 
box, evidence out of the 
court by live link and an intermediary to help with communication difficulties) to enable them to give their 
best evidence in court. The 
Victims Code of Practice provides for an enhanced service for victims who are vulnerable or intimidated Scotland: Sexual Offences 
(Procedure and evidence) 
(Scotland) Act 2002.  England and Wales: Non-
statutory Victim Personal 
Statement (VPS) + proof of 
evidence statement.  Scotland:  
 
EN 11   EN Member State  Article 1 (Definitions)  Article 2 paragraph 1  
(Respect and recognition)  Article 2 paragraph 2 
(Victims particularly 
vulnerable)  Article 3 paragraph 1 
(Hearings)  
Partially transposed. 
 
EN 12   EN  
Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
Austria  Sec 67, Sec 156 Par 1, 
Subpar 1 and 2, Sec 157 Par 1 Subpar 1, Sec 158 Par 1 Subpar 1, Sec 161 Par 3 and Sec 222 Par 1 new Code of Criminal Procedure Sec 67, Sec 156 Par 1, 
Subpar 1 and 2, Sec 157 Par 1 Subpar 1, Sec 158 Par 1 Subpar 1, Sec 161 Par 3 and Sec 222 Par 1 new Code of Criminal Procedure Art. 25(3) of the Law on 
security police (SPG); art. 14 of the Law on Crime Victims; Sec 10 Par 2, Sec 66 Par 1 Subpar 4, Sec 67, Sec 70, Sec 111 Par 4 and Sec 
177 Par 5 of the new Code of 
Criminal Procedure; information brochure available on the Federal Ministry of Justice's site 
(http://www.bmj.gv.at) Art 8(1) RLV, art.25(3) of 
the Law on security police (SPG), art. 14 of the Law on crime victims, Sec 66 Par 1 Subpar 4, Sec 282 Par 2 of the new Code of Criminal 
Procedure 
Belgium  Arts. 4 and 5 of the 
preliminary title, Code of 
Criminal Procedure Arts. 47bis (phase de l’information) and 70bis (phase de l’instruction) of the 
Code of Criminal Procedure 
Art. 57 of the Code of Criminal Procedure Arts. 66-70 Code of Criminal Procedure Ministerial Directive of 16 
July 2001 on audio-visual 
recordings of minor victims or witnesses, Article 112ter Code of Criminal Procedure (inserted 
by the Law of 2 August 2002 
on statements gathered by Art. 28quinquies, 57(2), 
47bis, 70 bis, 91bis – 101, 
190, Code of Criminal Procedure Ministerial Directive of 16 July 2001 on audio-video 
recording of the hearing of 
minor victims or witnesses Article 112 Code of Criminal Procedure (inserted by the Law on statements gathered by audio-video methods)  
Ministerial directive on 
search for missing persons  
Ministerial Directive on the Sexual Assault Set (adopted by the COL 10/2005 of 15 
September 2005 of the 
College of Prosecutors- Art. 46, Law of 5 August 
1992 on the police, Art. 3bis 
of the preliminary title, Code of Criminal Procedure, Art. 5, Royal Decree of 17 September 2001 establishing 
rules on organisation and 
functioning of local police. Information leaflets are available on the Ministry of Justice's website (www.just.fgov.be
). 
 
Arts. 182, 195, 216ter and 553, §2, of the Code of Criminal Procedure  
 
Article 508/3, 3° of the Art. 5bis of the preliminary 
title, Code of Criminal 
Procedure  Arts. 182, 195 and 216ter of the Code of Criminal 
Procedure 
   
 
EN 13   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
audio-video methods)  general) (In French: 
(Directive ministérielle 
relative au Set Agression Sexuelle, repris dans le COL 
10/2005 du Collège des procureurs généraux)  Judicial Code  
Bulgaria  Arts. 82(1) and 87 Code of 
Criminal Procedure  Transposed provisions not 
communicated Art. 75 Code of Criminal 
Procedure  
Art. 6 and 7 of the Law on 
support and financial compensation to victims of crime  Art. 75 Code of Criminal 
Procedure  
 
Cyprus  Section 74(1)(e) and 76, Cap. 
155, Law on criminal procedure  Sections 9-14, Law on family 
violence (Prevention and 
Protection of Victims) [No. 119(I)/2000 and 212(I)/2004] Transposed provisions not 
communicated  At the level of Police: 
Central Bureau for Handling issues of Prevention and Combating of Violence in the 
Family and of Child Abuse 
and 24 hour Help Line for victims Advisory Committee on Violence in the Family 
appointed by the Council of 
Ministers  National Machinery for Women’s Rights  Booklets published by the 
Ministry of Justice and 
Public Order  Leaflets, publications, seminars/campaigns and website. NGO.  Ten Family Counsellors Art. 29 Constitution of 
Cyprus Section 112 and 112(1), Cap. 115, Law on criminal 
procedure  
 
EN 14   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
appointed in 2001 by the 
Welfare Department for the 
guidance and support of family members experiencing family violence 
Paragraph (h) not 
transposed  
Czech Republic  Arts. 43(1), 101, 102 Code of 
Criminal Procedure  Arts. 102, 221, 215(1) Code 
of Criminal Procedure  Art. 1(14), 14 and 46, Code 
of Criminal Procedure  
(partially transposed)  Art. 65(1), 130(1), 158(2), 
159(5), 173(3), 176(1), 
179c(4), 196(1), 198(2) and 314(2), Code of Criminal Procedure  
 
Denmark  Transposed provisions not 
communicated   
Not governed by legislation in Denmark but by good 
administrative practice. The police and prosecutors decide on a case by case basis how best to take the victim's 
testimony. Transposed provisions not 
communicated   Circular letter no. 12400 of 
24 October 2001 Circular letter no. 9601 of 1 
September 1998 
Circular letter no. 11560 of 25 November 1996 Section 1, 3, Order no. 1108 of 21 September 2007 
Communication no. 8/2007 
from the director of Public Prosecution on guidance to victims in criminal cases Circular letter of 4 July 2006 
from the Ministry of Justice 
This circular letter was issued in order to inform the police and the prosecution that all victims of a crime - and not just victims of a violent Circular letter no. 12400 of 
24 October 2001 Circular letter no. 9601 of 1 
September 1998 
Circular letter no. 11560 of 25 November 1996  
Section 2, 3, Order no. 1108 of 21 September 2007.  
 
EN 15   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
crime - shall be informed of 
the possibility to receive 
counselling. Circular letter of 22 
December 2006 was issued 
by the Ministry of Justice in order to inform the police 
and the prosecution that: 
- Victims and witnesses of road accidents or other accidents shall be informed of the possibility to receive 
counselling if it is deemed 
relevant. - The competence to issue general guidelines on counselling of victims has 
been transferred from the 
Ministry of Justice to the National Police.   Communication No 8/2007
 
This Communication, issued 
by the Director of Public 
Prosecutions, contains detailed directions on the guidance to be given to victims in criminal cases 
before, during and after trial. 
It also contains guidelines on the appointment of an attorney and a contact 
 
EN 16   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
person.  
Order No 1108/2007  issued 
by the Ministry of Justice, contains rules on the obligation of the police and the prosecution to give guidance and information 
and to appoint a contact 
person to victims in criminal cases.  Administration of Justice 
Act, Chapter 66 a (Section 
741 a-f)  
This Chapter contains rules on: - The appointment of an 
attorney to a victim of an 
offence (Section 741 a). - The obligation of the police to give guidance to the victim on the rules concerning appointment of an attorney 
(Section 741 b). 
- The right of the attorney to attend and intervene during trial and to access relevant documents (Section 741 c). 
- The competence to appoint 
the attorney (Section 741 d). - The obligation of the police and the prosecution to give 
 
EN 17   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
guidance/information to the 
victim on the expected/actual 
course of the case (Section 741 e). - The obligation of the prosecution to inform the victim of the indictment and 
time of the trial and of any 
appeal or reopening of the case (Section 741 f).  
Estonia  Art. 38(1) Code of criminal 
procedure  
 Transposed provisions not 
communicated   Art. 38(1), 41, 224, 236, 281, 
310, 344, Code of criminal procedure  
Art. 33, Victim Support Act  
Paragraph (h) not 
transposed Transposing provisions not 
communicated  
France  Art 427 of the Code of 
Criminal Procedure Transposed provisions not 
communicated  Art 40-1, 53-1 and 75 of the 
Code of Criminal Procedure Paragraphs a) and c): art 40-1 
and 80-3 Code of Criminal Procedure Paragraph b) not transposed. 
Finland  Section 14, Chapter 1 and 
Section 7, Chapter 6, 
Criminal Procedure Act 
Section 8, Chapter 17, Code of Judicial Procedure Section 12, Criminal Investigations Act  Section 12, Criminal 
Investigations Act  Section 6 Decree on 
preliminary investigation and 
enforcement no. 575/1988  
Information and leaflets are available on the Ministry of Justice's website (www.om.fi
). Information of 
importance to victims can 
also be found on the homepages of several authorities or organisations,   
Section 11 Criminal 
Investigations Act n° 
449/1987, Sections 3, 4 and 5, Decree on preliminary investigation and enforcement n° 575/1988, 
Section 12, Chapter 11, 
Criminal Procedure Act.  
 
EN 18   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
in Finnish, Swedish and 
English  
Hungary  Arts. 285, 290, 295, Law 
XIX of 1998 on criminal 
procedure  
 Arts. 63(2), 85, 86, 207, 280, 
294, Law XIX of 1998 on 
criminal procedure  
 Arts. 9, 51, 57, 62, Law XIX 
of 1998 on criminal 
proceedings  Arts. 1, 3 Law LXXX of 2003 on the provision of legal assistance 
Art. 3, IM Order 4/1999 (BK 
6.) on the victim - protection tasks of the Ministry bodies and the independent bodies under the direction of the Minister of the Interior 
Arts. 6, 9(1)(d), 9(1)(b)-(c), 
9(1)(a), 24(1), 24(2), 25, 26 Act CXXXV of 2005 on Crime Victim Support and State Compensation Paragraph (h) not transposed  
 Arts.170, 174, 185, 188, 190, 
193, 220, 221, 225, 219, 
267(2), 262(1)(2), 233(4), 332, Law XIX of 1998 on criminal procedure   
Germany Art. 397 of the Code of 
Criminal Procedure Transposed provisions not 
communicated  Information is available in 
German, French and English on the website of the Federal Ministry of Justice 
http://www.bmj.bund.de Art. 406d of the Code of 
Criminal Procedure, paragraphs 89 and 135 of the Guidelines on criminal 
procedure  
Italy  Art. 90, 194, 351, 362, Code 
of Criminal Procedure  Art. 187, 194, Code of 
Criminal Procedure  Not transposed  Art. 360, 369, 398, 406, 419, 
429, 465, 467, 519, 552, 
Code of Criminal Procedure   
Para. a and c not transposed  
Ireland  Section 5 Criminal Justice Section 5 Criminal Justice Ch arter for Victims of Crime Charter for Victims of Crime 
 
EN 19   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
Act 1993, Section 26(3) Civil 
Legal Aid Act 1995, Sections 
34 and 35 Sex Offenders Act 2001 Common-law legal systems place greater emphasis on previous Court decisions. 
Under the Irish criminal 
justice system victims are not treated as a party to the proceedings but may appear as a witness on behalf of the 
prosecuting State. Once a 
victim reports a criminal act to the Gardaí Síochána (police) they investigate the crime on behalf of the State.  Act 1993Section 28 Sex 
Offenders Act 2001Under 
Ireland's common law system victims are not considered to be parties to the proceedings and the supervision of the questioning of a witness 
(victim) is the prerogative of 
the Judiciary who have duties of care to both the defendant and the complainant. In Ireland ‘appropriate 
measures’ is a reliance on the 
independence of the Judiciary and their application of fairness in carrying out their duty of 
care to a victim during 
criminal proceedings. The questioning of victims of rape and serious sexual assault is covered by specific legislation in recognition of 
the particularly sensitive 
nature of the possible line of questioning directed at a witness (victim). There is no need for any further 
legislative measures to 
transpose the measure outlined in paragraph 3(2). Sections 12, 15 and 16 of the (not statutory and not 
binding) (not statutory and not 
binding) 
 
EN 20   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
Criminal Evidence Act 1992 
as amended came into force 
in 2008 and provide that a victim of violent, sexual or human trafficking offence under the age of 14 may be interviewed by the Gardai or 
another trained person in an 
interview suite in a private location and a video recording of the evidence may be used as evidence in 
Court.  
Lithuania  Art. 28(2), Code of Criminal 
Procedure   
LT did not consider it 
necessary to introduce explicit legislation under this provision.  Arts. 45 and 46(2) Code of 
Criminal Procedure  
Specialised website www.teisinepagalba.lt  Arts. 28(2), 166(4), 168(3), 
181, 237, 308, Code of 
Criminal Procedure  
Luxembourg  Arts. 1, 56, 69, 88, 133, 134-
1 Code of Criminal Procedure.  
Draft Law not in force yet. Arts. 48-1, 79-1, 158-1 Code 
of Criminal Procedure.  
 Draft Law will cover this. 
Not in force yet. Paragraphs a) and b) to be 
covered by draft Law not in force yet. Paragraph c) art. 
190 Code of Criminal 
Procedure.  
 
Netherlands, The Art. 334 Code of Criminal 
Procedure.  
 Arts. 334, 187 and 216 Code 
of Criminal Procedure.  
 The Victim Support 
Instruction 
Paragraph h) not transposed 
 Article 12 ff. , Article 51d 
Code of Criminal Procedure 
 
 
EN 21   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
Poland  Art. 9 Code of Criminal 
Procedure  Arts. 1(1)(4), 185a and 366 
Code of Criminal Procedure  
Decisions of the Supreme Court and Attorney General's Guidelines of 9 April 2001 
(provisions not 
communicated)   Arts. 16 46, 62 and 87 Code 
of Criminal Procedure. A list 
of organisations that provide support to victims is posted on Ministry of Justice website. Victims are informed, inter alia, via a 
"victims' week" event. (h) 
Victims are informed of the mechanism set up under Council Directive 2004/80/EC on compensation 
(art. 10 of Law of 7/07/05 on 
state compensation for certain categories of offence committed intentionally). Victims are informed about 
NGOs working for victims. 
A bulletin on institutions and services provided by them to victims is being prepared by the Ministry of Justice under a “Facilitation of access to 
justice” project within the 
“Human Resources” Operational Programme financed by the European Social Fund, and will be 
distributed to the judicial 
authorities as well as law enforcement authorities by the end of 2008. An Art. 96(2), 100, 117, 305(4), 
334(5), 342(5), Code of 
Criminal Procedure  
 
EN 22   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
information campaign will 
also be launched within that 
project, covering information for victims. Partially 
transposed  
 
Portugal Art.69(2)(a), 74(2), 145, 262, 
271, 287, 289, 294, 316, 
340(1), 346-348, 360, 371 Code of Criminal Procedure The information 
communicated does not 
transpose this provision: Creation of INOVAR, charged with training the republican national guard (GNR) and the public 
security police (PSP). 
Resolution of the Council of Ministers n° 6/99, of 8 February 1999, extended by Resolutions of the Council 
of Ministers n° 10/2001 of 
30 January and 35/2002, of 15 February. Code of conduct of PSP and GNR. 
 Arts. 86, 89, 90, 313(2), 
277(3), 283(5), 372(4) Code 
of Criminal Procedure Paragraph h) not transposed.  
Arts. 277 (3), 283 (5) and 
372(4) Code of Criminal 
Procedure 
 
Romania  Arts. 67, 75 and 82, Code of 
Criminal Procedure  Arts. 70-74 and 77 Code of 
Criminal Procedure  Art. 3, 4, 5, 6, Law 211/2004 
on certain measures for 
assured protection of victims Art. 275, 277, 240 and 
360(1), Code of Criminal 
Procedure  
 
EN 23   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
of crime 
Paragraph (h) not transposed  Art. 187, Law no. 224/2006 
amending Law 302/2004 on 
international judicial cooperation in criminal matters   
Slovakia  Section 43, Code of Criminal 
Procedure  Section 101b, Code of 
Criminal Procedure  Section 46, Code of Criminal 
Procedure  
"Information for parties 
injured as the result of a criminal act" distributed to law enforcement agencies  
Paragraph (h) not 
transposed  Section 200(2), Code of 
Criminal Procedure  
Slovenia  Arts. 59, 177, Criminal 
Procedure Law  Transposed provisions not 
communicated  Guidelines of the Ministry of 
the Interior no. 2214-1-31/1-
04/02, 30 March 2004  
(partially transposed)  Transposed provisions not 
communicated  
Spain Art. 277 (lodging 
applications), arts. 656, 659(1) of the Law on Criminal Procedure (oral procedure) Art 15 (3) of Law N° 
35/1995  Points a), b), c) and e): art. 
109, 110, 788(4) of the Law on Criminal Procedure; Law N° 35/1995 on Services for Victims.  
Points d), f), g): art. 15, Law 
N° 35/1995; Instruction from the Secretary of State for Security N° 6/1997. Public Prosecutor's Circular 
n°2/1998  
Point h) not communicated  Points a) and c): art. 15(2) 
and 4 of Law N° 35/1995 Point b): arts. 3(1) and 649 of the Law on Criminal Procedure; art. 15 of Law N° 
35/1995 and circular N° 
2/1998  
 
EN 24   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
Sweden  Art. 6, Chapter 35, Code on 
Judicial Procedure  Art. 5 and 17, Code on 
Preliminary Investigations 
(1947:948)  Art. 13a-c and 14, Code on 
Preliminary Investigations 
(1947:948)  
Swedish Agency for Victims of Criminal Acts information brochure, available in several languages: Swedish, English, 
German, French, Spanish, 
Persian, Arabic, Russian, Turkish and Finnish.  Art. 13a-c and 14, Code on 
Preliminary Investigations 
(1947:948)  
United Kingdom  England and Wales: Non-
statutory Victim Personal 
Statement (VPS) + proof of 
evidence statement.  Scotland: the Criminal Justice (Scotland) Act 2003 on victim statements.  
 England and Wales: Non-
statutory Victim Personal 
Statement (VPS) + proof of 
evidence statement.  Non-statutory practice of police obtaining all information in one interview so as to avoid repeat 
attendance. 
 Scotland:  England and Wales: leaflets 
on Victims of Crime, Making 
a Victim Personal Statement, 
Giving a Witness Statement, Witness in Court, The Victim’s Code of Practice, Release of Prisoners. Available in 8 other 
languages according to the 
most common spoken languages by those for whom English is not the first language. Also available in 
Braille, audio-tape and large 
print. The website www.cjsonline.gov.uk
 also 
contains extensive information on the same 
themes. England and Wales:
 the 
Victims' Code of Practice 
requires the police, Crown 
Prosecution Service, Witness Care Units and Probation Service to provide all information listed. Scotland: the Criminal 
Justice (Scotland) Act 2003  
 
EN 25   EN Member State  Article 3 paragraph 1 
(Provision of evidence) Article 3 paragraph 2 
(Hearing of victims) Article 4 (Right to receive 
information) paragraph 1 Article 4 (Right to receive 
information) paragraph 2 
Scotland: the Criminal 
Justice (Scotland) Act 2003  
 
Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
Austria   Sec 177 Par 5 of the new 
Code of Criminal Procedure. Sec 177 Par 5 of the new 
Code of Criminal Procedure.  Sec 66Pars 1-5, Sec 126 Par 
1 new Austrian Code of 
Criminal Procedure (right to translation free of charge for non-German speakers)  
 Secs . 66, 67, 73, new 
Austrian Code of Criminal 
Procedure  
Belgium  Art. 2, 6° of the Law of 17 
May 2006 on the external 
legal status of persons 
sentenced to a custodial sentence and on rights conferred on the victim in relation to serving of 
sentences. 
Royal Decree of 29 January 2007 on the execution of Art. 2, 6° of the Law of 17 May 2006 on the external legal status of persons sentenced to 
a custodial sentence and on 
rights conferred on the victim in relation to serving of sentences. Ministerial Decree 
establishing a model for the 
victim's statement pursuant to See previous paragraph (not 
fully transposed) 
Art. 2, 6° of the Law of 17 
May 2006 on the external legal status of persons sentenced to a custodial sentence and on rights 
conferred on the victim in 
relation to serving of sentences: the victim may ask to be heard/informed + provisions in the implementing instruments 
(Royal and ministerial 
Decrees, and circulars, see previous paragraph) which lay down the ways in which the victim who has asked to 
be heard/informed may ask 
not to be further Art. 46, Law of August 5, 
1992 on the police  
Art. 123, Law on establishing 
an integrated, two level police service. Ministerial circular GPI 58 on assistance given to victims 
by the police service, 
structured on two levels.  Ministerial instruction PLP 10 of 9 October 2001 on the rules on the organisation and functioning of local police. 
Royal Decree of 10 May 
2006 establishing a Code of Conduct for police services  Art. 3bis of the preliminary title of the Code of Criminal 
Procedure  
Ministerial Directive of 15 Book IIIbis of the Judicial 
Code, including articles 
508/1 to 508/25 , on primary 
and secondary legal advice Art. 508/1, 1°, of the Judicial Code defines primary legal advice as legal aid granted by 
way of practical and legal 
information, an initial legal opinion or referral to court or to a specialised body. Art. 508/1, 2° defines secondary legal advice as legal advice 
granted to a natural person by 
way of a reasoned legal opinion or legal assistance in the context of proceedings or otherwise, including 
representation within the 
meaning of art. 728. The 
 
EN 26   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
Art. 1 4° of Royal Decree of 
29 January 2007 on the execution of Art. 2, 6° of the Law of 17 May 2006 on the external legal status of persons sentenced to a 
custodial sentence and on 
rights conferred on the victim in relation to serving of sentences. Circular COL 6/2007 of the 
College of Prosecutors –
general on courts that may impose sentences. Art. 2 6° of the Law of 21 April 2007 on interning 
persons suffering from 
mental health problems (not yet in force)  Law of 26 April 2007 on the availability of the court for 
applying sentences (tribunal 
de l’application des peines) (not yet in force)  heard/informed. 
Law of 21 April 2007 on interning persons suffering from mental health problems (not yet in force) and Law of 26 April 2007 on the 
availability of the court for 
applying sentences (tribunal de l’application des peines) (not yet in force) 
 
 September 1997  
Decree of 19 December 1997 of the Flemish Community on general social assistance  Decree of 18 July 2001 of the Walloon Region on social 
assistance to litigants  
Decree of 7 November 2003 of the French Community Commission from the Capital of Brussels Region  
Government Agreement Law 
on use of languages in judicial matters of 15 June 1935 with further amendments 
Arts. 332, 333, 47, Code of 
Criminal Procedure  advice can be wholly or 
partly free. Arts. 128, 162bis, 194, 211 and 369bis of the Code of Criminal Procedure  Legal advice is defined in art. 
664 of the Judicial Code. 
 
Bulgaria  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Art. 15(4), 21(2), 142, 474, 
Code of Criminal Procedure  Art. 100, Code of Criminal 
Procedure  Art. 8, 9, 10 and 11 of the 
Law on support and financial 
compensation to victims of 
 
EN 27   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
crime 
Legal Aid Law  
Cyprus  Section 112(1), Cap. 115, 
Law on criminal procedure  Not transposed  Transposed provisions not 
communicated Law on legal aid 
no.165(I)/2002 Government supports and subsidises programmes run by victim support 
organisations  
 
Czech Republic  Art. 44a, 70a(1)-j(2)(3) and 
321(4), Code of Criminal Procedure  Art. 44a, 70a(1)-j(2)(3) and 
321(4), Code of Criminal Procedure Art. 2(14), Code of Criminal 
Procedure Art. 51a, Code of Criminal 
Procedure  
Public administration supports and awards grants for programmes run by victim support organisations  
Denmark  Article 152 (1) Criminal 
Code (confidentiality clause) 
provides that a person who works in public administration may not transmit personal information.  Article 152 (e) Criminal 
Code 
It is not a breach of the confidentiality clause where the person is under an obligation to pass on the information in the public 
interest or in the interest of a 
specific individual. Decided on a case by case basis. Section 149, Act on 
Administration of Justice  
This provision contains rules on: - Use of translators when hearing persons who do not speak Danish (Subsection 1). 
- Translation of documents 
drafted in other languages to Danish (Subsection 2). - Special rules concerning persons from the Nordic 
countries (Subsection 3-4). 
- Hearing of deaf persons (Subsection 5-6). - Translation provided via Section 1, 2, 3, Order no. 
1108/21 September 2007  
Communication no. 8/2007 of the Director of Public Prosecution on guidance to victims in criminal cases Circular letter of 4 July 2006 
from the Ministry of Justice 
Circular letter of 22 December 2006 from the Ministry of Justice Sections 741a – 741f, 
Chapter 66a, 995, Act on 
Administration of Justice This provision contains rules on free legal aid to victims. 
 
EN 28   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
telecommunication 
(Subsection 7).   
Estonia  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Arts. 41, Code of criminal 
procedure  Art. 3, Victim Support Act   Art. 3-6, Victim Support Act  
Art. 4, 6(1), 10(5), State Legal Aid Act  
 
France    Article 41 (9), 102, 344, 345, 
407, 408 and 535 of the Code 
of Criminal Procedure  
 Art. 1 of 29 August 2002Law 
on steering and programming 
for internal security (LOPSI). 
Arts. 53-1 and 75 of the Code of Criminal Procedure : Art. 65 of Law n°2002-1138 of 9 September 2002 on steering and programming 
for justice 
Art. 9 of Decree n°2003-300 of 2 April 2003 amending Decree n°91-1266 of 19 December 1991 : 
Finland  Section 12, Chapter 2, Law 
on the enforcement of 
sanctions, amended by Law 
198/2002  
Section 14a, Law on pre-trial detention, amended by Law 199/2002 Section 12(2), Chapter 2, 
Law on the enforcement of 
sanctions, amended by Law 
198/2002  
Section 14a(2), Law on pre-trial detention, amended by Law 199/2002  Section 2, Chapter 6a, 
Criminal Procedure Act 
Section 37, Criminal 
Investigations Act  Sections 1 and 3, Chapter 1, 
Legal Aid Act 
Sections 1a, 3 and 10, 
Chapter 2, Criminal Procedure Act. FI government partially funds Victim Support 
Finland that provides 
services (e.g. national help line, legal help line and trained volunteers) to 
 
EN 29   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
victims.  
Hungary  Not transposed  Not transposed  Art. 9, 57, 114, Law XIX of 
1998 on criminal procedure  
 Art. 57(3), Law XIX of 1998 
on criminal procedure  
Art. 1 and 3(1-g),4,17, 18, 
19, 20, Law LXXX of 2003 on the provision of legal assistance Arts. 24-26 Act CXXXV of 
2005 on Crime Victim 
Support and State Compensation  
Germany   Art. 185 of the Law on Court 
Proceedings ("Gerichtverfassungsgesetz) on interpreters. Not fully transposed  Art 397a Code of Criminal 
Procedure  
Italy  Not transposed   Not transposed   Art. 143(2), Code of 
Criminal Procedure Art. 74, 80, 101, Code of 
Criminal Procedure  
Law of 11 August 2003 on measures against the traffic of human beings no. 228  609decies, Criminal Code 
Ireland  Charter for Victims of Crime 
– non binding 
Sex Offenders Act, 2001- 
makes provision for a Sex Offenders' Register. The Register is the property of the Garda Síochána and is not 
available to the public. In Charter for Victims of Crime 
– non binding Not fully transposed  The Garda Charter for 
Victims of Crime, available 
in seven foreign languages, 
can be accessed on website www.garda.ie
 translation 
services–provided to victims of crime free of charge by the 
guards. Commission for the Support 
of Victims of Crime provides 
funding for a National Crime 
Victims Helpline and for around 40 NGOs involved in providing services to victims  
-Garda Charter for Victims of 
Crime 
 
EN 30   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
exceptional circumstances, 
however, where there is an immediate or serious threat from a particular individual, they may decide to disclose the name of that individual to 
a person (victim) on a strict 
need to know basis. In the Victims’ Charter the Prison Service states that it is extremely conscious of a 
person’s plight as a victim 
and the potentially devastating consequences of some offences. The Service acknowledges that for every 
offender there is a victim and 
that for them the prevention of re-victimisation is a priority. They have stated that in cases of serious sexual assault or 
violent offence where a 
victim requests it they will notify the victim prior to the release of the offender. In respect of homicide, on 
request they will notify the 
family of the deceased, prior to the release of the offender. 
 The Courts Service provides 
information on a selection of court procedures in a range of languages in addition to English and Irish, this can be accessed on website 
www.courts.ie
 . Where a 
victim becomes a witness in a case a free translation service is made available. See also comments under 
Article 6.  -Civil Legal Aid Act, 1995  
-Information Booklets for the public on attending Court as a Witness available also on website www.dppireland.ie  
-Probation services  
The DPP will also arrange 
for pre-trial consultation with a victim of crime when called as a witness in a case. 
-Garda Charter for Victims 
of Crime 
 
EN 31   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
Lithuania  Articles 128(4) and 308(5) 
Code of Criminal Procedure Not transposed   Arts. 45, 181, 185, Code of 
Criminal Procedure  Art. 45 Code of Criminal 
Procedure  
Law on legal aid  
Luxembourg  Draft law not yet in force Draft law not yet in force  Art. 70 and 74, Code of 
Criminal Procedure  Art. 2 of 10 August 1995 
Law on legal aid  
 
Netherlands, The Not transposed   Not transposed   Arts. 191, 274 – 276 Code of 
Criminal Procedure  
Directive on interpreting 
support during investigations 
in criminal cases  Legal Aid Act: 0,5 hours free 
legal advice. Amendment currently being discussed 
increasing this to 3,5 hours. 
Not fully transposed. 
 
Poland  Art. 168a Code on Execution 
of Punishment Art. 253(3) Code of Criminal Procedure Art. 168a, Code on Execution 
of Punishment  Art. 253(3) Code of Criminal Procedure The authorities conducting 
the criminal proceedings inform victims about their rights and obligations at 
different stages of criminal 
proceedings (art. 16 CCP). Apart from that, if the victim is deaf or does not speak or understand Polish to a sufficient degree to follow 
questions and formulate the 
answers, translation of documents is given free of charge as well as interpretation during the 
hearing (art. 204 § 1 and 2 
CCP and art. 5 § 2 of the Law of 27/07/2001 on the system of common courts). Arts. 78(1), 87(1)(2), 88(1), 
Code of Criminal Procedure. The interdepartmental Group for Preparing the National 
Programme for Victims 
(NPV) was set up in 2007 to coordinate action by NGOs, local government authorities, social aid institutions and other bodies involved in 
helping victims. From 
October 2007 to June 2008 12 Local Support Centres were established within the pilot NPV in Mazovian, 
Silesian and Opolskie areas. 
Victims received comprehensive and interdisciplinary assistance 
 
EN 32   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
The victim can be assisted by 
a "proxy" in cases of communication difficulties about understanding the stages of proceedings (art. 87 CCP).  free of charge given by 
specialists in psychology and law. The pilot NPV provided for persons to accompany victims not only during the criminal proceedings but also 
after. The pilot NPV 
introduced an “emergency psychologist” who assists victims at the scene of the crime.  
Some parts of the pilot NPV 
will be continued under the “Assistance for Victims Network” project financed by the European Commission 
under the “Preventing and 
Combating Crime 2007” Programme. It is planned to establish a Local Support Centre within NGOs in each area in the project. Legal aid, 
psychological support, social 
aid and telephone help lines will be provided free of charge. The Centres will have staff to accompany 
victims. One of the project's 
aims is preparing and promoting best practice in the protection of victims.  
 
EN 33   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
Portugal Article 480/3 Code of 
Criminal Procedure.  Not transposed   Not transposed  
Romania  Not transposed  Not transposed  Art. 7 and 8, Law no. 
281/2003 amending the Code of Criminal Procedure Articles 76, 82 and 320(1) Code of Criminal Procedure Arts. 14–20, Law N°. 
211/2004 on certain measures for assured protection of victims of crime,  
Slovakia  Arts. 43(5)(6), 103 and 
321(4) Code of Criminal 
Procedure  Arts. 43(5)(6), 103 and 
321(4) Code of Criminal 
Procedure  Provisions not communicated Provisions not communicated  
Slovenia  Provisions not communicated  Provisions not communicated  Art. 8 Law on Criminal 
Procedure  Not transposed  
Spain Not transposed  Not transposed  Arts. 4, 142, 143 Law N° 
1/2000 of 7 January 2000 on Civil Procedure  Arts 440-442 Criminal Procedure Act Arts 771 and 775 Criminal 
Procedure Act 
Not fully transposed 
Sweden  Art. 13c, Code on 
Preliminary Investigations  
Art. 35, Act on the treatment 
in correctional institutions (1974)  Art. 13, Code on Preliminary 
Investigations  
Art. 35, Act on the treatment 
in correctional institutions (1974)  Art. 13 Code on Preliminary 
Investigations 
Art. 6, Chapter 5; Art. 1(1)-1, 
2, 10, Chapter 23; Code of Judicial Procedure Art. 13, 13b, 14(2), Code on 
Preliminary Investigations 
Act (1988:609) 
Art. 15, Chapter 20 and Art. 2(22); Art. 10, Chapter 23, Code of Judicial Procedure Art. 2, 7, Law on Legal Aid 
(1996:1619)  
Art. 11, Chapter 5, Social Services Act (2001:453) National organisations for victim support provide victims with information. 
 
EN 34   EN Member State  Article 4 (Right to receive 
information on offender's 
release) paragraph 3 Article 4 (Right not to 
receive information) 
paragraph 4 Article 5  
Communication safeguards Article 6 
Specific assistance to the 
victim 
United Kingdom  England and Wales: Victims' 
Code of Practice - violent and sexual offences only . N. Ireland: Prison Service Victim Information Scheme 
informs victims on a non-
statutory basis 
Not fully transposed 
Scotland: Criminal Justice 
(Scotland) Act 2003 – if 
sentence is >4 years, victim 
is informed of: - date of release from sentence; - date of death if prisoner 
dies before release; 
- if prisoner is transferred to a place outside Scotland; 
- if the prisoner becomes 
eligible for temporary 
release; 
- if the prisoner absconds 
or escapes from prison.  England and Wales: Victims' 
Code of Practice allows victims to opt out of any information listed under Article 4.  
N. Ireland: 
Criminal Justice review – non-statutory 
Not fully transposed 
 Scotland: 
Victim must sign up to receive information so if doesn't, won't receive it.  England and Wales: partial 
transposition within the Youth Justice & Criminal Evidence Act (1999) relating to vulnerable victims and witnesses; and also No 
Witness, No Justice project. 
 Scotland: AA scheme and the Police 2002 protocol.   
N. Ireland: Article 18 of the 
Criminal Evidence (NI) Order 1999, communication 
 
Gibraltar: availability of 
interpretation facilities. 
Not fully transposed England and Wales/N. 
Ireland: Victim Support, plus a wide range of specialist victim charities for victims of serious offences and Citizens Advice Bureaux.  
 
Scotland: victims are granted equal access to legal aid, compared to other applicants. 
Not fully transposed. 
 
 
EN 35   EN  
Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Austria  Witnesses: art. 2 - 23 of the 
1975 Law on Expenses; Victims: Sec . 381(1)(9) & Secs. 393(4) and (5) new Code of Criminal Procedure  Sec 10 Par 3, Sec 161 Par 1, 
Sec 162 and Sec 229 Par 1 Subpar 3 new Code of Criminal Procedure; arts. 22(1)(5) and 48(1) SPG  Sec 10 Par 3, Sec 161 Par 1, 
Sec 165, Sec 228 Par 4 and Sec 247a new Code of Criminal Procedure; Sec.7a(1)(1) Law on the 
Media  Sec 66 Par 2, Sec 165, Sec 
247a and Sec 250 new Code of Criminal Procedure. The prosecution service, together with those responsible for the 
victim's legal and 
psychological assistance help to organise "contact free" waiting periods for victims and witnesses.  
Belgium  Articles 36 à 39 of the Royal 
Decree on legal costs in 
criminal cases. 
Book IIIbis of the Judicial Code on primary and secondary legal advice  Arts. 128, 162bis, 194, 211 
and 369bis of the Code of 
Criminal Procedure (as amended by the Law of 21 April 2007 on lawyers' fees).   
Law of 1 August 1985  Article 22 of the Constitution 
Art. 28quinquies, 57, 190, 
Code of Criminal Procedure 
Instruction COL 7/99 Art. 378bis, Criminal Code Art. 80, Law of 8 April 1965 Arts. 86bis at 86quinquies of 
the Code of Criminal 
Procedure (introduced by the Law of 8 April 2002 on anonymous witnesses) Articles 102 at 111 of the Code of Criminal Procedure 
(introduced by the Law of 7 
July 2002 on rules for the protection of threatened witnesses) Article 112ter of the Code of 
Criminal Procedure 
(introduced by the Law of 2  Art. 378bis, Criminal Code  
Art. 28quinquies(3)(4), 
57(3)(4), Code of Criminal 
Procedure Ministerial Directive of 1 July 2005 on broadcasting search notices in the media 
and on the internet 
Joint Circular COL 7/99 from the Ministry of Justice and the College of Prosecutors General on information which judicial authorities and 
police services can transmit 
to the press by during the investigation phase. 
See also paragraph 1  Not transposed. 
BE states that in practice 
some courts have separate 
areas but that there are no legal provisions governing this. 
 
EN 36   EN Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
  August 2002 on statement 
gathering by audio-video methods)   
Bulgaria  Art. 189 Code of criminal 
procedure  Art. 12 and 14 Law on support and financial 
compensation to victims of 
crime Art. 32(1) Bulgarian 
Constitution  Art. 67(1)(2)(3), Code of criminal procedure  
Art. 9 – 12 and 15 – 31, Law 
on combating trafficking in human beings  Art. 4 and 5, Law on protection against domestic violence  
Law on protection of 
individuals at risk in relation to criminal proceedings  Art. 32(2) Bulgarian 
Constitution Art. 474 Code of criminal procedure  Art. 67 Code of criminal 
procedure  
Cyprus  Section 168, Cap. 155, Law 
on criminal procedure Rule 7, Order 40, Civil Procedures Rules  
 Law on protection of 
witnesses no. 95(I)/2001 (Part IV – Scheme for the Protection of Witnesses and 
Those Who Assist Justice)  
Administrative arrangement in place  Section 5(2), Law on 
protection of witnesses no. 95(I)/2001  Section 5(2), Law on 
protection of witnesses no. 95(I)/2001 
Czech Republic  Art. 51a(1)(2)(3), 154 and 
155 Code of Criminal Procedure  Arts. 55(2), 183a and 209(1) 
Code of Criminal Procedure  Art. 200(1) and 209(1) Code 
of Criminal Procedure  Courts are gradually being 
equipped with special waiting areas for victims and, in order to limit contacts 
between the witness and / or 
victim and the defendant, a guard may also be present. 
 
 
EN 37   EN Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Denmark  Art. 332(1)(2), 741 sexies, 
995 bis, 1007 - 1014 bis, Code of Civil Procedure  
Decree no. 712 of 17 November 1987, as amended by Decree no. 1180 of 15 
December 2000 
Decree no. 724 of 15 September 1997  Art. 123, 260 and 266 Penal 
Code Art. 264 Penal Code Department of Justice and 
Direction of judicial services circular letters of 28 September 2000 to police, prosecutors' offices and courts consulting on how to 
establish waiting areas for 
victims.  
Not fully transposed.   
Estonia  Art. 178(1)(4)(5) Code of 
criminal procedure  Arts. 67 and 37 (read 
together) Code of criminal procedure  Arts. 11, 13, 67 and 69 read 
with art. 37, Code of criminal procedure  Art. 67 and 69 read with art. 
37, Code of criminal procedure  
France  Witnesses: Law 666/1972, 
arts 1 and 3.  
Victims : Law 257/2002; 
chapter  9 art 8 of the Code of 
Criminal Procedure; Law 
935/1973 (art 10bis)  Security: Law 493/1995 
(arts; 1, 14, 20); Law 
898/1998 (art 2) Privacy: 
Law 945/1984 (arts 2 (2) and 
(5); Law 621/1999 (art 11 §2 
point 7); Code of Criminal 
Procedure (chapter 5 art 3(2) 
and Code of procedure 
(chapter 25, art 16 (1)  Arts. 97, 98, 99 of the Law of 
15 June 2000. Separate waiting areas are 
gradually being created. 
Not fully transposed 
Finland  Sections 1 and 3, Law on the 
payment from public funds of the costs of giving evidence, no. 666/1972  
Chapter 21, Code of judicial 
procedure Section 18, Act on Compensation for Crime Damage (1204/2005).  
 Sections 1, 14 and 20, Law 
on the police no. 493/1995  
Section 2, Act on the Restraining order n°. 
898/1998  Sections 6, 9, 15 and 24, Act 
on the Openness of Proceedings in General Courts no. 370/2007  Sections 34 and 34a, Chapter 
17, Code of Judicial Procedure  Section 20, Act on the 
Openness of Proceedings in 
General Courts no. 370/2007 Separate waiting areas for victims are gradually being built. In courts that do not have separate waiting areas,  
 
EN 38   EN Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
    provision can be made to 
direct victims and their alleged attackers to different parts of the court to wait.  
Hungary  Art. 338 and 340 read 
together with art. 74, Law XIX of 1998 on criminal 
procedure 
Art. 2, Joint JM-FM-IM Decree 21/2003 on advancing expenses in criminal proceedings  Art. 56, 95-98(A), 207, 213, 
224(A)(B)(C), 280, 294, Law XIX of 1998 on criminal 
procedure  
Art. 1, 2, 3, 16, Law LXXXV of 2001 on the Protection Programme for persons participating in criminal proceedings and for those 
providing assistance in the 
administration of justice Art. 74B, 77, 158, 213, 237, 
244C, Law XIX of 1998 on criminal procedure  The provisions 
communicated do not transpose paragraph 3  
Germany Witnesses: art. 71 Code of 
Criminal procedure and Law on the reimbursement of witnesses' and experts' expenses;  
Victims: art. 397a Code of 
Criminal procedure  Arts. 58a, 68, 168e, 247, 
247a, 255a Code of Criminal Procedure; points 117 and 135 of the Criminal Procedure Guidelines; arts. 
171a and 172 Law on 
Judicial Organisation  Arts. 58a, 168e, 247, 247a, 
Code of Criminal Procedure; point 129 of the Criminal Procedure Guidelines.  Arts. 58a, 168e, 247, 247a, 
Code of Criminal Procedure; points 117 and 135 
Italy  Art. 541 Code of Criminal 
Procedure  Arts. 45 et seq. DPR no. 115/02 Arts. 16bis and 16ter, Law 
no. 82/91  See previous paragraph  Art. 149 Code of Criminal 
Procedure  
Not fully transposed  
Ireland  Victims who have the status 
of witnesses are entitled to court expenses and the Garda 
Siochána must inform 
victims of this entitlement  Under the Victims' Charter, 
the Garda Siochána must ensure the safety of victims 
in the event of release from 
custody of an offender.  The Criminal Law (Rape) 
Acts 1981 and 1990 (and the Criminal Law (Incest 
Proceedings) Act 1995 cover 
cases of rape, aggravated  The Courts Service is 
providing victim support waiting facilities as part of 
their building programme. 
Efforts are being made to  
 
EN 39   EN Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
 under the terms of the 
Victims' Charter  sexual assault or incest. Legal 
restrictions are placed on reporting such cases. Victims Charter Chapter 2 The Children Act 2001 places restrictions on revealing the 
identity of a child victim and 
provides for the exclusion of the public from hearings.  provide such facilities in 
existing buildings under the Irish Court Service’s building and refurbishment programme. The Gardaí ensures that contact is not 
made. The Civil Liability and 
Court Act 2004 enables the Court Service to make provision for a building and refurbishment programme 
for its Courthouses. To date 
improved special waiting areas and consultation rooms have been provided at all major venues. A new 
Criminal Court Complex is 
currently being built in Dublin which will provide comprehensive facilities for victims of crime and their families including special 
waiting areas and 
consultation rooms. 
 
EN 40   EN  
Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Lithuania  Art. 81, 103, 104, 185, Code 
of Criminal Procedure  Art. 44, 199, 122, 154, 177, 
Code of Criminal Procedure  Art. 44, 260, Code of 
Criminal Procedure; Law on criminal proceedings on the safety of investigators and judicial agents against criminal activities  . Article 264 Council of 
Europe of Criminal Procedure.  Every effort is made to ensure that separate waiting areas are provided. All new 
court buildings are designed 
with separate waiting rooms. 
Luxembourg  Draft law – not yet adopted 
Not transposed Art. 8 Code of Criminal 
Procedure and draft law 
Not transposed   Not transposed Not transposed 
Netherlands, The Act on tariffs in criminal 
cases and the tariffs decision which is based on it. Costs which fall outside this 
provision will not be 
compensated. 
Not fully transposed. 
 Witness Protection Act, Act 
on the treatment of victims and witnesses and leaflet “Witnesses and criminal 
procedure”. The National 
Police Force has a witness-protection division which is charged with taking action in the interest of witnesses who 
require physical protection 
(on the order of the College of Procurators-General). General administrative measure in preparation 
governing Police and Public 
Prosecutor’s Office action in this context.  No provisions communicated. Newly built courthouses 
have separate waiting rooms for victims. In courthouses which do not have separate 
waiting rooms, other 
provisions are made where possible to prevent any contact between defendants and victims. Not fully transposed.  
 
EN 41   EN  
Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Poland  Arts. 618, 627, 628, 635-637, 
642-644, Code of Criminal Procedure  Decree of 26 October 1950 on the expenses of witnesses, experts and parties in judicial 
proceedings 
Ministry of Justice Regulation of 4 July 1990 on expenses for witnesses and parties in judicial 
proceedings Arts. 177, 184, 191(3), 360-
364, 390(2), Code of Criminal Procedure  Art. 72(1) -8, Penal Code  Art. 357(1)(2), Code of 
Criminal Procedure  Arts. 13(2) and 14(1)(6) Law of 26 January 1984 on the Press Some courts have special 
waiting areas for victims, and the number offering this facility is growing. 
Partially transposed  
Portugal Witnesses: Code of Legal 
Costs;  
Victims: arts. 317 and 514 
Code of Criminal Procedure; Arts. 200 (1)(a) and 204 (c) 
Code of Criminal Procedure; 
Law n° 93/99 of 14 July 1999, Decree Law 190/2003 on the Protection of Witnesses in Criminal 
Proceedings.  Arts. 86 – 90, 321 Code of 
Criminal Procedure  Art. 352 Code of Criminal 
Procedure. 
Separate waiting areas: 
provisions not 
communicated . 
Not fully transposed  
Romania  Arts. 189 – 193 Code of 
criminal procedure  
Art. 176, Law 224/2006 amending Law 302/2004 on international judicial cooperation in criminal 
matters  Art. 26, Law no. 678/2001 
on the prevention and 
combating of trafficking in human beings  Arts. 145 (1
2) & (3), 4531 (2), 
148(1) (e) , , 861, 862 865, 
1602 paragraph 31 and 32, 
1602a, 1604, 1608a and 290, 
Code of Criminal Procedure  Arts. 24 and 25, Law no. 678/2001 on the prevention 
and combating of trafficking 
in human beings Not transposed  
 
EN 42   EN  
Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Slovakia  Sections 44a(1)(2) and 
154(2) Code of Criminal Procedure  Sections 101 and 101b, Code 
of Criminal Procedure Arts. I, (1) – (19), Act no. 256/1998 on the protection of witnesses and the modification and amendment 
of certain laws Section 200(1) Code of 
Criminal Procedure Section 198(3) Code of 
Criminal Procedure  
Slovenia  Article 92 Criminal 
Procedure Act  Arts. 141a and 240a Criminal 
Procedure Act  Art. 240a Criminal Procedure 
Act Not transposed  
Spain Article 123 Criminal Code  Organic Law n° 19/1994; 
instruction n° 6/1997 from the Secretary of State for Security.  Privacy: Instruction n° 
6/1997; art. 15(15) of Law n° 35/1995; art. 680 Law on criminal procedure  
Separate waiting areas: art. 3 
(2) Organic Law n° 19/1994 
of 23 December 1994.  
Testimony of victims in the 
absence of the accused: art. 5 §4 Organic Law n° 19/1994; art. 9(1) Organic Law n° 1/1996 and art. 158 Civil Code  
Sweden  Art. 2, Chapter 22; Art. 5(2), 
Chapter 45, Code of Judicial 
Procedure  
Art. 3 Regulation on judicial expenses [1992:191]  
Regulation on reimbursement of witnesses' 
expenses (1982:805)  Law on population census 
(1991:481) 
Art. 15, Chapter 7; Art. 16, Chapter 9, Law on data protection [1980:100] Law on data with a personal character [1991:483] 
Law on security control of 
judicial proceedings (1981:1064).  Art. 4, Chapter 5; Art. 6, Chapter 9, Code of judicial Art. 21 (3)3 and 21, Code on 
preliminary investigations  
Art. 18, Chapter 36 and Art. 3, Chapter 37, Code of Judicial Procedure  Art. 18, Chapter 36 and Art. 
3, Chapter 37, Code of 
Judicial Procedure Most courts have special waiting areas for victims and efforts are underway to extend them  
 
EN 43   EN procedure  
Member State  Article 7 
Victims' expenses  Article 8 (Right to 
protection) paragraph 1 Article 8 (Right to 
protection) paragraph 2 Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
United Kingdom  England and Wales: Crown 
Prosecution Service 
(Witnesses' etc. Allowances) 
Regulations 1988, as amended Scotland: financial compensation to cover loss of earning, travelling 
expenses, and any other 
legitimate expenses incurred as a result of their attendance at and involvement in criminal proceedings. Gibraltar: expenses of 
travelling to Gibraltar are 
reimbursed.  England and Wales: Multi-
Agency Public Protection 
Arrangements (MAPPAs), 
under 2003 Criminal Justice Act. Non-statutory support from police on a case by case basis. 
Scotland: Community Safety 
Branches N. Ireland: Witness Protection Programme in v. serious cases. Otherwise, practical measures (e.g. panic 
alarms in victim's home).  England and Wales: 
Scotland: 
See previous paragraph.  In England and Wales, 
Scotland and N. Ireland, 
most crown courts have 
separate waiting areas. The UK does not consider that this should be done on a statutory basis. The Victims' 
Code of Practice requires tat 
court staff ensure that, where possible, at criminal proceedings in respect of relevant criminal conduct victims have, and are 
directed to, a separate 
waiting area and a seta in the courtroom away from the defendant's family or friends. Such facilities are available 
in nearly all courts.  
 
EN 44   EN  
Member State  Article 8 (Right to 
protection/giving evidence) 
paragraph 4  Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 
Austria  Sec 165 new Code of 
Criminal Procedure  Sec 67 , Part 17 (Secs 366-
373b) new Code of Criminal Procedure  Sec 67 Par 1, Sec 206 new 
Code of Criminal 
Procedure; arts. 34(1)(15) 
and 51(1) and (2) Criminal 
Code   Secs 69, 367 and 369 new 
Code of Criminal Procedure  
Belgium  
 See paragraph 1  
 Law of 1 August 1985  
Art. 67 and 216ter, Code of Criminal Procedure Not transposed 
Art. 216bis Code of 
Criminal Procedure  
Article 216ter Code of 
Criminal Procedure  Articles 63 à 70 Code of Criminal Procedure: civil party proceedings.  
 
Arts. 28 and 47 Law of 17 May 2006 on the external legal status of persons sentenced to a custodial sentence and on rights 
conferred on the victim in 
relation to serving of sentences. Art. 43bis, Criminal Code 
Art. 28sexies and 61quater, Code of Criminal Procedure 
Bulgaria  Arts. 123, 141, 474, Code of 
Criminal Procedure  Art. 22(1), Code of Criminal 
Procedure  Art. 73(1)(2), Code of Criminal Procedure  Transposed provisions not 
communicated  Art. 111, Code of Criminal 
Procedure  
Cyprus  Section 5(2) Law on 
protection of witnesses no. 
95(I)/2001  Law on compensation to 
crime victims no. 51(I)/97  Section 171, Cap. 155, Law 
on criminal procedure  Section 172, Cap. 155, Law on 
criminal procedure  
 
EN 45   EN Member State  Article 8 (Right to 
protection/giving evidence) 
paragraph 4  Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 
Czech Republic  Law on the special protection 
of witnesses and other parties in the criminal proceedings Art. 55(2), 183a, 209(1), Code of Criminal Procedure Arts. 43(3), 121, 126g, 
228(1), 229, 314f-e, Code of Criminal Procedure  Arts. 65(2), 307(1), 308(1), 
309(1), Code of Criminal Procedure Art. 80(1) Code of Criminal 
Procedure  
Denmark  Arts. 30, 30 bis, 30 ter, 31, 
31bis, 848, Code of Civil 
Procedure  Art. 991, 992, 993, Code of 
Civil Procedure  
Arts. 1 and 2, 6, 6bis, 7, 10, Law on compensation paid by the state to victims of criminal offences  See previous paragraph  Article 807 quinquets,  Code of 
Civil Procedure  
Estonia  Arts. 67 and 69 read together 
with art. 37 Code of Criminal Procedure  Arts. 7(1), 9 and 10 Victim 
Support Act  Transposed provisions not 
communicated  Art. 422(1)(2), Code of 
Criminal Procedure  
France  Art. 706-57 Code of Criminal 
Procedure allows victim to 
give police station as 
domicile. Arts 706-58 and 
706-61 provide for anonymous 
testimony in relation crimes 
carrying a sentence of 3 years 
or over.  
Not fully transposed.  Art. 706-15 Code of Criminal 
Procedure  Art. 41-2 Code of 
Criminal Procedure  Unless it is needed in the criminal proceedings, the 
victim's property is returned as soon as possible. Article 99 of the Code of Criminal Procedure allows the examining magistrate to order that the victim's 
property be returned even before 
the trial starts. During the investigation, the prosecutor may also order that the victim's property be returned, but subject 
to the accused's consent. See 
also arts. 373 and 478 - 480 Code of Criminal Procedure for the arrangements in different 
 
EN 46   EN Member State  Article 8 (Right to 
protection/giving evidence) 
paragraph 4  Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 
instances . 
Finland  Section 34a Code of Judicial 
Procedure  Sections 1, 3 and 9, Chapter 
3, Criminal Procedure Act. Sections 1 and 17, Act on 
Conciliation of Criminal and Certain Civil Cases (1015/2005) 
Section 8 Chapter 1, 
Criminal Procedure Act  
Section 6, Chapter 6, Penal Code  Section 11 and 17, Chapter 4, 
Coercive Measures Act (Pakkokeinolaki) n°. 450/1987  
Hungary  Arts. 85, 207, 237, 244A, 
280, 294, Law XIX of 1998 on criminal procedure  Arts. 54, 324, 335, 379, 584, 
Law XIX of 1998 on criminal procedure  Arts. 6 and 30 Act CXXXV 
of 2005 on Crime Victim 
Support and State Compensation  Art. 222, 224, 225, Law 
XIX of 1998 on criminal procedure  
Art. 36, 107A, Act no. IV of 
1978 on the Criminal Code  Art. 155, Law XIX of 1998 on 
criminal procedure  
Germany Arts. 58a, 168e, 247, 247a, 
255a Code of Criminal Procedure; art. 172 Law on Judicial Organisation  Arts. 403 – 406c 
Code of Criminal 
Procedure  Art. 46a, 56b Criminal 
Code; 155a,b Code of Criminal Procedure   
Italy  Arts. 147bis, 472(4), 498(4), 
Code of Criminal Procedure  
 Art. 74 et seq  and 538 Code 
of Criminal Procedure  Art. 62(6), Code of Criminal 
Procedure  Art. 262 and 263 Code of 
Criminal Procedure  
Ireland  Part 3 Criminal Evidence Act 
1992 provides for the giving of evidence by live television link in proceedings for sexual offences or the threat of violence to a person. A 
person under 17 or a person Malicious Injuries Acts 1981 
and 1986. Non-statutory Scheme of Compensation for Injuries Criminally Inflicted funded by the Department of Justice, 
Equality and Law Reform, Section 9 Criminal Damage 
Act 1991 provides for compensation to be paid by the guilty party where a victim's property is damaged. 
Children Act 2001 provides The return of a victim's 
property seized in a crime is standard practice for the Gardai where ownership is not in doubt, although it does not have a basis in statute.  
 
EN 47   EN Member State  Article 8 (Right to 
protection/giving evidence) 
paragraph 4  Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 
with a mental handicap may 
give evidence by live television link (and through an intermediary) at the discretion of the court. 
Section 39 Criminal Justice 
Act 1999 provides that in any proceedings on indictment for an offence, a person other than the accused may, with 
the leave of the court, give 
evidence through a live television link. Victim Support court accompaniment scheme 
provides support. A victim of 
a violent, sexual or human trafficking offence under the age of 14 may be interviewed by the Gardai or other trained personnel, in an interview 
suite in a private location and 
a video recording of the evidence may be used as evidence in court. A number of NGOs, supporting the 
victims of crime, now 
provide court accompaniment services, etc. to the victims.  provides for compensation to 
victims injured as a result of a crime.  for the making of reparation 
directly to the victim where the
 perpetrator is under 18. 
Under the same act, parents may be ordered to pay 
compensation to the victim 
of a crime perpetrated by their child.  
 
EN 48   EN Member State  Article 8 (Right to 
protection/giving evidence) 
paragraph 4  Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 
Lithuania  Arts. 9, 183(4), 185, 282, 
283(3) Code of Criminal Procedure  Art. 440(10) Code of 
Criminal Procedure  Law on compensation of the prejudice produced by violent offences  Arts. 59 and 107 Code of 
Criminal Procedure  Art. 38 Criminal Code  Art. 108 Code of Criminal 
Procedure  
Luxembourg  Art.190 Code of 
Criminal Procedure 
and draft law  Art. 3 Code of Criminal 
Procedure  Draft law Arts. 68 and 194-1 Code of 
Criminal Procedure  
Netherlands, The Art. 226a et seq.  Code of 
Criminal Procedure  Art. 167 3° Code of Criminal 
Procedure   Central Judicial 
Recovery Bureau  Art. 116, 4° Code of Criminal 
Procedure  
Poland  Art. 177, 185a, 360-364 
Code of Criminal Procedure  Art. 46 Criminal Code  
Art. 23, 49a, art. 62 – 70, 
Code of Criminal Procedure   Art. 23a Code of Criminal 
Procedure contains a 
mechanism encouraging offenders to pay compensation.   Article 230 Code of Criminal 
Procedure provides for the 
return to victims of objects that were taken for the purposes of criminal proceedings and are no longer needed. 
Portugal Arts. 271 and 352 Code of 
Criminal Procedure Art. 72(1) Code of Criminal 
Procedure; Decree-Law 
n°423/91 of 30 October 
1991, Law n°10/96 of 23 March 1996; Regulatory Decree n°4/93 of 22 February 1993; Law n° 
129/99 of 20 August 1999; 
Articles 72/1 and 82-A of the Code of Criminal Procedure; Law 129 /99 on the Anticipation of 
Compensation to Victims of Arts. 110 and 130 Criminal 
Code; arts. 46 and 8008 et 
seq Code of Civil Procedure Art. 186 Code of Criminal 
Procedure.  
 
EN 49   EN Member State  Article 8 (Right to 
protection/giving evidence) 
paragraph 4  Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 
Domestic Violence; Decree 
Law 423/91 on the Compensation of Victims by the State. 
Romania  Arts. 771 and 864 Code of 
Criminal Procedure  Arts. 15, 17 and 476 Code of 
Criminal Procedure  
Arts. 21 – 34, Law no. 
211/2004 on certain measures for assured protection of victims of crime Art. 163 Code of Criminal 
Procedure  Art. 169 Code of Criminal 
Procedure  
Slovakia  Sections 101b(1)(3) and 
200(1) Code of Criminal Procedure  Sections 43(1)(2)(3) and 
55(8) Code of Criminal Procedure  Not transposed  Section 73(3) Code of 
Criminal Procedure  
Slovenia  Art. 240a(5), Act on 
Criminal Procedure  Arts. 100 – 111 Act on 
Criminal Procedure  Art. 41 Criminal Code  Art. 224 Act on Criminal 
Procedure  
Spain Art. 15(15) Law n° 35/1995 
and art. 3(2) Law n° 19/1994 Art. 109 Criminal Code Art. 111 Criminal Code; 
arts. 536 and 589 Law on 
Criminal Procedure; Laws n° 35/1995 and 32/1999. Provisions not communicated 
apart from art. 2 of Royal 
Decree n° 2783/1976 which only covers obligations in part. 
Sweden  Art. 1(3), Chapter 5, Article 
1, Code of Judicial Procedure Art. 1 and 2, Chapter 22, 
Code of Judicial Procedure  
Law on compensation for 
criminal acts [1978:413]  Art. 25a, Regulation on 
communication of judgment in certain judicial 
proceedings [1990:893]  Chapter 27 Code of Judicial 
Procedure  
United Kingdom  England and Wales: Special 
measures include the use of 
screens round the witness box; clearing the public gallery; use of England and Wales: Criminal 
Injuries Compensation Act 
1995; Criminal Injuries Compensation Scheme (also covers Scotland). Separate England and Wales: Powers 
of Criminal Courts 
(Sentencing) Act 2000 Scotland: Left to judicial discretion England and Wales, Scotland: 
Non-statutory arrangements. 
Not fully transposed. 
 
EN 50   EN Member State  Article 8 (Right to 
protection/giving evidence) 
paragraph 4  Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 
communication aids; 
evidence-in-chief being the video recorded police interview; giving evidence from outside the court room 
over a live TV link; and the 
removal of wigs and gowns.  Scotland: Section 47 of the Criminal Procedure (Scotland) Act 
1995; Section 271 of the 
Criminal Procedure (Scotland) Act 1995; Vulnerable Witnesses (Scotland) Bill ( adopted? ) 
Not fully transposed.  but similar scheme in N. 
Ireland.  N .Ireland: Art. 14 Criminal 
Justice (Northern Ireland) Order 1994  
 
 
EN 51   EN  
Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
Austria  Sec. 69(2) , Part 11 (Secs. 
198-208) new Code of Criminal Procedure. See in particular Sec 200 Par 4 and 
Sec 204 which provide that a 
prosecution may be discontinued if the victim agrees to mediation.   See paragraph 1. In addition, 
Sec 34 Par 1 Subpar 15 of the new Code of Criminal Procedure provides that 
compensation paid should be 
taken into account in sentencing.  Provision not fully 
communicated. 
Videoconferences covered by 
247a Par 2 and Sec 165 of 
the new Code of Criminal 
Procedure. In principle jurisdiction 
cannot only be based on the fact that the victim of a criminal act is an Austrian 
citizen. Under Austrian law 
jurisdiction I sonly accepted in exceptional circumstances. Nevertheless victims may report criminal acts to the 
prosecution service. If 
Austria does not accept jurisdiction, the report will be transmitted to the competent authority in the other country 
via the official channels. 
Belgium  Arts. 3ter of the preliminary 
title, 163(last paragraph), 
195(4), 216ter, 553-555, Code of Criminal Procedure  Arts. 37(2), 37bis – 37quinquies, 45quater, Law of 8 April 1965 on the 
protection of minors  See previous paragraph  Law of 11 May 2005 
assenting to the MLA 
Convention and its Protocol  Arts.112 – 112 bis of the Code of Criminal Procedure (inserted by the law of 2 August 2002 on taking 
statements by audiovisual 
means) Provision not communicated.  
Bulgaria  Law on mediation Article 17 Law on mediation  
Art. 24(4-3) Code of criminal procedure  Arts. 2(2), 21(2), 134, 142, 
139(7), 141, 178(7), 189, 474, Code of criminal procedure  Art. 27 Law on support and Arts. 11 and 73(2) Code of 
criminal procedure 
 
EN 52   EN Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
financial compensation to 
victims of crime Chapter 5 Law on Combating Trafficking in Human Beings Article  5 Protection Against 
Domestic Violence Law  
Law on Child Protection Law on Protection of Individuals at Risk in Relation to Criminal 
Proceedings  
Cyprus  Not transposed  Not transposed  Law No. 25(III)/2004 on the 
ratification of the Convention 
on Mutual Assistance in Criminal Matters  Not transposed  
Czech Republic  Arts. 2(2), 4(2)-b(3), 
27b(1)(2), 184(2)(3), Law on the probation service and mediation See previous paragraph  Arts. 158(3a)(8), 158a, 
164(1), 183a and 444 Code of criminal procedure Notice of the Federal 
Ministry of Foreign Affairs No. 550 of 1992  
Denmark  Mediation was introduced by 
a pilot project in 1994, 
extended in 2003 and 2007. 
In March 2007, the Danish Government set up a committee to assess victim-offender mediation. Results 
not communicated. See previous paragraph  Art. 747 Code of Civil 
Procedure 
Bill no. L 141 of 27 February 
2002 on transposing the Convention on Mutual Assistance in Criminal Matters. Art. 742 Penal Code  
Estonia  Art. 203 and 203 Code of 
criminal procedure  Art. 203 and 203 Code of 
criminal procedure  Art. 31(3) and 69 Code of 
criminal procedure  Transposed provisions not 
communicated  
France  Art. 41-1 Code of Criminal Art 41-2 (19)-(27) Code of Transposed provisions not Transposed provisions not 
 
EN 53   EN Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
Procedure  Criminal Procedure communicated.  communicated although this 
is allowed under French law.  
Finland  Act on Conciliation of 
Criminal and Certain Civil Cases  
Section 8, Chapter 1, 
Criminal Procedure Act  
Section 6, Chapter 6, Criminal Code  Section 8, Chapter 1, 
Criminal Procedure Act  
Section 6, Chapter 6, Criminal Code  Section 23 Criminal 
Investigations Act n°. 449/1987 Provisions transposing MLA 
Convention: 
Section 22, Criminal Investigations Act Section 34a, Chapter 17, Code of Judicial Procedure  Sections 1(1) and 2(2), 
Decree on preliminary investigation and enforcement n°. 575/1988 
Provisions transposing EC 
Directive 2004/80/EC: Chapter 6, Act on Compensation for Crime Damage (1204/2005).  
Hungary  Arts. 221A, 224, 225, 226, 
Law XIX of 1998 on criminal procedure  Art. 221A(7) Law XIX of 
1998 on criminal procedure  
Art. 36, 107/A, Act No IV of 
1978 on the Criminal Code  Arts. 207, 211, 244A Law 
XIX of 1998 on criminal procedure  
Arts. 36, 37, 43, 45,49, 53, 
54 and 172 Law CXXX of 2003 on Mutual Assistance in Criminal Matters between EU Member States  Art. 172 Law CXXX of 2003 
on Mutual Assistance in Criminal Matters between 
EU Member States 
Germany Art. 155a Code of Criminal 
Procedure Art. 380 Code of Criminal 
Procedure Statement: Transposed 
provisions not 
communicated. Videoconference: Arts. 58a, 
168e, 247a and 255a Code of Criminal Procedure Transposed provisions not 
communicated.  
Italy  Art. 29(4) et seq ., Legislative 
Decree 274/2000 Art. 47(7) Law 354/1975 
Arts. 9-27 and 28, 
Presidential Decree 448/1988  See previous paragraph  Arts. 147bis, 392, 512bis and 
502 Code of Criminal Procedure  Art. 333 Code of Criminal 
Procedure 
 
EN 54   EN Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
Ireland  Children Act 2001 for 
juveniles under 18 provides for a restorative conference or restorative caution included in the Garda 
Juvenile Diversion 
Programme and a court order restorative justice conference through the Probation Service 
Criminal Justice (Community 
Service) Act 1983 
No statutory provision for 
those 18 and over.  When a Garda conference is 
held in relation to a young person, mediation may take place with the victim (section 24(b) Children Act, 2001). 
The conference may change 
the level or length of time of supervision of the young person, but must take account of the young person’s attitude 
to the victim. (Section 
38(4)(f), Children Act 2001) An action plan arising from the conference may include an apology by the child to the 
victim and financial or other 
reparation to the victim. (Section 39(2), children Act 2001). A Court ordered Probation Service Conference may 
mediate between the victim 
and the young offender. (Sections 29(b), 39(3), 78, 79, 80 and 85). The conference convenor must 
report back to the Court on 
the action plan arising from the Conference. The Court may confirm the action plan Statement: Transposed 
provisions not 
communicated. 
 
Videoconferencing: section 
29 of the Criminal Evidence 
Act 1992. Legislation implementing MLA Convention (2002). Possible to make the 
complaint but no statutory provision. Not fully transposed. 
 
EN 55   EN Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
and must review compliance 
with the plan by the child within six months. If the child is not complying, the original proceedings may be 
restarted; and may 
subsequently be dismissed if the child complies. (Sections 81, 82(4), 83 and 84)  
Lithuania  Arts. 413 and 416 Code of 
Criminal Procedure  Arts. 413 and 416 Code of 
Criminal Procedure  Arts. 4, 166 and 171 Code of 
Criminal Procedure  Hearing via videoconference 
is possible. Transposed 
provisions not 
communicated . The 2000 
Mutual Legal Assistance Convention is directly 
applicable. The provisions sent by LT do 
not transpose article 11(2).  
Luxembourg  Art. 24(5) Code of Criminal 
Procedure  Art. 24(5) Code of Criminal 
Procedure  Statement: Transposed 
provisions not communicated although this is allowed under Luxembourg law. 
Videoconference: draft Law 
will allow this once adopted. Not fully transposed. 
 Article 23 Code of Criminal 
Procedure. 
Netherlands, The Victim Support Instructions.  
Mediation carried out on a non-statutory basis by police, prosecutors and professional See previous paragraph  NL has not transposed this 
provision but states that it complies with article 11 on a non-statutory basis. See previous paragraph. 
 
EN 56   EN Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
mediators in particular in 
juvenile criminal law   
Poland  Arts. 23 and 339(4), Code of 
Criminal Procedure  Art. 3a(91) Law on proceedings in juvenile cases 
of 26 October 1982 Arts. 53(3), 56, 59, 60(2) -1, 
2, 66 (3) and 69(2), Criminal Code  Art. 335 and 387 Code of 
Criminal Procedure  
Art. 31(2), Law on proceedings in juvenile cases of 26 October 1982 Arts. 177(1a)(2), 304a and 
305 Code of Criminal Procedure  Arts. 590-592, Code of 
Criminal Procedure  
Portugal Articles 2/1 and 2/3 of Law 
21/2007 of 12 June on Mediation in Criminal Proceedings.  Article 6 of Law 21/2007 of 
12 June on Mediation in Criminal Proceedings  Lodging the complaint: Arts. 
246 and 271 Code of Criminal Procedure Videoconference or 
teleconference: arts. 111 and 
145 (2) (d) and (3) of the Law on International Judicial Cooperation, approved by Law n° 144/99 of 31 August 
1999.  
Law 31/2006 of 21 of July transposes Directive 2004/80/CE, concerning the compensation of crime 
victims.  Art 33(4) Code of Criminal 
Procedure. 
Not fully transposed.  
Romania  Arts. 6 and 67 Law no. 
192/2006 2006 on mediation 
and professional organisation of mediators.  Arts. 69 and 70 Law no. 
192/2006 2006 on mediation 
and professional organisation of mediators.  Arts. 4, 8 (2) and 21(3) Law 
no. 211/2004 on certain 
measures for assured protection of victims of crime Art. 165 Law no. 224/2006 Transposed provisions not 
communicated  
 
EN 57   EN Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
amending Law 302/2004 on 
international judicial cooperation in criminal matters  Arts. 34
9(1), 3417 and 
3418Law no. 211/2004 on 
certain measures for assured protection of victims of crime
Slovakia  Section 43(4) Code of 
Criminal Procedure  
 Transposed provisions not 
communicated  Sections 101b(2) and 158a 
Code of Criminal Procedure  Section 158a Code of 
Criminal Procedure  
Slovenia  Art. 161a Act on criminal 
procedure  Art. 161a Act on criminal 
procedure Transposed provisions not 
communicated  Transposed provisions not 
communicated  
Spain Article 19, Organic Law 
5/2000 of 12 January, 
governing the criminal 
liability of minors 
Not fully transposed. Not fully transposed.  Complaint: statement must 
be made in person 
Art 30(1) of the Organic Law 
of on judicial powers Videoconference:  
Not fully transposed.  Not transposed 
Sweden  Law on mediation 
(2002:445)  
Proposition 2005/06:165 of Swedish Government  
Art. 4 and 17, Act [1964:167] 
Chapter 5, Art 1 c, Act (2001:453). Every municipality is required to offer mediation in 
accordance with Act 
2002:445) when the offender See previous paragraph  Art. 15, Chapter 23; Art. 19, 
Chapter 36; Art. 3(1), Chapter 37 Code of Judicial Procedure 
Act on Mutual Legal 
Assistance in Criminal Matters (2000:562) Art. 3, Code on a preliminary investigations  
Law regarding residence 
permits of limited duration Transposed provisions not 
communicated  
 
EN 58   EN Member State  Article 10  
(Penal mediation) 
paragraph 1  Article 10  
(Penal mediation) 
paragraph 2 Article 11 (Victims resident 
in another Member State) 
paragraph 1 Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
is under 21.  for foreign nationals  
United Kingdom  England and Wales, N. 
Ireland, Scotland: 
UK is examining how to implement this. Restorative justice principles are applied in practice on a non-statutory 
basis. 
Not fully transposed. 
 See previous paragraph. 
Not fully transposed. England and Wales, N. 
Ireland, Scotland: 
Police forces have access 
to video and telephone conferencing, following contact through the National Criminal Intelligence service (NCIS) then either EUROPOL or INTERPOL.  Not fully transposed. 
 England and Wales, N. 
Ireland, Scotland: 
1957 European Convention on Mutual Assistance and ad 
hoc arrangements. 
Not fully transposed.  
 
EN 59   EN  
Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Austria  Transposition provision not 
communicated. Sec 66 Par 2 new Code of 
Criminal Procedure  Sec 66 Par 2 new Code of Criminal 
Procedure   Sec 66 Par 2 new Code of 
Criminal Procedure and Sec 25 Par 3 Security 
Police Act. 
The Ministries of Justice and of the interior organise training for judges, public prosecutors and police in 
collaboration with victim 
support organisations.  
Belgium  Initiative of the Kingdom of 
Belgium on the creation of a European network of restorative justice national contact points (2002/C 
242/09) 
 Partnership Federal Public Service Justice at proposal of Brottsoffermyndigheten for project on children’s 
rights within the ISEC 
programme: CURE – Children in the Union – Rights and Empowerment  Not fully transposed. Art. 46 Law of 5 August 
1992. Art. 123, Law on establishing an integrated police service, structured 
on two levels. 
Ministerial Circular GPI 58 on police assistance to victims in the integrated, two level police service Royal Decree of 10 May 
2006 establishing a Code 
of Conduct for Police Services  Art. 3bis of the Preliminary Title of the Code of 
Criminal Procedure (court 
staff responsible for Arts. 35 and 53 Law of 17 May 2006 on the 
status of sentenced persons and on victims' rights  Royal Decree of 29 January 2007 on the implementation of art. 2, 6° of the Law of 
17 May 2006 on the status of sentenced 
persons and on victims' rights  Ministerial Decree establishing a model for the victim's statement as covered by art. 1, 4°, of the Royal Decree of 29 January 2007 on the implementation of art. 2, 6° of the 
Law of 17 May 2006 on the status of 
sentenced persons and on victims' rights  Not fully transposed. 
As determined by arts. 46 
of the Law of 5 August 1992 on the police and Art. 123, Law on establishing 
an integrated police 
service, structured on two levels Law of 7 December 1998 establishing an integrated police service, structured 
on two levels 
Ministerial Circular GPI 58 on police assistance to victims in the integrated, two level police service, 
section on training. 
Victimology is part of 
 
EN 60   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
receiving victims assist 
judges and prosecutors in advising persons involved in court proceedings, 
policy in favour of victims 
as regards evaluation, coordination and supervision of the reception of victims in 
prosecutors offices). 
Royal Decree of 13 June 1999 on the organisation of informal courts (maisons de justice) of the Ministry 
of Justice 
Ministerial Decree of 23 June 1999 laying down instructions for "maisons de justice".  Royal Decree of 17 
September 2005 amending 
the Royal Decree of 13 June 1999 establishing administrative and pecuniary provisions for 
staff of the external 
services of the "Service des maisons de Justice" of the Ministry of Justice who basic and advanced police 
training. (for example on interrogation of minors). Training for judges and 
prosecutors includes 
victimology (www.hrj.be
) 
and Law of 31 January 2007 on judicial training and setting up an Institute 
for Judicial Training. 
 Training for social workers: Decree of 19 December 1998 on general 
social work + Decree of 18 
July 2001 on assistance to person subject to proceedings.  Mediation was introduced 
by the Law of 22 June 
2005, see art. 2 of the Royal Decree establishing criteria for mediation services covered by art. 
554, §1 of the Code of 
Criminal Procedure.  
 
EN 61   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
have a specific grade.  
Cooperation agreement of 7 April 1998 between the Flemish Community and 
the Federal State. 
Negotiation of cooperation agreements with Walloon Region and French Community Commission is 
ongoing. 
Decree of 19 December 1998 on general social assistance. Decree of the Flemish 
Governments of 12 
October 2001 on the execution of the Decree of 19 December 1997 on general social assistance (as amended by decrees on 
20 April 2007 and 14 
December 2007) Decree of the College of 9 December 2004 on subsidies for help centres 
(Brussels) 
Decree of 18 July 2001 on social welfare (Walloon Region) 
 
EN 62   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Ministerial Instruction 
PLP10 of 9 October 2001; Ministerial Directive of 15 September 1997; 
Ministerial Instruction of 4 
October 2000  Government and judicial authorities collaborating with victim support 
services, such as: 
Psychological Crisis Centre, Centre for Equal Opportunities, Violence against women, Child 
Focus 
Various Flemish Community decrees, Walloon Community regulations on aid for litigants and victims,  
SOS teams for children, 
Services for mental health  
Bulgaria  Art. 21(9) Law on support 
and financial compensation to victims of crime 
Not fully transposed Arts. 6(1), 7(3), 9, 11 and 
20(2) Law on support and financial compensation to victims of crime  Arts. 6-19, Law on support and financial 
compensation to victims of crime   Art. 21(8) Law on support 
and financial compensation to victims of crime   
Not fully transposed 
Cyprus  Not transposed  Not transposed  Not transposed  Not transposed  
Czech Republic  Transposed provisions not 
communicated  The Czech authorities 
finance activities of NGOs See previous paragraph.  The Czech authorities 
finance NGOs providing 
 
EN 63   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
providing assistance to 
crime victims via grants. The most important NGO in this sphere, “Bílý kruh 
bezpečí” (The White Circle 
of Safety), is registered as a social service under Social Service Code No 108/2006. As a result, “Bílý kruh 
bezpečí” is financed 
partially from the state budget through the Ministry of Labour and Social Affairs and regional 
authorities where “Bílý 
kruh bezpe čí” has its 
branch offices (7 regions). “Bílý kruh bezpe čí” 
provides free legal, psychological, social and 
practical assistance to 
victims of crimes during all stages of criminal proceedings and after criminal proceedings have 
ended, including providing 
victims with relevant information, assisting victims with their assistance to victims of 
crimes via grants. The most important NGO in this sphere, “Bílý kruh 
bezpečí” (The White Circle 
of Safety), is registered as a social service under Social Service Code No 108/2006, and it is 
financed in part from the 
state budget through the Ministry of Labour and Social Affairs and regional authorities where “Bílý 
kruh bezpe čí” has its 
branch offices (7 regions). It provides training for judges and public prosecutors in regional courts, police officers in 
training centres of the 
Czech Police and regional authorities and personnel of the Prison Service. A pilot project for training on 
contact with vulnerable 
victims for police officers is running at the present time.  
 
EN 64   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
immediate needs and 
accompanying them, if necessary, during criminal proceedings. Not fully transposed  The costs of the training 
activities are financed by regional courts and the Czech Police. Half of the 
costs are financed by 
voluntary grants and financial gifts.   
Not fully transposed.   
Denmark  Transposed provisions not 
communicated  See provisions under 
Article 6  
Not fully transposed See provisions under Article 6 
Not fully transposed  Transposed provisions not 
communicated  
Estonia  Transposed provisions not 
communicated  Arts. 3, 4, 5 and 6, Victim 
Support Act  See previous paragraph.  Art. 4(2) Victim Support 
Act 
Training provided to 
victim support workers. 
Not fully transposed.  
France  Not transposed Support for Ins titut national 
d'aide aux victimes et de 
médiation – INAVEM - 
which includes 167 local 
victim support organisations  Law of 10 July 1991 on legal aid and Decree of 
19 December 1991, protocols aiming to 
improve the way criminal justice is organised. 
Decree of 2 April 2003 extending the scope of 
the protocols to include legal aid for a civil 
party in proceedings before an examining 
magistrate or a court. This allows a duty lawyer 
system so that a specialised lawyer is always 
available. 
Since October 2001, there is a telephone 
number for victims to call, managed by INAVEM, and the cost is the same as for a local call. All judges and prosecutors 
receive training on victims issues as part of their vocational training. 
There is common training 
on offer for police officers, probation officer sand social workers so as to create a common culture 
between these services. 
INAVEM offer straining courses in victimology, victims' right sand 
 
EN 65   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Not fully transposed  mediation. 
Not fully transposed.  
Finland Partial State funding for 
Victim Support Finland, a member of Victim Support 
Europe. 
Not fully transposed.  Sections 3 and 9, Chapter 
2, Criminal Procedure Act, Sections 10(2), 29(3) and 
31 Criminal Investigations 
Act. 
Partial State funding for Victim Support Finland, a member of Victim Support Europe.  Sections 3 and 9, Chapter 2, Criminal 
Procedure Act  
Sections 10(2), 29(3) and 31 Criminal 
Investigations Act. 
See also paragraph 1. 
 Training arrangements take 
into consideration the standpoint of the victim. 
Police officers receive 
training on victims' issues where special attention is paid to how to handle cases of domestic violence and child victims. Prosecutors 
receive training on 
offences against women and children (including sexual offences). There is a so called "key and special 
prosecutor" system that is 
based on specialisation. The specialised key prosecutors train other prosecutors. Victim support organisations 
ensure that their staff and 
volunteers are trained. 
 
Hungary  Law CXXX of 2003 on 
mutual assistance in criminal matters between the Member States of the Arts. 42, 58 and 59 Law 
XIX of 1998 on criminal procedure  
 See previous paragraph  Art. 46, Act No CXXXV 
of 2005 on Crime Victim Support and State Compensation 
 
EN 66   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
European Union  
Not fully transposed.  Not fully transposed.  
Germany Transposed provisions not 
communicated  Art. 180(5) Law on 
execution of sentences transmitted by DE does not 
fully transpose the 
provision. 
Not fully transposed.  Not fully transposed.  Transposed provisions not 
communicated  
Italy  Transposed provisions not 
communicated  Acts No. 302/90, 340/95, 
108/96, 70/98, 407 / 98, 44/99, 512/99 
Not fully transposed   See previous paragraph 
Not fully transposed  Courses are held every 
year by the Italian magistrates’ governing council, the Consiglio Superiore della 
Magistratura, on protection 
of crime victims. A commission on criminal mediation and reparative justice established by a 
Decree issued on 
26 February 2002 by the Italian prison administration is very active in the field of victim 
assistance. 
Not fully transposed  
Ireland  In March 2005 the Irish 
Government established the Commission for the Support of Victims of Crime with a Since March 2005 the 
Commission for the Support of Victims of Crime has provided over 40 organisations ranging from specialised 
organisations like Rape Crisis & Domestic Violence to Support after Homicide to support for the general victims of crime Victims' Charter, special 
and ongoing training and development in the support and care of victims is 
 
EN 67   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
remit of devising an 
appropriate support framework for victims of crime and to disburse 
funding for victim support 
and assistance measures. Funding is being made available to over 40 NGOs engaged in supporting 
victims of crime. 
The Commission for the Support of Victims of Crime engages with Victim Support Europe and is in the 
process of applying for 
associate membership.  €3.5 million in funding to 
over 40 NGOs engaged in supporting victims of crime.  
The National Crime 
Victims Helpline was formally launched in Nov 2005. This organisation is funded by the Commission 
for the Support of Victims 
of Crime. The Helpline acts as a first port of call for victims and is there to listen, inform and where 
necessary, to refer a victim 
to support organisations in their local area.  receive funding. There are also 
organisations dedicated to court accompaniment  important policy of the 
Irish Garda Siochána. Victim Support Ireland has over 500 professionally-
trained volunteers 
delivering its services throughout the country, as well as a core of professional staff.  
Lithuania  The LT submission points 
out that it is not clear what measures were to be taken to implement this provision. The LT victim support 
organisations (in particular 
those dealing with violence against women and children and trafficking in human beings) are vey active 
internationally and have 
strong cooperation links The government authorities 
financed several programmes for victim support  Government Decision no. 
491 of 4 May 2004 on the 
national programme to prevent violence against children 2005-2007 provides a variety of 
coordinated actions and the 
means aiming to eradicate LT victim support organisations, especially 
those that deal with violence against women and children, and with victims of human trafficking, are very active. These efforts are supported by the Government (e. 
g. the 2005-2008 Programme on Prevention 
and Control of Trafficking in Human Beings, the 2005-2007 National Programme on Prevention of Violence against Children and on Support for Children, etc.).  
See information on the website on the 
Ministry of Social Security and Labour: Police officers and social 
workers attend training courses  "Rehabilitation and reintegration of child 
victims of sexual violence 
and their families" published for social workers (provisions not 
communicated) 
Not fully transposed.  
 
EN 68   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
with partners. This is 
supported by the LT government. violence.  
Government Decision no. 558 of 19 May 2005 on the programme of prevention 
and control of trafficking in 
human beings for 2005-2008. Measure 12 of this programme is to support projects of public and 
private bodies which are 
intended for social assistance to victims of trafficking in human beings, their safety and 
their reintegration into 
society.  (provisions not 
communicated)  
 http://www.socmin.lt/index.php?770810303
 
 
Not fully transposed.  
Luxembourg  Networks under various 
conventions. Victim support centre, 
under the auspices of the prosecutor general, within the central social work 
service of the Luxembourg 
state. There is also a service offering legal advice to victims should they need it. 
Not fully transposed . See previous paragraph. 
Not fully transposed . The professional training 
for police, judges and prosecutors includes training on how to deal 
with victims of certain 
specific crimes such as incest or assaults. Not fully transposed . 
     
 
EN 69   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Netherlands, The No transposition provisions 
communicated although the 
NL considers: " there is still 
scope for considerable 
improvement in cooperation 
between Member States especially in the field of compensation by the Government in the case of 
serious crimes of violence."  No transposition provisions 
communicated . In NL there 
is a national victim support organisation with 
specialised centres, 
providing the first emotional help, information and, if need be, counselling for victims 
during criminal 
proceedings. The costs of these centres are largely borne by the Government. Legal aid centres advise 
victims/injured parties on 
their legal problems. At the district offices of the Public Prosecutor specially trained victim support staff is employed to provide 
information and a point of 
contact for victims.  No transposition provisions communicated. 
See previous paragraph. Not fully transposed. 
Basic training and follow-
on courses are provided for as the Police, the Public 
Prosecutor’s Office, Legal 
Aid Centres and Victim Support Centres. Where necessary, training is also geared to the specific 
needs of the most 
vulnerable groups of victims. There is a Victim Support Manual intended, especially Part A, as a 
reference work for staff of 
organisations which are engaged in victim support. Every year the book is supplemented to include latest developments in the 
fields of victim support, 
legislation and jurisprudence. The Manual can be consulted by any police officer via the 
Police intranet. It is 
available in the 600 or so most important public libraries. 
 
EN 70   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Poland   The Law of 7.07.2005 on 
the state compensation for victims of certain categories of intentional offences was 
introduced to implement 
Council Directive 2004/80/EC relating to compensation to crime victims. The Law provides 
for a system of cooperation 
between the competent authorities of Member States and provision of information to crime victims 
about how to apply for 
compensation.  Poland has ratified the 2000 EU Convention on mutual legal assistance in criminal matters and its Additional 
Protocol, Council 
framework decision 2003/577/JHA of 22.07.2003 on the execution in the European Union of 
orders freezing property or 
evidence – as regards the return of evidence to victims (implemented into national Apart from training for 
judicial and law enforcement authorities, there is financial support 
for NGOs. This is done in 
different manner. First, NGOs providing assistance to persons injured in traffic accidents receive 
compensatory damages  and 
pecuniary considerations adjudicated within the criminal proceedings (art. 47 § 3 and art. 49 § 2 PC). 
Second, NGOs delivering 
services to other victims may apply for funds from the Assistance for Victims and Post-penitentiary Assistance Fund to be set 
up within the Ministry of 
Justice in the near future. Resources of the Fund will come from compensation paid, bequests, 
inheritances, donations, 
grants and other sources. Third, NGO activities are financed in part by the See art. 13(1). Conferences, workshops and 
training have been organised in order to encourage personnel or victim support organisations. An information campaign 
with billboards and audiovisual material 
will be organised to promote the National Programme for Victims. It is also planned to issue a bulletin covering information on institutions providing assistance free of 
charge to victims ( see comments under art. 
4 FD).   Implementing actions 
include training for judges, prosecutors, police officers and social workers dealing 
with victims. In order to 
guarantee special treatment for children who are victims and witnesses, the Ministry of Justice 
supports the “Child – the 
witness needing special attention” campaign addressed at judges and prosecutors in particular. 
They are trained in the 
psychology of a child as a witness in criminal proceedings. This initiative is still being developed in cooperation with NGOs, 
and the Ministry of Justice 
has joined the Coalition for Friendly Child Hearings. The Coalition's aim is to secure the protection of the 
child who is a victim and 
witness in criminal proceedings by promoting and applying rules on 
 
EN 71   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
law – Section XII, Chapter 
62a and 62b CCP), Council framework decision 2005/214/JHA of 
24.02.2005 on the 
application of the principle of mutual recognition to financial penalties - as regards the recognition and 
execution of compensatory 
damages for victims (the law implementing FD was adopted by the Parliament October 2008). 
The Ministry of Justice 
collaborates with different NGOs both Polish and from other Member States. It plays a role as intermediary between national NGOs and 
those from other Member 
States within Victim Support Europe and cooperates with other ministries (AT, CZ, LV). 
The aim of the cooperation 
is exchange of information and practice concerning services for victims. This is European Commission 
from the “Assistance for Victims Network” project.   Not fully transposed  "friendly atmosphere" 
hearings. Further action is planned for 2009, namely 10 training courses for 
approximately 1000 
persons. Their aim is to develop the professional skills of those working with victims and to 
introduce best practice 
from other Member States into the Polish justice system.  
 
EN 72   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
achieved by conferences, 
study visits within the “Assistance for Victims Network” project. Good 
practice gained from this 
cooperation is shared with NGOs and legal practitioners (judges, prosecutors), police officers 
and psychologists during 
training.  
Portugal Law on international legal 
cooperation approved by Law n° 144/99; joint action of 29 June 1998 on the European Judicial Network; 
Council Decision of 29 
May 2001 on the fight against internet child pornography. Cooperation with other Member States by way of 
links between victim 
support organisations, APAV (Portuguese Victim Support organisation, recognised and funded by 
the State) is a member of 
Victim Support Europe and Appropriate protection of 
women victims of crime – Law n° 61/91 of 13 August. The Commission for 
equality and women's 
rights, created by Decree-Law n° 166/91 of 9 May supports women victims of crime. Law n° 147/99 of 1 September defines the 
powers, composition and 
functions of committees for the protection of children; other official bodies are in place to remedy situations 
likely to affect the security, 
health, training, education See previous paragraph. 
Not fully transposed.  Professional training: 
Judicial police: arts. 45 and 83 of Organic Law on judicial police, approved by Decree-Law 
n° 275/A/2000 of 9 
November. GNR/ art. 64 of the Organic Law on the GNR approved by Decree-Law n° 231/93 of 26 June. 
Members of the PSP: art. 
44 of the Law on the organisation and functions of the PSP, approved by Law n° 5/99 of 27 January. 
Investigators and personnel 
dealing with foreigners and 
 
EN 73   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
of the European Forum for 
Victim-Offender Mediation and Restorative Justice. 
Not fully transposed.   or development of children 
and young persons and situations in which they are victims of crime. Decree-
Law n° 460/77 of 
7 November. Status of specific social solidarity institutions (IPSS) Decree-Law n° 119/83 of 
23 February. Recognition 
of APAV as a specific solidarity institution (IPSS) for public good, official journal (Diário da 
República), Series III, 
n° 159, of 12 July 1990 and series III, n° 27, of 1 February 1991. 
Not fully transposed.  borders (SEF): art. 30 of 
the SEF staff regulations, approved by Decree-Law n° 290-A/ 2001 of 17 
November. 
Judges and prosecutors: art. 115 of their statute, approved by Law n° 47/86, of 15 October, as amended 
by Law n° 60/98 of 27 
August.  Sitting judges: art. 41 of the statute of sitting judges, approved by Law n° 21/85 
of 30 July, as amended by 
Law n° 143/99 of 31 August. INOVAR.  Centre for Legal Studies, which is responsible for 
training judges and 
prosecutors, created by Decree-Law n° 374-A/79 of 10 September, as amended by Decree-Law 
n° 395/93 of 24 November. 
Its structure and functions are governed by Law n° 16/98 of 8 April. 
 
EN 74   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Not fully transposed.  
 
Romania  Not transposed  Art. 7-13, Law no. 
211/2004 on certain measures for assured 
protection of victims of 
crime  Not transposed  Art. 2, Law no. 211/2004 
on certain measures for assured protection of 
victims of crime 
Slovakia  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Transposed provisions not communicated  Transposed provisions not 
communicated  
Slovenia  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Transposed provisions not communicated  Transposed provisions not 
communicated  
Spain Support for EU initiatives in 
this area. 
Not fully transposed.  Victim support bureaux, 
financed from central funds offer victims financial assistance and psychological support, 
under Law n° 35/1995 of 
11 December 1995 on assistance to victims of violence and sexual offences. 
Not fully transposed.  Transposed provisions not communicated  Ministry of Justice runs 
numerous training courses every year. 
Transposed provisions not 
communicated  
Sweden  Many international 
conferences on issues 
related to the rights of the victims held in Sweden  The authority responsible for compensation and assistance to victims Act on counselling the civil 
parties (1988:609)  
Art. 11 Chapter 5, Law on social services (2001:453) The state encourages victims support organisations through See previous paragraph  In June 2001, the 
Government instructed the 
National Courts Administration, the Attorney General and the national police to train their staff in victim support 
 
EN 75   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
regularly participates in 
works at international level. 
Not fully transposed.  economic support 
National fund to help victims (Brottsofferfond) Police provides victims 
support organisations with 
information on victims of crime  issues  
The authority responsible for compensation and assistance to victims also 
regularly attends such 
training  Law enforcement, social services, education and health care personnel was 
trained on supporting 
women victims of domestic violence  
United Kingdom  England and Wales: Victim 
Support active at European level. Scotland: Victim Support 
Scotland active at European 
level. 
 England and Wales: 
Government funds Victim Support which offers emotional support, 
practical assistance and 
advocacy, support at ID parades and at court, assistance with insurance and compensation claims, personal safety and crime 
prevention advice, 
information on criminal justice procedures and information and referral on to other agencies. It also 
runs the Witness Service in 
court. The Government England and Wales: 
As for previous paragraph. Also information leaflets. Scotland: 
As for previous paragraph.  England and Wales: 
Training provided but not on a statutory basis. Scotland: Training 
provided but not on a 
statutory basis.  
 
EN 76   EN Member State  Article 12  
Cooperation between 
Member States Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 Article 13 
(Specialist services and victim support 
organisations) paragraph 2 Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
also provides funding to a 
wide range of specialist charities supporting victims of serious offences. 
Scotland: Victim Support 
Scotland as for England and Wales.  
 
 
EN 77   EN  
Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
Austria    Arts. 26(6) and 32(5) of the 
Law on the organisation of tribunals. (specialised units 
dealing with sexual offences 
are integrated into magistrates' courts) Sec 32 Par 2 of the new Code of Criminal Procedure stipulates 
a gender balanced jury for 
sexual offences. Sec 4 Par 3a of the regulation on the implementation of the Law on Public Prosecution 
Service provides that 
prosecution services with more than 10 Prosecutors should have a specialised unit covering sexual offences.  Sec 165 new Code of 
Criminal Procedure (special 
rooms for questioning children). See previous paragraph. 
Not fully transposed. Not applicable. 
Belgium  See paragraph 1  Ministerial Circular GPI 58 
on police assistance to victims in the integrated, two level police service 
Police offices are entitled to 
receive subsidies in order to See paragraph 1  Not applicable  
 
EN 78   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
establish facilities for victims 
Bulgaria  See paragraph 1  Art. 11, Law on support and 
financial compensation to victims of crime  Art. 11 Law on support and 
financial compensation to victims of crime Not applicable  
Cyprus  Training was provided to 
judges and police officers in the field of victim support related issues  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Not applicable  
Czech Republic  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Czech courts are gradually 
equipped with separate 
waiting rooms for witnesses 
and victims  Not applicable  
Denmark  Initial training for judges and 
police officers includes victim related issues  Report on the protection of 
witnesses, drafted in June 1998 by a working group set up by the Ministry of Justice See previous paragraph  Not applicable  
Estonia  Police officers, prosecutors 
and judges received training on how to work with 
victims.  Transposed provisions not 
communicated  Transposed provisions / 
measures not communicated  Not applicable  
France  Transposed provisions not 
communicated  Funding for INAVEM 
2001 and 2004 Victims' 
Charters. 
Not fully transposed. 
 Transposed provisions / 
measures not communicated  Not applicable  
Finland  See previous paragraph  See pr ovisions for Art. 8(3)  
Questions of secondary 
victimisation are part of the 
training of personnel See the provisions for Art. 
8(3) 
Questions of secondary victimisation are part of the Not applicable  
 
EN 79   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
involved in proceedings or 
otherwise in contact with victims. See paragraph on Article 14(1) training of personnel 
involved in proceedings or otherwise in contact with victims. See paragraph on 
Article 14(1)  
Hungary  See previous paragraph  Art. 3, IM Order 4/1999 (BK 
6.) on the victim-protection tasks of the Ministry bodies and the independent bodies under the responsibility of the Minister of the Interior. 
Art. 9(1)(a) Act CXXXV of 
2005 on Crime Victim Support and State Compensation  Transposed provisions / 
measures not communicated  Not applicable  
Germany Transposed provisions not 
communicated  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Not applicable  
Italy  See previous paragraph  Art. 149, 398(5-ii), 498 (4-
iii), Code of Criminal Procedure  
Draft law no. 1242  
Draft law no. 30  
Not fully transposed  See previous paragraph  Not applicable  
Ireland  See previous paragraph A special fully-equipped 
suite for victims of rape, sexual assault and other serious crimes is available in 
Dublin. The Courts Service 
has undertaken to provide See previous paragraph.  Not applicable  
 
EN 80   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
accommodation and facilities 
for use of victims and their families in all new and refurbished court buildings. 
Ireland has over 40 NGOs 
engaged in the support of victims of crime. A wide range of supports are available to victims of crime, 
from court victim support 
before, during and after proceedings up to and including specialist support services for the families of 
murder victims, including 
specialised counselling for children who experience family homicide.  
Lithuania  Training of professionals is 
covered by a framework of national plans. The 8th special measure of the 2005-
2008 Programme on 
Prevention and Control of Trafficking in Human Beings provides for training of: police officers, border police, 
migration officers, 
prosecutors (in 2006), social Project on "Strengthening the 
protection of crime victims and witnesses and consolidation of international 
police cooperation within the 
framework of criminal activity".  The national programme on prevention of child abuse for 
2005-2007, approved on May 
4, 2005 by Decision N° 491, Government decision no. 141 
of 29 January 2003, approving the programme of renovation and improvement 
of conditions for people in 
custody for 2003-2007 
(provisions not 
communicated)  Not applicable  
 
EN 81   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
workers and teachers (in 
2005-2007), doctors and other medics (in 2007), journalists (in 2008). Special 
measure 2.3 of the 2008-
2010 National Programme on Prevention of Violence against Children and on Support for Children 
provides for training in 2008-
2010 for officials of municipal children's rights protection services and for municipal social workers 
working with at risk families. 
This training is devoted to issues of prevention and control of violence against children, trafficking in children, sexual violence 
against children, and to 
support of victims. Almost all programmes cover training of professionals. Budgetary resources are 
allocated for this training. 
There is also training of specialists within international projects, e.g. provides for the creation of 
special premises in major police stations for hearing children and training of 
police  
Articles 9, 186, 280 and 283 Code of Criminal Procedure. 
 
EN 82   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
within the Council of Baltic 
Sea States. In addition to seminars, there are manuals for professionals, e. g. for 
policemen, for social 
workers, for teachers, for prosecutors and judges. 
Luxembourg  See previous paragraph Not transposed Not transposed  Not applicable  
Netherlands, The See previous paragraph Victim Support Instructions 
prevent any secondary victimisation of victims or unnecessary pressure on the victim. See observations on 
courts in Art. 8(3) above. 
Many police stations provide facilities to make victims feel as comfortable as possible, including separate areas 
where victims can make 
statements.  See previous paragraph Not applicable  
Poland  Training provided to judges,  
prosecutors, police officers and psychologists  Arts. 177, 184, 191(3), 357, 
360-364 and 390(2) Code of Criminal Procedure  
Pilot programme for violent crime victims. 
Apart from information on 
legal provisions aimed at prevention from secondary victimisation, practical Not transposed  Not applicable  
 
EN 83   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
solutions may be mentioned. 
There are approximately 300 special hearing rooms for child victims all over Poland. 
Most of them are located 
within the police stations, the remainder being in the courts and NGO premises. As part of its activities within the 
Coalition for Friendly Child 
Hearing, the Ministry of Justice devised recommendations on standards that such rooms 
should meet. The Ministry of 
Justice has in place a verification procedure to certify that those rooms meet the correct standard. So far 9 institutions have received a 
certificate confirming that 
they meet the conditions for a child friendly hearing.  
Portugal See previous paragraph INOVAR. 
Special waiting areas in police stations are recommended in the 
INOVAR report.  See previous paragraph Not applicable  
Romania See previous paragraph Not transposed  Not transposed  Not applicable  
 
EN 84   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
Slovakia  Transposed provisions not 
communicated  Not transposed  Not transposed  Not applicable  
Slovenia  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Transposed provisions not 
communicated  Not applicable  
Spain See previous paragraph  Over 40 bureaux providing 
assistance to crime victims. Ministry of Justice has 
produced a guidance manual 
for these bureaux. Legal assistance to victims is governed by a convention signed in 2000 between the Ministry of justice and the 
Spanish Bar Council so that 
victims of domestic violence rapidly receive the appropriate legal information. Some Bars 
operate a 24 hour service 
offering assistance to victims. Specialist training is offered to lawyers under the "Integrated Programme on 
domestic violence". 
There is also a convention signed with the official association of psychologists (Colegio Oficial de Psicólogos). See previous paragraph  Not applicable  
 
EN 85   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
Sweden  See previous paragraph  Since 1994, a national public 
authority Brottsoffermyndigheten, promotes the rights, needs 
and interests of victims 
Most police departments have a separate hearing room for children Efforts to create waiting 
rooms for victims within the 
courts are ongoing   See previous paragraph  Not applicable  
United Kingdom  England and Wales/Scotland: 
See previous paragraph  In England & Wales, police 
procedures separate victims and witnesses, and suspects. Separate interview facilities at police stations to ensure 
victims do not come into 
contact with the accused. Designated identification parade suites. Court buildings have separate waiting areas for victims and witnesses in 
nearly all cases. Youth 
Justice & Criminal Justice Act 1999. National strategy for victims and witnesses: setting up of Community 
Justice Centres to cater for 
the needs of children, and England and Wales: 
Scotland:  The Framework Decision 
shall apply to Gibraltar 
 
EN 86   EN Member State  Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 Article 16 (Territorial 
scope - Gibraltar) 
vulnerable or intimidated 
witnesses.  Northern Ireland: Criminal Evidence (NI) Order 1999 
allows a victim’s video 
recorded evidence to be presented to the court. Evidence may also be given by televised live link or from 
behind a screen and if the 
judge directs, the public section of the court room will be cleared.  Scotland: separate interview 
facilities at police stations. 
Designated identification parade suites exist with procedures clearly laid down for the separation of accused and witnesses. Screens 
enable vulnerable witnesses 
to give their evidence out of sight of the accused, and closed circuit television equipment is available to 
allow vulnerable witnesses to 
provide their evidence from outside the courtroom. Victim Support Scotland.
 
 
EN 87   EN