Initiative of the Portuguese Republic with a view to adopting a Council Framework Decision on the standing of victims in criminal procedure
Date: 2000-08-24
Institutions: Portugal
Subjects: crime against individuals, criminal procedure, damages, indemnification, victim

C 243/4

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Official Journal of the European Communities

24.8.2000

(Acts adopted pursuant to Title VI of the Treaty on European Union)

Initiative of the Portuguese Republic with a view to adopting a Council Framework Decision on
the standing of victims in criminal procedure

(2000/C 243/02)

THE COUNCIL OF THE EUROPEAN UNION,

(5) The Council adopted on 24 February 1997, Joint Action
97/154/JHA (4) concerning action to combat trafficking
in human beings and sexual exploitation of children.

Having regard to the Treaty on European Union, and in
particular Articles 31(e) and 34(2)(b) thereof,

Having regard to the initiative by the Portuguese Republic (1),

(6) The Council

approved on 23 November 1995 a
Resolution (5) on the protection of witnesses in the fight
against organised crime.

Having regard to the opinion of the European Parliament (2),

Whereas:

(7) Various instruments from international bodies already

exist in this area:

(1)

In accordance with the action plan of the Council and
the Commission on how best to apply the provisions of
the Treaty of Amsterdam on an area of freedom, security
and justice (3), in particular point 51(c), within five years
following the entry into force of the Treaty, the question
of victim support should be addressed, by making a
comparative survey of victim compensation schemes,
and the feasibility of taking action within the Union
assessed.

(2) The Commission submitted a Communication on 14
July 1999 to the Council, the European Parliament and
the Economic and Social Committee entitled (cid:145)Crime
victims in the European Union: reflections on standards
and action(cid:146).

(3) The European Parliament approved on 15 June 2000 a
Resolution concerning the Commission Communication.

(4)

In the conclusions of the European Council meeting in
Tampere on 15 and 16 October 1999, especially point
32, it is stated that minimum standards should be drawn
in
up on the protection of
particular on crime victims’ access to justice and on their
right to compensation for damages, including legal costs.
In addition, national programmes should be set up to
for
finance measures, public and non-governmental,
assistance to and protection of victims.

the victims of crimes,

(cid:151) Recommendation No R (85) 11 of the Council of
the victim in the

Europe on the position of
framework of criminal law and procedure,

(cid:151) the European Convention on Compensation to
Victims of Violent Crimes, signed in Strasbourg on
24 November 1983,

(cid:151) Recommendation No R (99) 19 of the Committee of
Ministers to Member States concerning mediation in
penal matters,

(cid:151) the United Nations Declaration of basic principles of
justice for victims of crime and abuse of power;

(cid:151) the work of the European Forum for Victim Services,
in particular the Statement of victims’ rights in the
process of criminal justice.

(8) The Member States should approximate their laws and
regulations concerning criminal procedure, namely with
to supporting victims of crime and taking
respect
specific account of the principles set out hereafter.

(1) OJ C (cid:133)
(2) OJ C (cid:133)
(3) OJ C 19, 23.1.1999, p. 1.

(4) OJ L 63, 4.3.1997, p. 2.
(5) OJ C 327, 7.12.1995, p. 5.

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(9)

It is important to consider and address victims’ needs in
interrelated manner and
an integrated, comprehensive,
avoiding partial or inconsistent solutions which may give
rise to secondary victimisation.

HAS ADOPTED THIS FRAMEWORK DECISION:

(10) The concept of

(cid:145)procedure(cid:146)

should therefore include
victims’ contacts with authorities, public services and
victim support groups whose involvement, albeit not
required under the criminal justice system, is essential in
looking after victims’ interests, both before and during
or after criminal proceedings proper.

(11) The provisions of this Framework Decision are confined
criminal
victims’

interests under

after

to looking
procedure.

(12)

(13)

For that reason,
leaving aside any future addressing of
the whole issue of compensation for crime victims
this Framework
within the Union,
Decision regarding compensation, as well as
those
regarding mediation, relate to criminal procedure and
thus do not concern arrangements under civil procedure.

the provisions of

It
is necessary to approximate arrangements under
criminal procedure as regards the standing and main
rights of victims, with particular regard to the right to
be treated with respect for their dignity, the right to
provide and receive information, the right to understand
and be understood,
the
various stages of procedure, the right to have allowance
living in a different
made for
Member State from the one in which they were a victim,
etc.

the disadvantage of

to be protected at

the right

(14)

It is important to afford victims the best legal protection
and defence of their interests, irrespective of the Member
State in which they are present.

(15) The involvement of victim support groups before, during
important within criminal
is

and after proceedings
procedure.

(16)

It is necessary for personnel coming into contact with
victims to receive suitable and proper training, which is
essential both for victims and for achieving the purposes
of the procedure.

Article 1

Definitions

For the purposes of this Framework Decision:

(a)

(b)

(c)

(cid:145)victim(cid:146)
shall mean a natural person who suffers any form
of crime within the territory of any Member State. In the
event of crime victims’ death, members of their family or
persons in a similar position may also be regarded as
victims, having regard in both cases to the domestic legal
provisions of the Member State in which procedure takes
place;

(cid:145)victim support group(cid:146)
shall mean a non-governmental
organisation whose purpose of providing assistance and
acting as appropriate,
free of charge, on a confidential
basis, is recognised by the Member State as complementing
its own action in this area;

shall be broadly construed to include,

(cid:145)procedure(cid:146)
in
addition to the process laid down by law, all of victims’
contacts with any authority, public service or victim
support group in connection with their case, before or
after criminal proceedings are in progress.

Article 2

Respect and recognition

1. Member States shall
take the necessary measures to
ensure that victims are treated with respect for the dignity of
the individual and shall recognise the rights and legitimate
interests of victims at all stages of procedure.

2.
Appropriate measures shall be taken for victims who are
particularly vulnerable on account of their age, their sex or
other circumstances.

Article 3

Right to provide information

(17) There is an advantage, in defending victims’ interests in
the procedure, of making use of existing contact point
networking arrangements in Member States, whether
they are under the judicial system or are based on victim
support group networks,

Member States shall safeguard the right of victims to be heard
in the procedure and their right to furnish evidence, under the
conditions deemed necessary for
the proper conduct of
procedure.

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Article 4

Article 6

Right to receive information

Right to participate in the procedure and have access to
legal aid

them informed,

1. Member States shall ensure, by appropriate means of
keeping
to
that
information of relevance for the protection of their interests
from the outset, in particular as from the time of their first
contact with the police, covering at least the following points:

victims have

access

1.
Irrespective of the possibility of victims participating in
procedure as a witness or a party, Member States shall ensure
an opportunity for victims
in
such,
accordance with the provisions of this Framework Decision.

to participate

as

(a)

the type of services or organisations to which they can
turn for support;

2. Member States shall ensure that all victims, regardless of
their means, have access to legal advice, provided free of
charge if need be.

(b) the type of support which they can obtain;

(c) where and how victims can report an offence;

(d) procedures following such a report and any action to be

taken by victims in them;

3. Member States shall ensure provision of legal aid free of
charge, where warranted.

Article 7

Legal costs

(e) how and under what

conditions

they

can obtain

protection, where warranted;

Member States shall not require victims to pay any legal costs
or shall arrange for
the possibility of having such costs
refunded.

(f) how and on what terms victims will be entitled to receive

legal advice or legal aid;

(g) requirements and preconditions in order for victims to be

entitled to compensation;

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

Article 8

Right to protection

1. Member States shall ensure a suitable level of protection
for crime victims and their families or persons in a similar
position, particularly as regards their safety and protection of
their privacy, where there is a serious risk of reprisals or firm
evidence of intent to intrude upon their privacy.

right

Victims’

the procedure,

to receive information shall continue
2.
in particular after judgment has
throughout
been given, in a manner appropriate to the proper conduct of
the procedure, while leaving victims the option of declining to
be kept informed.

2. Member States shall also ensure that it is possible, by
means of a court order, made of the court’s own motion or at
a victim’s request, to protect the privacy and image of victims
and their families or persons in a similar position, where
necessary
victimisation,
in order
particularly for vulnerable victims.

to prevent

secondary

Article 5

Communication safeguards

3. Member States shall further ensure, for the purposes of
protecting victims, that court premises have special waiting
areas for victims.

In the same way as for defendants, Member States shall take
language difficulties, or
the necessary measures to prevent
inadequate powers of expression or comprehension,
from
impeding either victims’ direct or indirect understanding of
important steps in the procedure or any involvement of
victims
in such steps, particularly through the use of
appropriate interpreting and communication facilities.

4. Where there is a need to protect victims from the effects
of giving evidence in open court, as may arise on account of a
victim’s age or the nature of the offence or for other reasons,
Member States shall ensure that victims are allowed to testify
in camera or by way of a video conference or video recording
or by other appropriate means, without prejudice to Article 6
of the European Convention on Human Rights.

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Article 9

Right to compensation under criminal procedure

(cid:151) the use of modern facilities for giving evidence, such as
video conferencing, telephone conference calls and video
recording.

1. Member States shall ensure that victims have the option
of seeking compensation in the course of criminal procedure.

In their criminal legislation, Member States shall establish
2.
ways of using compensation and restitution as criminal
law
penalties or measures, having particular regard to realisation
by convicted offenders of the practical impact of their offences
on their victims’ lives.

As part of their criminal justice system, Member States
3.
shall make the necessary arrangements
for compensating
victims. Fines or sums obtained from instrumentalities or
proceeds of crime shall be used primarily to compensate
victims.

Recoverable property belonging to victims which is
4.
seized in the course of procedure shall be returned to victims
as soon as possible.

Article 10

Dispute settlement through mediation

1. Where deemed appropriate, Member States shall ensure
that mediation forms part of
the measures available under
their system of criminal procedure.

2. Where deemed appropriate, Member States shall ensure
that mediated out-of-court settlements between victims and
defendants are taken into account, with victims’ agreement, in
subsequent criminal proceedings, subject to compliance with
the conditions laid down for the purpose.

2. Member States shall ensure that the necessary measures
are taken to enable victims to remain in the Member State in
which the procedure is to take place, where necessary for the
proper conduct of the procedure.

3. Member States shall ensure that the fact that a victim is
resident in another Member State and has to return there will
affect the due conduct of the procedure as little as possible.
For this purpose, Member States shall ensure that international
cooperation arrangements pay particular regard to the position
of victims resident in another Member State.

shall ensure that victims can report
4. Member States
offences in their Member State of residence in the case of
crimes committed against them in another Member State, in
order to have the relevant proceedings initiated in that other
Member State.

Article 12

Victim support networks in the criminal procedure

shall

States

foster, develop and improve
1. Member
networks for cooperation between Member States in order to
facilitate more effective defence of victims’
interests in the
procedure, whether such networks come within the judicial
system or are based on victim support groups.

2. Member States shall, for the purposes of paragraph 1, set
up a European victim support
in
particular, the purposes laid down in Article 4.

freephone line to serve,

Article 11

Victims resident in another Member State

Article 13

Specialist services and victim support groups

shall ensure that victims

1. Member States
in
another Member State are able to participate properly in the
a minimum of
procedure,
criminal
disadvantage as a result of
in
residence,
particular by means of:

placed
their place of

resident

being

at

shall

the involvement

1. Member States
in the
foster
procedure of victim support systems responsible for organising
initial victim intake and for victim support and assistance,
whether
specially trained
through recognition and funding of victim
personnel or
support groups.

through services made up of

(cid:151) the possibility of making statements straight away at the

outset of the procedure,

shall encourage action taken in the
2. Member States
procedure by public services or by victim support groups,
particularly as regards:

(cid:151) the use of standard forms, where possible, at all stages of

procedure,

(a) providing victims with information;

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(b) assisting victims according to their immediate needs;

(c) accompanying victims, where necessary, at steps in the

procedure;

2.
For the purposes of paragraph 1, Member States shall in
include courts, police stations, hospitals, public
particular
services and victim support groups which may be involved in
dealing with the situation.

(d) assisting victims after judgment has been given, especially
on
offenders have

been released

convicted

where
probation.

Article 14

Training for personnel involved in the procedure or
coming into contact with victims

1. Within public services or through funding for victim
support groups, Member States
shall encourage measures
enabling personnel
involved in the procedure or merely
coming into contact with victims to receive suitable training.

Paragraph 1 shall apply in particular to police officers

2.
and legal operators.

Article 15

Practical conditions regarding the position of victims in
the procedure

1. Member States shall create the necessary conditions, in
the course of the procedure, to prevent secondary victimisation
and avoid placing victims under unnecessary pressure. This
shall apply particularly as regards proper reception, especially
initial intake, and establishment of conditions geared to their
situation at premises where they are looked after.

Article 16

Execution

1. Member States shall
comply with this Framework Decision by (cid:133) .

take the measures necessary to

2. Member States shall forward, by (cid:133) (*), to the General
Secretariat of the Council and to the Commission the text of
the provisions transposing into national
law the obligations
laid down by this Framework Decision. The Council shall
assess by (cid:133), by means of a report drawn up by the General
the information
Secretariat of
received from Member States and a report in writing submitted
by the Commission, to what extent the Member States have
complied with this Framework Decision.

the Council on the basis of

Article 17

Entry into force

This Framework Decision shall enter into force on the date of
its publication in the Official
the European
Communities.

Journal

of

Done at Brussels, (cid:133)

For the Council

The President

(cid:133)

(*) Date set out in Article 16(1).