2001/220/JHA: Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings
Date: 2001-03-15
Institutions: Council of the European Union
Subjects: crime against individuals, criminal procedure, damages, indemnification, victim

22.3.2001

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Official Journal of the European Communities

L 82/1

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

COUNCIL FRAMEWORK DECISION

of 15 March 2001

on the standing of victims in criminal proceedings

(2001/220/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Article 31 and Article 34(2)(b) thereof,

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

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

Whereas:

(1)

(2)

(3)

In accordance with the Action Plan of the Council and
the Commission on how best to implement the provi-
sions of
the Treaty of Amsterdam on an area of
freedom, security and justice, in particular points 19 and
51(c), within five years following entry into force of the
Treaty,
should be
addressed, by making a comparative survey of victim
compensation schemes and by assessing the feasibility of
taking action within the European Union.

the question of victim support

The Commission submitted a communication to the
European Parliament, the Council and the Economic and
Social Committee on 14 July 1999 entitled ‘Crime
victims in the European Union: reflections on standards
and action’. The European Parliament adopted a Resolu-
tion on the Commission communication on 15 June
2000.

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

right

(4)

Member States should approximate their laws and regu-
lations to the extent necessary to attain the objective of
affording victims of crime a high level of protection,

(1) OJ C 243, 24.8.2000, p. 4.
(2) Opinion delivered on 12.12.2000 (not yet published in the Official

Journal).

(5)

(6)

(7)

(8)

(9)

(10)

(11)

irrespective of
present.

the Member State in which they are

Victims' needs should be considered and addressed in a
comprehensive, coordinated manner, avoiding partial or
inconsistent solutions which may give rise to secondary
victimisation.

The provisions of this framework Decision are therefore
not confined to attending to the victim's interests under
criminal proceedings proper. They also cover certain
measures to assist victims before or after criminal
proceedings, which might mitigate the effects of the
crime.

Measures to assist victims of crime, and in particular the
provisions regarding compensation and mediation do
not concern arrangements under civil procedure.

The rules and practices as regards the standing and main
rights of victims need to be approximated, with partic-
ular regard to the right to be treated with respect for
their dignity, the right to provide and receive informa-
tion, the right to understand and be understood, the
right to be protected at the various stages of procedure
and the right to have allowance made for the disadvan-
tage of living in a different Member State from the one
in which the crime was committed.

this Framework Decision do not,
The provisions of
however,
impose an obligation on Member States to
ensure that victims will be treated in a manner equiva-
lent to that of a party to proceedings.

The involvement of
support groups before, during and after
proceedings is important.

specialised services and victim
criminal

Suitable and adequate training should be given to
persons coming into contact with victims, as this is
essential both for victims and for achieving the purposes
of proceedings.

(12) Use

should be made of

contact point
networking arrangements in Member States, whether
under the judicial system or based on victim support
group networks,

existing

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Official Journal of the European Communities

22.3.2001

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Definitions

possible in languages commonly understood, to information of
relevance for the protection of their interests. Such information
shall be at least as follows:

(a) the type of services or organisations to which they can turn

for support;

For the purposes of this Framework Decision:

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

(a) ‘victim’ shall mean a natural person who has suffered harm,
including physical or mental injury, emotional suffering or
economic loss, directly caused by acts or omissions that are
in violation of the criminal

law of a Member State;

(b) ‘victim support organisation’ shall mean a non-govern-
mental organisation, legally established in a Member State,
whose support to victims of crime is provided free of
charge and,
conditions,
conducted under appropriate
complements the action of the State in this area;

(c) ‘criminal proceedings’ shall be understood in accordance
law applicable;

with the national

(d) ‘proceedings’ shall be broadly construed to include, in addi-
tion to criminal proceedings, all contacts of victims as such
with any authority, public service or victim support organ-
isation in connection with their case, before, during, or
after criminal process;

(e) ‘mediation in criminal cases’ shall be understood as the
search, prior to or during criminal proceedings, for a nego-
tiated solution between the victim and the author of the
offence, mediated by a competent person.

Article 2

Respect and recognition

Each Member State shall ensure that victims have a real
1.
It shall
and appropriate role in its criminal
continue to make every effort to ensure that victims are treated
with due respect
the individual during
proceedings and shall recognise the rights and legitimate inter-
ests of victims with particular reference to criminal proceed-
ings.

for the dignity of

legal system.

2.
Each Member State shall ensure that victims who are
particularly vulnerable can benefit from specific treatment best
suited to their circumstances.

Article 3

Hearings, and provision of evidence

Each Member State shall safeguard the possibility for victims to
be heard during proceedings and to supply evidence.

Each Member State shall take appropriate measures to ensure
that its authorities question victims only insofar as necessary
for the purpose of criminal proceedings.

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

(d) procedures following such a report and their role in

connection with such procedures;

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

(f) to what extent and on what terms they have access to:

(i) legal advice or

(ii) legal aid, or

(iii) any other sort of advice,

in the cases envisaged in point (i) and (ii), they are

if,
entitled to receive it;

(g) requirements for them to be entitled to compensation;

(h) if they are resident in another State, any special arrange-
ments available to them in order to protect their interests.

Each Member State shall ensure that victims who have

2.
expressed a wish to this effect are kept informed of:

(a) the outcome of their complaint;

(b) relevant factors enabling them, in the event of prosecution,
to know the conduct of the criminal proceedings regarding
the person prosecuted for offences concerning them, except
in exceptional cases where the proper handling of the case
may be adversely affected;

(c) the court's sentence.

take the necessary measures to
3. Member States shall
ensure that, at least in cases where there might be danger to the
victims, when the person prosecuted or sentenced for an
offence is released, a decision may be taken to notify the victim
if necessary.

In so far as a Member State forwards on its own initiative
4.
the information referred to in paragraphs 2 and 3,
it must
ensure that victims have the right not to receive it, unless
communication thereof is compulsory under the terms of the
relevant criminal proceedings.

Article 5

Communication safeguards

Article 4

Right to receive information

1.
Each Member State shall ensure that victims in particular
have access, as from their first contact with law enforcement
agencies, by any means it deems appropriate and as far as

Each Member State shall, in respect of victims having the status
of witnesses or parties to the proceedings, take the necessary
measures to minimise as far as possible communication diffi-
culties as regards their understanding of, or involvement in, the
relevant steps of the criminal proceedings in question, to an
extent comparable with the measures of this type which it
takes in respect of defendants.

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Article 6

Specific assistance to the victim

Each Member State shall ensure that victims have access to
advice as referred to in Article 4(1)(f)(iii), provided free of
charge where warranted, concerning their role in the proceed-
ings and, where appropriate, legal aid as referred to in Article
4(1)(f)(ii), when it is possible for them to have the status of
parties to criminal proceedings.

Article 7

Victims' expenses with respect to criminal proceedings

Each Member State shall, according to the applicable national
provisions, afford victims who have the status of parties or
witnesses the possibility of reimbursement of expenses incurred
as a result of
legitimate participation in criminal
proceedings.

their

Article 8

Right to protection

Each Member State shall ensure a suitable level of protec-
1.
tion for victims and, where appropriate,
their families or
persons in a similar position, particularly as regards their safety
and protection of their privacy, where the competent authori-
ties consider that there is a serious risk of reprisals or firm
evidence of serious intent to intrude upon their privacy.

2.
To that end, and without prejudice to paragraph 4, each
Member State shall guarantee that it is possible to adopt, if
necessary, as part of the court proceedings, appropriate meas-
ures to protect the privacy and photographic image of victims
and their families or persons in a similar position.

Each Member State shall

3.
further ensure that contact
between victims and offenders within court premises may be
avoided, unless criminal proceedings require such contact.
Where appropriate for that purpose, each Member State shall
progressively provide that court premises have special waiting
areas for victims.

4.
Each Member State shall ensure that, where there is a
need to protect victims — particularly those most vulnerable
— from the effects of giving evidence in open court, victims
may, by decision taken by the court, be entitled to testify in a
manner which will enable this objective to be achieved, by any
appropriate means compatible with its basic legal principles.

Article 9

Right

to compensation in the
proceedings

course of

criminal

1.
Each Member State shall ensure that victims of criminal
acts are entitled to obtain a decision within reasonable time
limits on compensation by the offender in the course of crim-

inal proceedings, except where, in certain cases, national law
provides for compensation to be awarded in another manner.

2.
Each Member State shall take appropriate measures to
encourage the offender to provide adequate compensation to
victims.

3.
Unless urgently required for the purpose of criminal
proceedings, recoverable property belonging to victims which
is seized in the course of criminal proceedings shall be returned
to them without delay.

Article 10

Penal mediation in the course of criminal proceedings

1.
Each Member State shall seek to promote mediation in
criminal cases for offences which it considers appropriate for
this sort of measure.

Each Member State shall ensure that any agreement
2.
between the victim and the offender reached in the course of
such mediation in criminal cases can be taken into account.

Article 11

Victims resident in another Member State

Each Member State shall ensure that

1.
its competent
authorities can take appropriate measures to minimise the
difficulties faced where the victim is a resident of a State other
than the one where the offence has occurred, particularly with
regard to the organisation of the proceedings. For this purpose,
its authorities should,

in particular, be in a position:

— to be able to decide whether the victim may make a state-
ment immediately after the commission of an offence,

— to have recourse as far as possible to the provisions on
video conferencing and telephone conference calls laid
down in Articles 10 and 11 of the Convention on Mutual
Assistance in Criminal Matters between the Member States
of the European Union of 29 May 2000 (1) for the purpose
of hearing victims resident abroad.

2.
Each Member State shall ensure that the victim of an
offence in a Member State other than the one where he resides
may make a complaint before the competent authorities of his
State of residence if he was unable to do so in the Member
State where the offence was committed or, in the event of a
if he did not wish to do so.
serious offence,

The competent authority to which the complaint is made,
insofar as it does not itself have competence in this respect,
shall transmit it without delay to the competent authority in
the territory in which the offence was committed. The
complaint shall be dealt with in accordance with the national
law of the State in which the offence was committed.

Article 12

Cooperation between Member States

Each Member State shall foster, develop and improve coopera-
tion between Member States in order to facilitate the more
effective protection of victims' interests in criminal proceed-
ings, whether in the form of networks directly linked to the
judicial system or of
links between victim support organ-
isations.

(1) OJ C 197, 12.7.2000, p. 1.

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Article 13

Specialist services and victim support organisations

1.
Each Member State shall, in the context of proceedings,
promote the involvement of victim support systems respon-
sible for organising the initial reception of victims and for
victim support and assistance thereafter, whether through the
provision of specially trained personnel within its public
services or through recognition and funding of victim support
organisations.

2.
Each Member State shall encourage action taken in
proceedings by such personnel or by victim support organ-
isations, particularly as regards:

(a) providing victims with information;

(b) assisting victims according to their immediate needs;

(c) accompanying victims,
criminal proceedings;

if necessary and possible during

(d) assisting victims, at their request, after criminal proceedings

have ended.

Article 14

Training for personnel involved in proceedings or other-
wise in contact with victims

1.
Through its public services or by funding victim support
organisations, each Member State shall encourage initiatives
enabling personnel
involved in proceedings or otherwise in
contact with victims to receive suitable training with particular
reference to the needs of the most vulnerable groups.

Paragraph 1 shall apply in particular to police officers

2.
and legal practitioners.

Article 15

Practical conditions regarding the position of victims in
proceedings

1.
Each Member State shall support the progressive creation,
in respect of proceedings in general, and particularly in venues
where criminal proceedings may be initiated, of the necessary
conditions for attempting to prevent secondary victimisation
and avoiding placing victims under unnecessary pressure. This
shall apply particularly as regards proper initial reception of
victims, and the establishment of conditions appropriate to
their situation in the venues in question.

For the purposes of paragraph 1, each Member State shall
2.
in particular have regard to facilities within courts, police
stations, public services and victim support organisations.

Article 16

Territorial scope

This Framework Decision shall apply to Gibraltar.

Article 17

Implementation

Each Member State shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Framework Decision:

— regarding Article 10, 22 March 2006,

— regarding Articles 5 and 6, 22 March 2004,

— regarding the other provisions, 22 March 2002.

Article 18

Assessment

As from the dates referred to in Article 17, each Member State
shall forward to the General Secretariat of the Council and to
the Commission the text of
the provisions enacting into
national law the requirements laid down by this Framework
Decision. The Council shall assess, within one year following
each of these dates, the measures taken by Member States to
comply with the provisions of this Framework Decision, by
means of a report drawn up by the General Secretariat on the
basis of the information received from Member States and a
report in writing submitted by the Commission.

Article 19

Entry into force

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

Done at Brussels, 15 March 2001.

For the Council

The President

M-I. KLINGVALL