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]
Date: 2009-04-20
Institutions: European Commission
Subjects: crime, cross-border cooperation, indemnification, standard, victim

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EN 

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COMMISSION OF THE EUROPEAN 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 

   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)  

Austria 

Belgium  

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. 

general 

definition 

of  Criminal 
The  Code 
Procedure does not lay down 
a 
of 
"victim".  The  term  "victim" 
reflects  the  status  chosen  by 
the person concerned and the 
phase 
criminal 
of 
proceedings 
Article  5a  of  the  Preliminary 
Title of the Code of Criminal 
Procedure  gives  a  definition 

the 

in 

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 
Interior  Minister's 
Federal 
adopting 
regulations 
the  case  of 
directives 
intervention  (RLV); 
police 
art.  22(1)(5)  Law  on 
the 
security police (SPG) 
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 
the  Police 
conduct 

for 

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  
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) 
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 
Procedure 
Criminal 
(inserted  by  the  Law  of  2 
August  2002  on  statements 

Article 3 paragraph 1 
(Hearings)  

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  

47bis 

and  5  of 

the 
title,  Code  of 

Arts.  4 
preliminary 
Criminal Procedure 
Arts. 
(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 

2 

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Article 3 paragraph 1 
(Hearings)  

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)  

Member State  

Article 1 (Definitions)  

the 

"person  harmed" 

of 
("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 
la 
aux  droits  reconnus  à 
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 

Article 2 paragraph 1  
(Respect and recognition)  

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 
judiciaires,  repris 
autorités 
le  COL  14/98  du 
dans 
Collège 
procureurs 
généraux). 
Common  Directive  of 
the 
Minister  of  Justice  and  the 
College 
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 
to 
on  police 
victims in the integrated, two 

assistance 

des 

of 

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  
gathered  by  audio-video 
methods)  
Ministerial  Directive  on 
searching 
missing 
of 
persons  
Ministerial  Directive  on  the 
Sexual Assault Set (adopted 
by  the  COL  10/2005  of  15 
September  2005  of 
the 
College  of  the  Prosecutors 
French: 
general) 
(In 
Directive 
ministérielle 
relative  au  Set  Agression 
la 
Sexuelle, 
COL  10/2005  du  Collège 
des procureurs généraux) 
Joint  Circular 
the 
Ministry  of  Justice  and  the 
College 
Prosecutors 
General  COL  4/2006  of  1 
March  2006  on  criminal 
domestic 
policy 
violence. 
Circular  COL  3/2006  from 
the  College  of  Prosecutors 
General on the definition of 
interfamilial  violence  and 
the 
familial 
mistreatment  of  children, 
and 
identification 
the 
registration  of  complaints 

repris  dans 

extra 

from 

on 

of 

EN 

3 

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Article 2 paragraph 1  
(Respect and recognition)  

level police service. 

Member State  

Article 1 (Definitions)  

‘victim 

Community on 15 December, 
1998  contains  definitions  of 
‘victim’, 
care’, 
‘victim  assistance’,  victim 
aid’,  ‘victim  services’  and 
social worker’. 
Ministerial  Circular  GPI  58 
on  police 
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) 

assistance 

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  

and 

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  
police 
the 

human 

in  order 

by 
prosecutors 
Trafficking 
in 
beings, inter alia: 
Law  of  10  August  2005 
various 
amending 
provisions 
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. 
Art. 48 – 49 and 140, Code 
of Criminal Procedure  
Art.  1(2),  21  –  24,  Law  on 
in 
combating 

trafficking 

Article 3 paragraph 1 
(Hearings)  

Art.  75(1)(2),  82(1),  87(1)(2), 
Code Of Criminal Procedure  

EN 

4 

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Member State  

Article 1 (Definitions)  

Article 2 paragraph 1  
(Respect and recognition)  

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  

human beings  
Art.  1(1),  3  and  4,  Law  on 
protection  against  domestic 
violence  
Art. 10, 12, 26 and 31, Law 
violence 
on 
(Prevention  and  Protection 
of 
[No. 
Victims) 
119(I)/2000] 

family 

Article 3 paragraph 1 
(Hearings)  

Article  28(1),  and  art.  30  of 
Part II, Constitution 

Sections  3,  10  and  11,  Law 
on  combating  of  trafficking 
in 
sexual 
exploitation  of  children  (No. 
3(I)/2000) 

persons 

and 

compensation  to  victims  of 
in  State 
crime,  published 
Gazette  No.  105/22.12.2006, 
in force from 01.01.2007  
Section 2, Law on combating 
of  trafficking  in  persons  and 
sexual 
of 
exploitation 
children (No. 3(I)/2000) 
Law  on 
family  violence 
(Prevention and Protection of 
Victims) 
[No.  119(I)/2000 
and 212(I)/2004] 
(partially transposed)  
Art. 12, 43(1), Probation and 
Mediation Code of the Czech 
Republic. 
New  laws  are  in  preparation 
differences 
setting 
between 
and 
"injured",  on 
the  role  of 
victim  support  organisations 
in  assisting  victims  and 
clarifying 
difference 
the 
between  "proceedings"  and 
"criminal proceedings". 
(partially transposed) 

"victim" 

out 

Cyprus  

Czech Republic  

Denmark  

EN 

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 

Transposed  provisions  not 
communicated 

Transposed  provisions  not 
communicated 

Transposed  provisions  not 
communicated. 
Not  governed  by  legislation 
in  Denmark  but  by  good 
administrative practice. 

5 

EN 

 
  
 
 
 
 
 
Member State  

Article 1 (Definitions)  

Estonia  

France  

Finland  

Art.  37  Code  of  Criminal 
Procedure  
Art. 3 Victim Support Act  
(partially transposed) 
Not  transposed.  Definitions 
in the FD correspond to what 
is understood in French law. 

Hungary  

EN 

Arts.  42,  49,  51  and  54, 
221/A,  Law  XIX  of  1998  on 
criminal procedure  
Article  2(1)(2),  Act  No. 
CXXIII 
on 
Mediation in Criminal Cases 
Art.  1  Act  CXXXV  of  2005 

2006 

of 

Article 2 paragraph 1  
(Respect and recognition)  

Art.  9,  16  and  17  Code  of 
Criminal Procedure  

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  
Transposed  provisions  not 
communicated 

Article 3 paragraph 1 
(Hearings)  

Art.  38(1)(2)(3),  Code  of 
Criminal Procedure  

Law of 15 June 2000 (title II, 
first chapter) 

Art.  99  Law  of  15  June 
2000  

1a 

n°. 

17,  Code 

Sections 
and 
3(243/2006),  Chapter  2, 
Criminal Procedure Act, 
Sections  6  and  15,  Act  on 
the 
of 
Openness 
in  General 
Proceedings 
370/2007, 
Courts 
Sections  21,  34a  and  41, 
Chapter 
of 
Judicial Procedure. 
There  are  guidelines  for 
domestic  violence  cases. 
specialised 
There 
prosecutors 
("key 
prosecutors")  specialised  in 
offences against women and 
children. 
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 

are 

Section  14,  Chapter  1  and 
Section 
6, 
7,  Chapter 
Criminal Procedure Act 
Section  8,  Chapter  17,  Code 
of Judicial Procedure 

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  

6 

Section  14,  Chapter  1  and 
Section 7, Chapter 6, Criminal 
Procedure Act 
Section 8, Chapter 17, Code of 
Judicial Procedure 
Section 
Investigations Act  

Criminal 

12, 

Art.  53,  54,  85,  88,  171,  185, 
199,  Law  XIX  of  1998  on 
criminal procedure  

EN 

 
  
 
 
 
 
 
Member State  

Article 1 (Definitions)  

Article 2 paragraph 1  
(Respect and recognition)  

on Crime Victim Support and 
State Compensation 
(partially transposed) 

Germany 

Italy  

Ireland 

Lithuania  

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 
points 
organisation, 
89,117,135 of  the  Guidelines 
on criminal procedure. 
Art.  90  et  seq.,  Code  of 
Criminal Procedure 

Art.  90  Code  of  Criminal 
Procedure  
(partially transposed) 

Art.  28  Code  of  Criminal 
Procedure 

Art.  7,  28,  44,  178,  Code  of 
Criminal Procedure 

Luxembourg  

EN 

Governmental  decree  of  20 
September  2001  and  art.  77 

7 

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  
participating in criminal 
proceedings and for those 
providing assistance in the 
administration of justice 
Arts.  58a,  168e,  247,  247a, 
255a,  403-406d  Code  of 
Criminal  Procedure;  art.172 
of 
judicial 
law  on 
the 
organisation, 

Article 3 paragraph 1 
(Hearings)  

Not communicated 

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 

8 

Domestic 

Chapter 
Violence Act 1996 
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 
Law 
Justice 
and 
Enforcement 
Institutions 
from Criminal Impact.  
Arts.  48-1,  79-1  and  158-1 
of  the  Code  of  Criminal 

Section 5 Criminal Justice Act 
1993 (sexual offences only) 
Art.  183(2),  185,  Code  of 
Criminal Procedure  

Arts.  1,  56,  69,  88,  133  and 
134-1 of the Code of Criminal 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Member State  

Article 1 (Definitions)  

Netherlands, The  

Not communicated. 

Poland  

Portugal1 

Article  23,  49(1),  Code  of 
Criminal Procedure 
1999  Charter  of  Victims 
Rights 
(partially transposed) 

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 
in 
12  June  on  Mediation 
Criminal Proceedings 

Article 2 paragraph 1  
(Respect and recognition)  

of the Law of 7 March 1980. 

Terwee 
Regulation 
(Instruction  of  the  29  June 
1999 
and  Law  of  23 
December 1992. 

Art. 30, Polish Constitution  
Art.  2(1)-3,  177(1a),  184, 
341(1), 
339(5), 
191(3), 
343(5), 
384(2), 
360-364, 
390(2),  Code  of  Criminal 
Procedure 
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 paragraph 2 
(Victims particularly 
vulnerable)  

Article 3 paragraph 1 
(Hearings)  

Procedure. 
Draft Law not yet in force 
Instruction  of  the  26  June 
1999,  Arts  51  and  334  of  the 
Code of Criminal Procedure. 

Art.  9,  96(2),  116,  171,  Code 
of Criminal Procedure 

131-133  Code 

Arts. 
Criminal Procedure. 

of 

of 

victims 

Procedure 
Draft law not yet in force. 
Directive  on  the  treatment 
of 
sexual 
offenses  of  16  February 
1999,  Directive  on  sexual 
abuse 
dependent 
relationships of 16 February 
1999 (AB to check) 
Art. 51(2)(3), 185a, Code of 
Criminal Procedure 

in 

of 

Art.  87(2),  (3),  92,  93, 
131(3),  271,  349,  352(1) 
Criminal 
Code 
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 
penal 
(excludes 
mediation  in  crimes  against 
sexual  freedom  or  sexual 
cases 
self  determination 

1 

EN 

Portugal: On 20 November 2008, the Council of Ministers approved the Draft Law on the legal regime applicable to the prevention of domestic violence, protection and 
assistance to its victims, revoking Law 107/99 and Decree-Law 323/2000. 

8 

EN 

 
  
                                                 
Member State  

Article 1 (Definitions)  

Article 2 paragraph 1  
(Respect and recognition)  

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  
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). 
Art.  26  –  44,  Law  no. 
678/2001  on  the  prevention 
and 
of 
combating 
trafficking in human beings  

Article 3 paragraph 1 
(Hearings)  

Art.  76,  Code  of  Criminal 
Procedure 

Art.  15,  17  –  21,  173  and 
174,  Code  of  Criminal 
Procedure 

Sections  43,  44,  44a,  50,  70, 
103a,  154,  158a,  Code  of 
Criminal Procedure 
Transposed  provisions  not 
communicated 

Section  45,  101b,  Code  of 
Criminal Procedure 

Sections 43 and 101b, Code of 
Criminal Procedure 

Art.  64,  65(3),  178(4), 
331(4)(5), 
Criminal 
Procedure Act 

Art.  59,  Criminal  Procedure 
Act 

Art.  24,  Code  of  Criminal 
Procedure  
Art.  1,  Law  192/2006  on 
mediation  and  professional 
organisation of mediators.  
(partially transposed) 
Sections  12(16),  43(1),  Code 
of Criminal Procedure  
(partially transposed) 
Art. 
Criminal Procedure Act 
Interior 
of 
Ministry 
Guidelines  no.  2214-1-31/1-
04/02, 30 March 2004  
(partially transposed) 

144(a)(6), 

161a, 

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  

arts. 

32/1999 

Art. 57 Criminal Code; Law 
N° 
6-9 
(victims  of  terrorism);  Law 
N°  35/1995  arts.  1,2,5,  15 
(victims  of  violence  and 
sexual offenses)  
Art.  2a  and  17,  Code  on 
Preliminary 
Investigations 
[1947:948] 
Art. 

3,  Law 

on 

1, 

Arts.  302,  Law  N°  627  on 
criminal 
procedure 
(investigation);  arts.  633,  651, 
652, 653, 734 (oral procedure)  

Art.  8  and  9,  Chapter  20: Art. 
2,  Chapter  22,  Code  of 
Judicial Procedure  

Romania  

Slovakia  

Slovenia  

Spain 

Sweden  

EN 

9 

EN 

 
  
 
 
 
Member State  

Article 1 (Definitions)  

United Kingdom  

the 
England  and  Wales: 
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 
and 
guardians  of  those  under  the 
age  of  17,  and 
family 
members  where  the  victim 
has  been  killed  as  a  result  of 
This 
criminal 
definition  and  other  terms 
used 
are 
consistent with Article 1. 
Scotland:  Scottish  Strategy 
for Victims Action Plan. 

the  Code 

activity. 

parents 

in 

Article 3 paragraph 1 
(Hearings)  

England  and  Wales:  Non-
statutory  Victim  Personal 
Statement  (VPS)  +  proof  of 
evidence statement.  
Scotland: 

Article 2 paragraph 1  
(Respect and recognition)  

Law  on  compensation  for 
criminal offences [1978:413] 
Arts. 2a, 5, 13 a-c, 14 and 17, 
Code 
Preliminary 
on 
Investigations [1947:948] 
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. 

Article 2 paragraph 2 
(Victims particularly 
vulnerable)  
counselling  the  civil  party 
(2001:230) 

Act 

England  and  Wales:  Youth 
Criminal 
Justice 
& 
Evidence 
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. 

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)  

Partially transposed. 

EN 

11 

EN 

 
  
Member State  

Austria  

Article 3 paragraph 1 
(Provision of evidence) 
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 

Article 3 paragraph 2 
(Hearing of victims) 
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 

Belgium  

(phase 
and 

the  Code  of 

the 
title,  Code  of 

Arts.  4  and  5  of 
preliminary 
Criminal Procedure 
de 
Arts. 
47bis 
l’information) 
70bis 
(phase de l’instruction) of the 
Code of Criminal Procedure 
Art.  57  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. 
57(2), 
28quinquies, 
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 
search for missing persons  
Ministerial  Directive  on  the 
Sexual  Assault  Set  (adopted 
by  the  COL  10/2005  of  15 
the 
September  2005  of 
Prosecutors- 
of 
College 

directive 

on 

Article 4 (Right to receive 
information) paragraph 2 
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 

Art.  5bis  of  the  preliminary 
title,  Code  of  Criminal 
Procedure 

Arts.  182,  195  and  216ter  of 
of  Criminal 
the  Code 
Procedure 

Article 4 (Right to receive 
information) paragraph 1 
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 
Procedure; 
Criminal 
brochure 
information 
the  Federal 
available  on 
Ministry  of  Justice's  site 
(http://www.bmj.gv.at) 
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 
are 
available  on  the  Ministry  of 
Justice's 
website 
(www.just.fgov.be). 

leaflets 

Arts.  182,  195,  216ter  and 
553,  §2,  of  the  Code  of 
Criminal Procedure 

Article  508/3,  3°  of 

the 

EN 

12 

EN 

 
  
 
 
 
 
 
 
 
 
Member State  

Article 3 paragraph 1 
(Provision of evidence) 

audio-video methods)  

Bulgaria  

Arts.  82(1)  and  87  Code  of 
Criminal Procedure  

Cyprus  

on 

Section 74(1)(e) and 76, Cap. 
155,  Law 
criminal 
procedure  
Sections 9-14, Law on family 
violence 
and 
Protection  of  Victims)  [No. 
119(I)/2000 and 212(I)/2004] 

(Prevention 

Article 3 paragraph 2 
(Hearing of victims) 
(In 

French: 
general) 
(Directive 
ministérielle 
relative  au  Set  Agression 
Sexuelle,  repris  dans  le  COL 
10/2005  du  Collège  des 
procureurs généraux) 
Transposed  provisions  not 
communicated 

Transposed  provisions  not 
communicated 

Article 4 (Right to receive 
information) paragraph 1 
Judicial Code  

Article 4 (Right to receive 
information) paragraph 2 

Art.  75  Code  of  Criminal 
Procedure  

Art.  29  Constitution  of 
Cyprus 
Section 112 and 112(1), Cap. 
115,  Law 
criminal 
procedure  

on 

the 

Art.  75  Code  of  Criminal 
Procedure  
Art.  6  and  7  of  the  Law  on 
support 
financial 
and 
compensation  to  victims  of 
crime  
At 
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 
on 
Advisory  Committee 
Violence 
the  Family 
in 
appointed  by  the  Council  of 
Ministers  
National  Machinery 
Women’s Rights  
Booklets  published  by  the 
and 
Ministry  of 
Public Order  
Leaflets, 
seminars/campaigns 
website. NGO.  
Ten 

publications, 
and 

Family  Counsellors 

Justice 

for 

EN 

13 

EN 

 
  
 
Member State  

Article 3 paragraph 1 
(Provision of evidence) 

Article 3 paragraph 2 
(Hearing of victims) 

Czech Republic  

Arts. 43(1), 101, 102 Code of 
Criminal Procedure 

Arts.  102,  221,  215(1)  Code 
of Criminal Procedure 

Article 4 (Right to receive 
information) paragraph 1 
appointed  in  2001  by  the 
Welfare  Department  for  the 
guidance  and  support  of 
family members experiencing 
family violence 
Paragraph 
transposed  
Art.  1(14),  14  and  46,  Code 
of Criminal Procedure 
(partially transposed)  

not 

(h) 

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 
the  victim's 
testimony. 

take 

to 

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 

Article 4 (Right to receive 
information) paragraph 2 

Art.  65(1),  130(1),  158(2), 
159(5), 
176(1), 
173(3), 
179c(4),  196(1),  198(2)  and 
314(2),  Code  of  Criminal 
Procedure 

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 

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 2 

to 

of 

Article 4 (Right to receive 
information) paragraph 1 
crime  -  shall  be  informed  of 
the  possibility 
receive 
counselling. 
Circular 
22 
letter 
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 
on 
counselling  of  victims  has 
been 
the 
transferred  from 
Ministry  of  Justice  to  the 
National Police.  

guidelines 

Communication No 8/2007 
This  Communication,  issued 
by  the  Director  of  Public 
contains 
Prosecutions, 
the 
detailed  directions  on 
to 
to  be  given 
guidance 
victims 
in  criminal  cases 
before, during and after trial. 
It also contains guidelines on 
an 
the 
of 
contact 
attorney 

appointment 
a 
and 

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 2 

Article 4 (Right to receive 
information) paragraph 1 
person.  
Order  No  1108/2007  issued 
by  the  Ministry  of  Justice, 
contains 
the 
rules 
obligation  of  the  police  and 
to  give 
the  prosecution 
information 
guidance  and 
and 
to  appoint  a  contact 
person  to  victims  in  criminal 
cases. 

on 

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 
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 

the 

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 
guidance/information  to  the 
victim on the expected/actual 
course  of  the  case  (Section 
741 e). 
the 
-  The  obligation  of 
prosecution 
the 
inform 
to 
victim  of  the  indictment  and 
time  of  the  trial  and  of  any 
appeal  or  reopening  of  the 
case (Section 741 f). 

Art. 38(1), 41, 224, 236, 281, 
310,  344,  Code  of  criminal 
procedure  
Art. 33, Victim Support Act  
Paragraph 
not 
transposed 
Art  40-1,  53-1  and  75  of  the 
Code of Criminal Procedure 

(h) 

Article 4 (Right to receive 
information) paragraph 2 

Transposing  provisions  not 
communicated  

Paragraphs a) and c): art 40-1 
and  80-3  Code  of  Criminal 
Procedure 
Paragraph b) not transposed. 

Estonia  

France  

Finland  

Art.  38(1)  Code  of  criminal 
procedure  

Transposed  provisions  not 
communicated  

Art  427  of 
Criminal Procedure 

the  Code  of 

Transposed  provisions  not 
communicated 

Section  14,  Chapter  1  and 
6, 
7,  Chapter 
Section 
Criminal Procedure Act 
Section  8,  Chapter  17,  Code 
of Judicial Procedure 
Section 
Investigations Act  

Criminal 

12, 

Section 
Investigations Act 

12, 

Criminal 

6  Decree 

Section 
on 
preliminary investigation and 
enforcement no. 575/1988 
Information  and  leaflets  are 
available  on  the  Ministry  of 
website 
Justice's 
(www.om.fi).  Information  of 
importance  to  victims  can 
also  be 
the 
several 
homepages 
authorities  or  organisations, 

found  on 
of 

11 

Act 

Criminal 
Section 
Investigations 
n° 
449/1987,  Sections  3,  4  and 
5,  Decree  on  preliminary 
and 
investigation 
enforcement  n°  575/1988, 
Section  12,  Chapter  11, 
Criminal Procedure Act. 

EN 

17 

EN 

 
  
 
 
  
Member State  

Article 3 paragraph 1 
(Provision of evidence) 

Article 3 paragraph 2 
(Hearing of victims) 

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  

Article 4 (Right to receive 
information) paragraph 2 

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  

on 

1998 

Article 4 (Right to receive 
information) paragraph 1 
in  Finnish,  Swedish  and 
English 
Arts. 9, 51, 57, 62, Law XIX 
of 
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) 
transposed 

not 

Germany 

Italy  

Ireland  

EN 

Art.  397  of  the  Code  of 
Criminal Procedure 

Transposed  provisions  not 
communicated 

Art.  406d  of  the  Code  of 
Criminal 
Procedure, 
paragraphs 89 and 135 of the 
Guidelines 
criminal 
on 
procedure 
Art. 360, 369, 398, 406, 419, 
429,  465,  467,  519,  552, 
Code of Criminal Procedure  
Para. a and c not transposed  
Section  5  Criminal  Justice  Section  5  Criminal  Justice  Charter for Victims of Crime  Charter for Victims of Crime 

Information  is  available  in 
German,  French  and  English 
on the website of the Federal 
Ministry 
Justice 
of 
http://www.bmj.bund.de 
Not transposed  

Art.  187,  194,  Code  of 
Criminal Procedure 

Art. 90, 194, 351, 362, Code 
of Criminal Procedure 

18 

EN 

 
  
 
 
 
 
Article 4 (Right to receive 
information) paragraph 1 
(not 
not 
binding) 

statutory 

and 

Article 4 (Right to receive 
information) paragraph 2 
(not 
not 
binding) 

statutory 

and 

Member State  

Article 3 paragraph 1 
(Provision of evidence) 
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 
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 
the  Gardaí  Síochána 
to 
(police)  they  investigate  the 
crime on behalf of the State. 

the 

of 

Article 3 paragraph 2 
(Hearing of victims) 
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 
‘appropriate 
Ireland 
measures’ is a reliance on the 
the 
independence 
their 
Judiciary 
application  of 
in 
carrying  out  their  duty  of 
care 
to  a  victim  during 
criminal  proceedings.  The 
questioning  of  victims  of 
rape  and 
sexual 
assault is covered by specific 
legislation  in  recognition  of 
the 
sensitive 
nature  of  the  possible  line  of 
questioning  directed  at  a 
witness  (victim).  There  is  no 
further 
need 
legislative  measures 
to 
transpose 
measure 
outlined in paragraph 3(2). 
Sections 12, 15 and 16 of the 

particularly 

fairness 

serious 

any 

and 

the 

for 

EN 

19 

EN 

 
  
Member State  

Article 3 paragraph 1 
(Provision of evidence) 

Lithuania  

Art.  28(2),  Code  of  Criminal 
Procedure 

Luxembourg  

Arts. 1, 56, 69, 88, 133, 134-
1 
Criminal 
of 
Code 
Procedure.  
Draft Law not in force yet. 

Article 3 paragraph 2 
(Hearing of victims) 
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 
video 
location 
and 
the  evidence 
recording  of 
may  be  used  as  evidence  in 
Court. 

a 

it 
LT  did  not  consider 
necessary 
introduce 
to 
explicit  legislation  under  this 
provision. 
Arts. 48-1, 79-1, 158-1 Code 
of Criminal Procedure.  

Netherlands, The 

Art.  334  Code  of  Criminal 
Procedure.  

Arts. 334, 187 and 216 Code 
of Criminal Procedure.  

Article 4 (Right to receive 
information) paragraph 1 

Article 4 (Right to receive 
information) paragraph 2 

Arts.  45  and  46(2)  Code  of 
Criminal Procedure 
Specialised 
www.teisinepagalba.lt  

website 

Draft  Law  will  cover  this. 
Not in force yet. 

Victim 

The 
Instruction 
Paragraph h) not transposed 

Support 

Arts.  28(2),  166(4),  168(3), 
181,  237,  308,  Code  of 
Criminal Procedure 

Paragraphs  a)  and  b)  to  be 
covered  by  draft  Law  not  in 
force  yet.  Paragraph  c)  art. 
190  Code 
of  Criminal 
Procedure.  

Article  12  ff.  ,  Article  51d 
Code of Criminal Procedure 

EN 

20 

EN 

 
  
 
 
 
 
 
 
 
Member State  

Poland  

Article 3 paragraph 1 
(Provision of evidence) 
Art.  9  Code  of  Criminal 
Procedure 

Article 3 paragraph 2 
(Hearing of victims) 
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)  

Article 4 (Right to receive 
information) paragraph 2 
Art.  96(2),  100,  117,  305(4), 
334(5),  342(5),  Code  of 
Criminal Procedure 

of 
Victims 

Article 4 (Right to receive 
information) paragraph 1 
Arts.  16  46,  62  and  87  Code 
of Criminal Procedure. A list 
of  organisations  that  provide 
support  to  victims  is  posted 
Justice 
on  Ministry 
website. 
are 
informed,  inter  alia,  via  a 
"victims'  week"  event.  (h) 
Victims  are  informed  of  the 
mechanism  set  up  under 
Directive 
Council 
2004/80/EC on compensation 
(art. 10 of Law of 7/07/05 on 
state 
for 
compensation 
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 
Resources” 
“Human 
Operational 
Programme 
the  European 
financed  by 
Social  Fund,  and  will  be 
distributed 
judicial 
to 
authorities  as  well  as  law 
enforcement  authorities  by 
end  of  2008.  An 
the 

the 

EN 

21 

EN 

 
  
Article 4 (Right to receive 
information) paragraph 2 

Article 4 (Right to receive 
information) paragraph 1 
information  campaign  will 
also  be  launched  within  that 
project, covering information 
for 
victims.Partially 
transposed  

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 

Member State  

Article 3 paragraph 1 
(Provision of evidence) 

Article 3 paragraph 2 
(Hearing of victims) 

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 

and 

training 

information 
The 
not 
does 
communicated 
provision: 
transpose 
this 
INOVAR, 
of 
Creation 
charged  with 
the 
republican  national  guard 
(GNR) 
public 
(PSP). 
police 
security 
Resolution  of  the  Council  of 
Ministers 
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. 

n° 6/99, 

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 
for 
on  certain  measures 
assured  protection  of  victims 

Art.  275,  277,  240  and 
360(1),  Code  of  Criminal 
Procedure 

EN 

22 

EN 

 
  
 
 
 
 
Member State  

Article 3 paragraph 1 
(Provision of evidence) 

Article 3 paragraph 2 
(Hearing of victims) 

Slovakia  

Section 43, Code of Criminal 
Procedure 

Section 
Criminal Procedure 

101b,  Code 

of 

Slovenia  

Spain 

Arts.  59,  177,  Criminal 
Procedure Law 

Transposed  provisions  not 
communicated 

277 
Art. 
applications), 
659(1)  of 
Criminal  Procedure 
procedure) 

(lodging 
656, 
the  Law  on 
(oral 

arts. 

Art  15 
35/1995 

(3)  of  Law  N° 

Article 4 (Right to receive 
information) paragraph 2 
Art.  187,  Law  no.  224/2006 
amending  Law  302/2004  on 
judicial 
international 
cooperation 
criminal 
matters  

in 

Section  200(2),  Code  of 
Criminal Procedure 

Transposed  provisions  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 

Article 4 (Right to receive 
information) paragraph 1 
of crime 
Paragraph 
transposed 

(h) 

not 

(h) 

for 

not 

Section 46, Code of Criminal 
Procedure 
"Information 
parties 
injured  as  the  result  of  a 
criminal  act"  distributed  to 
law enforcement agencies  
Paragraph 
transposed 
Guidelines of the Ministry of 
the  Interior  no.  2214-1-31/1-
04/02, 30 March 2004  
(partially transposed)  
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 

EN 

23 

EN 

 
  
 
Member State  

Sweden  

Article 3 paragraph 1 
(Provision of evidence) 
Art.  6,  Chapter  35,  Code  on 
Judicial Procedure  

Article 3 paragraph 2 
(Hearing of victims) 
Art.  5  and  17,  Code  on 
Preliminary 
Investigations 
(1947:948) 

United Kingdom  

England  and  Wales:  Non-
statutory  Victim  Personal 
Statement  (VPS)  +  proof  of 
evidence statement.  
Criminal 
the 
Scotland: 
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 
all 
information  in  one  interview 
so 
repeat 
to 
as 
attendance. 

obtaining 

avoid 

Scotland: 

Article 4 (Right to receive 
information) paragraph 1 
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.  

England  and  Wales:  leaflets 
on Victims of Crime, Making 
a Victim Personal Statement, 
Giving  a  Witness  Statement, 
in  Court,  The 
Witness 
Victim’s  Code  of  Practice, 
Prisoners. 
of 
Release 
Available 
other 
8 
in 
languages  according  to  the 
most 
spoken 
common 
languages by those for whom 
English 
first 
is  not 
language.  Also  available  in 
Braille,  audio-tape  and  large 
website 
print. 
The 
www.cjsonline.gov.uk 
also 
extensive 
contains 
information  on 
the  same 
themes. 

the 

Article 4 (Right to receive 
information) paragraph 2 
Art.  13a-c  and  14,  Code  on 
Preliminary 
Investigations 
(1947:948) 

England  and  Wales: 
the 
Victims'  Code  of  Practice 
requires  the  police,  Crown 
Prosecution  Service,  Witness 
Care  Units  and  Probation 
Service 
all 
information listed. 
Scotland: 
Justice (Scotland) Act 2003 

Criminal 

provide 

the 

to 

EN 

24 

EN 

 
  
 
 
Member State  

Article 3 paragraph 1 
(Provision of evidence) 

Article 3 paragraph 2 
(Hearing of victims) 

Member State  

Austria  

Belgium  

Article 4 (Right to receive 
information on offender's 
release) paragraph 3 
 Sec  177  Par  5  of  the  new 
Code of Criminal Procedure. 

Article 4 (Right not to 
receive information) 
paragraph 4 
Sec  177  Par  5  of  the  new 
Code of Criminal Procedure. 

to 

of 

on 

status 

serving 

Art.  2,  6°  of  the  Law  of  17 
May  2006  on  the  external 
persons 
legal 
to  a  custodial 
sentenced 
sentence 
rights 
and 
conferred  on  the  victim  in 
of 
relation 
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 

to 

of 

on 

status 

serving 

See  previous  paragraph  (not 
fully transposed) 
Art.  2,  6°  of  the  Law  of  17 
May  2006  on  the  external 
legal 
persons 
to  a  custodial 
sentenced 
rights 
and 
sentence 
conferred  on  the  victim  in 
relation 
of 
sentences: the victim may ask 
to be heard/informed 
the 
+ 
provisions 
instruments 
implementing 
(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 
further 
not 

be 

in 

to 

Article 4 (Right to receive 
information) paragraph 1 
Scotland: 
Criminal 
the 
Justice (Scotland) Act 2003 

Article 5  
Communication safeguards 

Sec  66Pars  1-5,  Sec  126  Par 
1  new  Austrian  Code  of 
Criminal  Procedure  (right  to 
translation  free  of  charge  for 
non-German speakers)  

the 

two 

integrated, 

Art.  46,  Law  of  August  5, 
1992 on the police  
Art. 123, Law on establishing 
an 
level 
police service. 
Ministerial  circular  GPI  58 
on assistance given to victims 
by 
service, 
police 
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 

Article 4 (Right to receive 
information) paragraph 2 

Article 6 
Specific assistance to the 
victim 

.  66,  67,  73,  new 
Secs 
Austrian  Code  of  Criminal 
Procedure  

Book  IIIbis  of  the  Judicial 
Code, 
articles 
including 
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 
legal 
way  of  a  reasoned 
opinion or legal assistance in 
the context of proceedings or 
otherwise, 
including 
the 
representation  within 
meaning  of  art.  728.  The 

EN 

25 

EN 

 
  
 
 
Member State  

Article 6 
Specific assistance to the 
victim 
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. 

Article 4 (Right not to 
receive information) 
paragraph 4 

heard/informed. 
Law  of  21  April  2007  on 
interning  persons  suffering 
from  mental  health  problems 
(not yet in force) and Law of 
the 
26  April  2007  on 
availability  of  the  court  for 
applying  sentences  (tribunal 
de  l’application  des  peines) 
(not yet in force) 

Article 5  
Communication safeguards 

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 
in 
judicial  matters  of  15  June 
1935 
further 
with 
amendments 
Arts.  332,  333,  47,  Code  of 
Criminal Procedure  

languages 

Article 4 (Right to receive 
information on offender's 
release) paragraph 3 
Art. 1 4° of Royal Decree of 
the 
29  January  2007  on 
execution of Art. 2, 6° of the 
Law  of  17  May  2006  on  the 
status  of 
legal 
external 
a 
to 
sentenced 
persons 
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 
interning 
April  2007  on 
persons 
from 
mental  health  problems  (not 
yet in force) 

suffering 

Law of 26 April 2007 on the 
availability  of  the  court  for 
applying  sentences  (tribunal 
de  l’application  des  peines) 
(not yet in force) 

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 

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 

Cyprus  

Section  112(1),  Cap.  115, 
Law on criminal procedure 

Not transposed  

Transposed  provisions  not 
communicated 

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 

Denmark  

Article  152 
(1)  Criminal 
Code  (confidentiality  clause) 
provides  that  a  person  who 
public 
works 
in 
administration  may 
not 
transmit 
personal 
information. 

(e)  Criminal 

Article  152 
Code 
It  is  not  a  breach  of  the 
confidentiality  clause  where 
the  person 
is  under  an 
obligation  to  pass  on  the 
the  public 
in 
information 
interest or in the interest of a 
specific  individual.  Decided 
on a case by case basis. 

on 

149,  Act 

Section 
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 

on 

legal 

crime 
Legal Aid Law  
Law 
no.165(I)/2002 
Government 
supports  and 
subsidises  programmes  run 
by 
support 
organisations  

victim 

aid 

Art.  51a,  Code  of  Criminal 
Procedure  
Public 
administration 
supports  and  awards  grants 
run  by 
for  programmes 
victim support organisations  
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 
of 
letter 
December  2006  from 
Ministry of Justice 
Sections 
741f, 
741a 
Chapter  66a,  995,  Act  on 
Administration  of 
Justice 
This  provision  contains  rules 
on free legal aid to victims. 

22 
the 

– 

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 

Estonia  

France  

Finland  

Transposed  provisions  not 
communicated 

Transposed  provisions  not 
communicated 

the 

enforcement 

Section  12,  Chapter  2,  Law 
of 
on 
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 

Article 5  
Communication safeguards 

telecommunication 
(Subsection 7).  
Arts.  41,  Code  of  criminal 
procedure  
Art. 3, Victim Support Act  

Article 41 (9), 102, 344, 345, 
407, 408 and 535 of the Code 
of Criminal Procedure  

Section 
2,  Chapter 
Criminal Procedure Act 
Section 
Investigations Act 

37, 

Criminal 

6a, 

Article 6 
Specific assistance to the 
victim 

Art. 3-6, Victim Support Act  
Art.  4,  6(1),  10(5),  State 
Legal Aid Act 

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 : 
Sections  1  and  3,  Chapter  1, 
Legal Aid Act 
Sections  1a,  3  and  10, 
Chapter 
Criminal 
2, 
Procedure Act. 
partially 
government 
FI 
Support 
Victim 
funds 
Finland 
provides 
that 
services  (e.g.  national  help 
line  and 
line, 
to 
trained 

legal  help 

volunteers) 

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 

Hungary  

Not transposed 

Not transposed 

Art.  9,  57,  114,  Law  XIX  of 
1998 on criminal procedure  

Germany 

Italy  

Not transposed  

Not transposed  

Art. 185 of the Law on Court 
Proceedings 
("Gerichtverfassungsgesetz) 
on interpreters. 
Not fully transposed 
Art. 
Criminal Procedure 

143(2),  Code 

of 

Article 6 
Specific assistance to the 
victim 

victims. 

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 
State 
Compensation 

and 

Art  397a  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 
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 

Ireland  

EN 

Charter for Victims of Crime 
– non binding 
Not fully transposed 

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 

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. 

29 

EN 

 
  
 
 
 
 
Article 5  
Communication safeguards 

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 
website 
on 
accessed 
www.courts.ie 
.  Where  a 
victim  becomes  a  witness  in 
a  case  a  free 
translation 
is  made  available. 
service 
See  also  comments  under 
Article 6. 

Article 6 
Specific assistance to the 
victim 

-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 

Member State  

Article 4 (Right to receive 
information on offender's 
release) paragraph 3 

Article 4 (Right not to 
receive information) 
paragraph 4 

it 

the 

that 

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 
is 
Service  states 
extremely  conscious  of  a 
person’s  plight  as  a  victim 
and 
potentially 
devastating  consequences  of 
some  offences.  The  Service 
acknowledges  that  for  every 
offender there is a victim and 
that  for  them  the  prevention 
of 
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. 

re-victimisation 

is 

EN 

30 

EN 

 
  
 
Member State  

Lithuania  

Article 4 (Right to receive 
information on offender's 
release) paragraph 3 
Articles  128(4)  and  308(5) 
Code of Criminal Procedure 

Article 4 (Right not to 
receive information) 
paragraph 4 

Not transposed  

Luxembourg  

Draft law not yet in force 

Draft law not yet in force 

Netherlands, The 

Not transposed  

Not transposed  

Article 5  
Communication safeguards 

Arts.  45,  181,  185,  Code  of 
Criminal Procedure 

Art.  70  and  74,  Code  of 
Criminal Procedure  

Article 6 
Specific assistance to the 
victim 
Art.  45  Code  of  Criminal 
Procedure 
Law on legal aid  
Art.  2  of  10  August  1995 
Law on legal aid  

Arts. 191, 274 – 276 Code of 
Criminal Procedure 
Directive 
interpreting 
on 
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 

criminal 

The  authorities  conducting 
proceedings 
the 
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 
a 
sufficient  degree  to  follow 
questions  and  formulate  the 
answers, 
of 
documents  is  given  free  of 
as 
as 
charge 
interpretation 
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). 

well 
during 

translation 

to 

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, 
institutions  and 
social  aid 
in 
involved 
other  bodies 
helping 
From 
victims. 
October  2007  to  June  2008 
12  Local  Support  Centres 
were  established  within  the 
pilot  NPV 
in  Mazovian, 
Silesian  and  Opolskie  areas. 
received 
Victims 
and 
comprehensive 
assistance 
interdisciplinary 

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 

The victim can be assisted by 
cases  of 
in 
"proxy" 
a 
difficulties 
communication 
about 
the 
stages of proceedings (art. 87 
CCP).  

understanding 

The 

Article 6 
Specific assistance to the 
victim 
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. 
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 
for  Victims 
“Assistance 
Network” project financed by 
the  European  Commission 
under  the  “Preventing  and 
2007” 
Combating  Crime 
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 
and 
promoting best practice in the 
protection of victims.  

preparing 

is 

EN 

32 

EN 

 
  
Member State  

Portugal 

Romania  

Slovakia  

Slovenia  

Spain 

Sweden  

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 

Not transposed 

480/3  Code 

Article 
Criminal Procedure. 
Not transposed 

of 

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 

14–20,  Law  N°. 
Arts. 
certain 
on 
211/2004 
measures 
assured 
for 
protection  of  victims  of 
crime, 

Provisions not communicated  Provisions not communicated 

Arts.  43(5)(6),  103 
and 
321(4)  Code  of  Criminal 
Procedure 
Provisions not communicated  Provisions not communicated  Art.  8  Law  on  Criminal 

Arts.  43(5)(6),  103 
and 
321(4)  Code  of  Criminal 
Procedure 

Not transposed 

Not transposed 

on 

13c, 

Code 

Art. 
Preliminary Investigations 
Art. 35, Act on the treatment 
institutions 
in  correctional 
(1974) 

Art. 13, Code on Preliminary 
Investigations 
Art. 35, Act on the treatment 
institutions 
in  correctional 
(1974) 

Procedure 
Arts.  4,  142,  143  Law  N° 
1/2000 of 7 January 2000 on 
Civil Procedure  
Arts 
440-442 
Procedure Act 
Art.  13  Code  on  Preliminary 
Investigations 
Art. 6, Chapter 5; Art. 1(1)-1, 
2,  10,  Chapter  23;  Code  of 
Judicial Procedure 

Criminal 

Not transposed 

Arts  771  and  775  Criminal 
Procedure Act 
Not fully transposed 

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 
victim 
victims with information. 

for 
provide 

support 

EN 

33 

EN 

 
  
 
 
Member State  

United Kingdom  

Article 4 (Right not to 
receive information) 
paragraph 4 
England and Wales: Victims' 
Code  of  Practice  allows 
victims  to  opt  out  of  any 
information 
under 
Article 4. 

listed 

N. Ireland: 
Criminal  Justice  review  – 
non-statutory 
Not fully transposed 

Article 5  
Communication safeguards 

England  and  Wales:  partial 
the 
transposition  within 
Youth  Justice  &  Criminal 
Evidence  Act  (1999)  relating 
to  vulnerable  victims  and 
also  No 
and 
witnesses; 
Witness, No Justice project. 

Scotland: AA scheme and the 
Police 2002 protocol.  

Scotland: 
Victim  must  sign  up 
information  so 
receive 
doesn't, won't receive it. 

N.  Ireland:  Article  18  of  the 
Criminal 
(NI) 
Order 1999, communication 

Evidence 

to 
if 

Gibraltar: 
availability 
interpretation facilities. 
Not fully transposed 

of 

Article 6 
Specific assistance to the 
victim 
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. 

Article 4 (Right to receive 
information on offender's 
release) paragraph 3 
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 
sentence; 
-  date  of  death  if  prisoner 
dies before release; 
- if prisoner is transferred to a 
place outside Scotland; 
-  if  the  prisoner  becomes 
eligible 
temporary 
release; 
-  if  the  prisoner  absconds 
or escapes from prison. 

release 

from 

for 

EN 

34 

EN 

 
  
 
 
 
 
 
 
 
Member State  

Austria  

Belgium  

legal 

Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
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 
and 
psychological assistance help 
to  organise  "contact  free" 
waiting  periods  for  victims 
and witnesses. 
Not transposed. 
BE  states  that  in  practice 
some  courts  have  separate 
areas  but  that  there  are  no 
legal  provisions  governing 
this. 

Article 7 
Victims' expenses  

Article 8 (Right to 
protection) paragraph 1 

Article 8 (Right to 
protection) paragraph 2 

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 
Procedure; 
Criminal 
the 
Sec.7a(1)(1)  Law  on 
Media 

on 

legal  costs 

Articles 36 à 39 of the Royal 
Decree  on 
in 
criminal cases. 
Book  IIIbis  of  the  Judicial 
Code 
and 
primary 
secondary legal advice  
Arts.  128,  162bis,  194,  211 
and  369bis  of  the  Code  of 
Criminal 
(as 
amended  by  the  Law  of  21 
April 2007 on lawyers' fees). 

Procedure 

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 
threatened 
of 
witnesses) 
Article 112ter of the Code of 
Procedure 
Criminal 
(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 
information 
which judicial authorities and 
police  services  can  transmit 
to  the  press  by  during  the 
investigation phase. 
See also paragraph 1  

on 

EN 

35 

EN 

 
  
 
 
 
Member State  

Article 7 
Victims' expenses  

Article 8 (Right to 
protection) paragraph 1 

Article 8 (Right to 
protection) paragraph 2 

Bulgaria  

Art.  189  Code  of  criminal 
procedure  
Art.  12  and  14  Law  on 
support 
financial 
and 
compensation  to  victims  of 
crime 

Cyprus  

Section  168,  Cap.  155,  Law 
on criminal procedure 
Rule  7,  Order  40,  Civil 
Procedures Rules  

Czech Republic  

Art.  51a(1)(2)(3),  154  and 
155  Code 
of  Criminal 
Procedure  

32(1) 

Bulgarian 

August  2002  on  statement 
audio-video 
gathering  by 
methods) 
Art. 
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  
of 
Law 
individuals at risk in relation 
to criminal proceedings  
of 
Law 
protection 
on 
95(I)/2001 
no. 
witnesses 
(Part  IV  –  Scheme  for  the 
Protection  of  Witnesses  and 
Those Who Assist Justice) 
Administrative  arrangement 
in place  
Arts.  55(2),  183a  and  209(1) 
Code of Criminal Procedure 

protection 

on 

Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 

Art.  67  Code  of  criminal 
procedure  

32(2) 

Bulgarian 

Art. 
Constitution 
Art.  474  Code  of  criminal 
procedure  

5(2),  Law 

Section 
on 
protection  of  witnesses  no. 
95(I)/2001 

5(2),  Law 

Section 
on 
protection  of  witnesses  no. 
95(I)/2001 

Art.  200(1)  and  209(1)  Code 
of Criminal Procedure 

Courts  are  gradually  being 
equipped 
special 
with 
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 

36 

EN 

 
  
 
 
 
 
 
 
Member State  

Denmark  

Estonia  

France  

Finland  

Article 7 
Victims' expenses  

Article 8 (Right to 
protection) paragraph 1 

Article 8 (Right to 
protection) paragraph 2 

Art.  123,  260  and  266  Penal 
Code 

Art. 264 Penal Code 

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.  178(1)(4)(5)  Code  of 
criminal procedure  

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) 

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, 
Compensation 
Damage (1204/2005). 

on 
for  Crime 

Act 

of 

offices 

Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Department  of  Justice  and 
Direction of judicial services 
circular 
28 
letters 
September  2000  to  police, 
prosecutors' 
and 
courts  consulting  on  how  to 
establish  waiting  areas  for 
victims.  
Not fully transposed.  
Art. 67 and 69 read with art. 
37,  Code 
criminal 
procedure 
Separate  waiting  areas  are 
gradually being created. 
Not fully transposed 

of 

Arts.  11,  13,  67  and  69  read 
with art. 37, Code of criminal 
procedure 
Arts. 97, 98, 99 of the Law of 
15 June 2000. 

(read 
Arts.  67  and  37 
together)  Code  of  criminal 
procedure 
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) 
Sections  1,  14  and  20,  Law 
on the police no. 493/1995 
Section  2,  Act  on 
Restraining 
898/1998 

the 
n°. 

order 

Sections 6, 9, 15 and 24, Act 
on 
of 
the  Openness 
Proceedings 
in  General 
Courts no. 370/2007  

of 

Sections 34 and 34a, Chapter 
17,  Code 
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 

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 
provision  can  be  made  to 
their 
direct  victims  and 
alleged  attackers  to  different 
parts of the court to wait. 
The 
communicated 
transpose paragraph 3  

provisions 
not 
do 

Art.  74B,  77,  158,  213,  237, 
244C,  Law  XIX  of  1998  on 
criminal procedure  

Hungary  

Germany 

Italy  

Ireland  

Art.  338  and  340 
read 
together  with  art.  74,  Law 
XIX  of  1998  on  criminal 
procedure 
Art.  2,  Joint  JM-FM-IM 
on 
Decree 
advancing 
in 
criminal proceedings  

expenses 

21/2003 

the 

and 

Witnesses:  art.  71  Code  of 
Criminal  procedure  and  Law 
reimbursement  of 
on 
witnesses' 
experts' 
expenses;  
Victims:  art.  397a  Code  of 
Criminal procedure  
Art.  541  Code  of  Criminal 
Procedure  
Arts. 45 
no. 115/02 
Victims  who  have  the  status 
of  witnesses  are  entitled  to 
court expenses and the Garda 
inform 
Siochána  must 
victims of this entitlement  

seq.  DPR 

et 

for 
in 

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 
persons 
Programme 
participating 
criminal 
proceedings  and  for  those 
providing  assistance  in  the 
administration of justice 
Arts.  58a,  68,  168e,  247, 
247a, 255a Code of Criminal 
Procedure;  points  117  and 
135 
Criminal 
the 
Procedure  Guidelines;  arts. 
171a  and  172  Law  on 
Judicial Organisation  
Arts.  16bis  and  16ter,  Law 
no. 82/91  

of 

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 

See previous paragraph  

Art.  149  Code  of  Criminal 
Procedure  
Not fully transposed  

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 
(Incest 
Law 
Proceedings)  Act  1995  cover 
cases of rape, aggravated  

is 
The  Courts  Service 
providing  victim 
support 
waiting  facilities  as  part  of 
their  building  programme. 
Efforts are being made to  

EN 

38 

EN 

 
  
 
 
 
 
Member State  

Article 7 
Victims' expenses  

Article 8 (Right to 
protection) paragraph 1 

Article 8 (Right to 
protection) paragraph 2 

the 

under 
Victims' Charter 

terms  of 

the 

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.  

Court 

Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
facilities 

provide  such 
in 
existing  buildings  under  the 
Irish 
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 
new 
venues.  A 
Criminal  Court  Complex  is 
in 
currently  being  built 
Dublin  which  will  provide 
comprehensive  facilities  for 
victims  of  crime  and  their 
special 
including 
families 
waiting 
and 
areas 
consultation rooms. 

EN 

39 

EN 

 
  
 
 
Member State  

Lithuania  

Luxembourg  

Netherlands, The 

Article 7 
Victims' expenses  

Article 8 (Right to 
protection) paragraph 1 

Article 8 (Right to 
protection) paragraph 2 

Art.  44,  260,  Code  of 
Criminal  Procedure;  Law  on 
criminal  proceedings  on  the 
safety  of  investigators  and 
against 
agents 
judicial 
criminal activities  

Not transposed 

Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
.  Article  264  Council  of 
Europe 
Criminal 
of 
Procedure.  
Every  effort 
to 
ensure  that  separate  waiting 
areas  are  provided.  All  new 
court  buildings  are  designed 
with separate waiting rooms. 
Not transposed 

is  made 

No provisions communicated.  Newly 

built 

courthouses 
have  separate  waiting  rooms 
for  victims.  In  courthouses 
which  do  not  have  separate 
waiting 
other 
rooms, 
provisions  are  made  where 
possible 
to  prevent  any 
contact  between  defendants 
and victims. 
Not fully transposed. 

Art. 81, 103, 104, 185, Code 
of Criminal Procedure  

Art.  44,  199,  122,  154,  177, 
Code of Criminal Procedure  

Draft law – not yet adopted 
Not transposed 

Act  on  tariffs  in  criminal 
cases and the tariffs decision 
which  is  based  on  it.  Costs 
this 
which 
provision  will 
be 
compensated. 
Not fully transposed. 

fall  outside 
not 

and 

Art.  8  Code  of  Criminal 
Procedure and draft law 
Not transposed  
Witness  Protection  Act,  Act 
on  the  treatment  of  victims 
leaflet 
and  witnesses  and 
“Witnesses 
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 
Procurators-General). 
of 
General 
administrative 
preparation 
measure 
governing  Police  and  Public 
Prosecutor’s  Office  action  in 
this context. 

in 

EN 

40 

EN 

 
  
 
 
 
Member State  

Poland  

Portugal 

Romania  

Article 7 
Victims' expenses  

Article 8 (Right to 
protection) paragraph 1 

Article 8 (Right to 
protection) paragraph 2 

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 
Justice 
of 
Regulation of 4 July 1990 on 
expenses  for  witnesses  and 
parties 
judicial 
in 
proceedings 
Witnesses:  Code  of  Legal 
Costs; 
Victims:  arts.  317  and  514 
Code of Criminal Procedure; 

Arts.  189  –  193  Code  of 
criminal procedure  
Art.  176,  Law  224/2006 
amending  Law  302/2004  on 
judicial 
international 
criminal 
cooperation 
matters  

in 

390(2),  Code 

Arts.  177,  184,  191(3),  360-
364, 
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 

Arts.  200  (1)(a)  and  204  (c) 
Code  of  Criminal  Procedure; 
Law  n°  93/99  of  14  July 
1999,  Decree  Law  190/2003 
of 
the 
on 
Witnesses 
Criminal 
Proceedings. 
Art.  26,  Law  no.  678/2001 
and 
on 
combating  of  trafficking  in 
human beings 

Protection 
in 

prevention 

the 

Arts.  86  –  90,  321  Code  of 
Criminal Procedure  

Arts. 145 (12) & (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 

Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Some  courts  have  special 
waiting areas for victims, and 
the  number  offering 
this 
facility is growing. 
Partially transposed  

Art.  352  Code  of  Criminal 
Procedure. 
Separate  waiting 
provisions 
communicated. 
Not fully transposed 

areas: 
not 

Not transposed  

EN 

41 

EN 

 
  
 
 
Member State  

Slovakia  

44a(1)(2) 

and 
Sections 
154(2)  Code  of  Criminal 
Procedure  

Article 7 
Victims' expenses  

Article 8 (Right to 
protection) paragraph 1 

Article 8 (Right to 
protection) paragraph 2 

Section  200(1)  Code  of 
Criminal Procedure 

Art. 240a Criminal Procedure 
Act 
Privacy: 
n° 
6/1997; art. 15(15) of Law n° 
35/1995;  art.  680  Law  on 
criminal procedure  

Instruction 

Art. 21 (3)3 and 21, Code on 
preliminary investigations  
Art.  18,  Chapter  36  and  Art. 
3,  Chapter  37,  Code  of 
Judicial Procedure 

and 

Sections 101 and 101b, Code 
of Criminal Procedure 
Arts.  I,  (1)  –  (19),  Act  no. 
256/1998  on  the  protection 
the 
of  witnesses 
modification and amendment 
of certain laws 
Arts. 141a and 240a Criminal 
Procedure Act 
Organic  Law  n°  19/1994; 
instruction  n°  6/1997  from 
the  Secretary  of  State  for 
Security. 

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 

42 

Article 8 (Right to 
protection/separate waiting 
areas) paragraph 3 
Section  198(3)  Code  of 
Criminal Procedure 

Not transposed 

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  
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 

Slovenia  

Spain 

Article 
92 
Procedure Act 
Article 123 Criminal Code  

Criminal 

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) 

Sweden  

EN 

 
  
 
Member State  

United Kingdom  

procedure  

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 

1988, 

earning, 

England  and  Wales:  Crown 
Prosecution 
Service 
(Witnesses'  etc.  Allowances) 
Regulations 
as 
amended  Scotland:  financial 
compensation  to  cover  loss 
of 
travelling 
expenses,  and  any  other 
legitimate  expenses  incurred 
as a result of their attendance 
at 
in 
criminal proceedings. 
Gibraltar: 
of 
travelling  to  Gibraltar  are 
reimbursed. 

involvement 

expenses 

and 

England and Wales: 
Scotland: 
See previous paragraph. 

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. 
Witness 
Protection  Programme  in  v. 
cases.  Otherwise, 
serious 
practical measures (e.g. panic 
alarms in victim's home). 

Ireland: 

and  Wales, 
In  England 
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 
at 
possible, 
criminal 
proceedings 
in  respect  of 
relevant  criminal  conduct 
are 
victims 
directed 
separate 
waiting area and a seta in the 
the 
courtroom  away  from 
defendant's family or friends. 
Such  facilities  are  available 
in nearly all courts. 

have, 
to, 

and 

a 

EN 

43 

EN 

 
  
Member State  

Austria  

Article 8 (Right to 
protection/giving evidence) 
paragraph 4  

Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 

Sec 165 new Code of 
Criminal Procedure  

Sec  67  ,  Part  17  (Secs  366-
373b)  new  Code  of  Criminal 
Procedure 

Belgium  

See paragraph 1  

Law of 1 August 1985  
Art.  67  and  216ter,  Code  of 
Criminal Procedure 

of 

Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 
Sec 67 Par 1, Sec 206 new 
Code 
Criminal 
Procedure;  arts.  34(1)(15) 
and 51(1) and (2) Criminal 
Code  
Not transposed 
Art. 
Criminal Procedure  
Article  216ter  Code  of 
Criminal Procedure  
Articles  63  à  70  Code  of 
Criminal  Procedure:  civil 
party proceedings.  

216bis  Code 

of 

Arts.  28  and  47  Law  of  17 
May  2006  on  the  external 
status  of  persons 
legal 
to  a  custodial 
sentenced 
sentence  and  on 
rights 
conferred  on  the  victim  in 
relation 
of 
sentences. 
Transposed  provisions  not 
communicated  

serving 

to 

Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 

 Secs  69,  367  and  369  new 
Code of Criminal Procedure 

Art. 43bis, Criminal Code 
Art.  28sexies  and  61quater, 
Code of Criminal Procedure 

Art.  111,  Code  of  Criminal 
Procedure  

Section  171, Cap.  155,  Law 
on criminal procedure  

Section 172, Cap. 155, Law on 
criminal procedure  

Bulgaria  

Cyprus  

EN 

Arts. 123, 141, 474, Code of 
Criminal Procedure 

Section 5(2) Law on 
protection of witnesses no. 
95(I)/2001 

73(1)(2),  Code 

Art.  22(1),  Code  of  Criminal 
Procedure  
Art. 
Criminal Procedure 
Law  on  compensation 
crime victims no. 51(I)/97 

of 

to 

44 

EN 

 
  
 
 
 
 
Member State  

Czech Republic  

Denmark  

Estonia  

France  

Article 8 (Right to 
protection/giving evidence) 
paragraph 4  

Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 

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. 30, 30 bis, 30 ter, 31, 
31bis, 848, Code of Civil 
Procedure 

police 

Arts. 67 and 69 read together 
with art. 37 Code of Criminal 
Procedure 
Art.  706-57  Code  of  Criminal 
to 
Procedure  allows  victim 
as 
give 
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.  

station 

Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 
Arts.  65(2),  307(1),  308(1), 
309(1),  Code  of  Criminal 
Procedure 

Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 

Art.  80(1)  Code  of  Criminal 
Procedure 

See previous paragraph  

Article 807 quinquets, Code of 
Civil Procedure 

Transposed  provisions  not 
communicated  

422(1)(2),  Code 

Art. 
Criminal Procedure 

of 

Arts.  43(3),  121,  126g, 
228(1),  229,  314f-e,  Code  of 
Criminal 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 
Arts.  7(1),  9  and  10  Victim 
Support Act  

Art. 706-15 Code of Criminal 
Procedure  

Art.  41-2  Code  of 
Criminal Procedure 

that 

proceedings, 

Unless  it  is  needed  in  the 
criminal 
the 
victim's property is returned as 
soon  as  possible.  Article  99  of 
the Code of Criminal Procedure 
allows the examining magistrate 
the  victim's 
to  order 
property be returned even before 
the 
the 
trial  starts.  During 
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 

45 

EN 

 
  
Member State  

Article 8 (Right to 
protection/giving evidence) 
paragraph 4  

Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 

Finland  

Section 34a Code of Judicial 
Procedure  

Sections  1,  3  and  9,  Chapter 
3, Criminal Procedure Act. 

Hungary  

Germany 

Italy  

Ireland  

Arts. 85, 207, 237, 244A, 
280, 294, Law XIX of 1998 
on criminal procedure  

Arts. 58a, 168e, 247, 247a, 
255a Code of Criminal 
Procedure; art. 172 Law on 
Judicial Organisation 
Arts. 147bis, 472(4), 498(4), 
Code of 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 
State 
Compensation 
Arts.  403  –  406c 
Code  of  Criminal 
Procedure  

and 

Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 

instances. 
Section  11  and  17,  Chapter  4, 
Coercive  Measures 
Act 
(Pakkokeinolaki) n°. 450/1987  

Art. 155, Law XIX of 1998 on 
criminal procedure  

Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 

1, 

Sections  1  and  17,  Act  on 
Conciliation of Criminal and 
Certain 
Cases 
Civil 
(1015/2005) 
Section 
8  Chapter 
Criminal Procedure Act 
Section  6,  Chapter  6,  Penal 
Code  
Art.  222,  224,  225,  Law 
XIX  of  1998  on  criminal 
procedure  
Art. 36, 107A, Act no. IV of 
1978 on the Criminal Code  

Art.  46a,  56b  Criminal 
Code;  155a,b  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  

Part 3 Criminal Evidence Act 
1992  provides  for  the  giving 
of evidence by live television 
link in proceedings for sexual 
offences  or 
threat  of 
to  a  person.  A 
violence 
person  under  17  or  a  person 

the 

Malicious Injuries Acts 1981 
and 1986. 
Non-statutory  Scheme  of 
Compensation 
Injuries 
Criminally  Inflicted  funded 
by the Department of Justice, 
Equality  and  Law  Reform, 

for 

Section  9  Criminal  Damage 
for 
Act  1991  provides 
compensation  to  be  paid  by 
the  guilty  party  where  a 
victim's 
is 
damaged. 
Children  Act  2001  provides 

property 

The 
return  of  a  victim's 
property  seized  in  a  crime  is 
standard  practice 
the 
Gardai where ownership is not 
in  doubt,  although  it  does  not 
have a basis in statute. 

for 

EN 

46 

EN 

 
  
 
 
Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 

Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 
for the making of reparation 
directly  to  the  victim  where 
the  perpetrator  is  under  18. 
Under  the  same  act,  parents 
to  pay 
may  be  ordered 
compensation  to  the  victim 
of  a  crime  perpetrated  by 
their child. 

Member State  

Article 8 (Right to 
protection/giving evidence) 
paragraph 4  

Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 

provides for compensation to 
victims  injured  as  a  result  of 
a crime.  

at 

by 

the 

evidence 

intermediary) 

through  a 
link. 

with  a  mental  handicap  may 
give 
live 
television  link  (and  through 
the 
an 
court. 
discretion  of 
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 
live 
Victim 
television 
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 
the 
of  NGOs,  supporting 
now 
victims 
of 
provide 
court 
accompaniment services, etc. 
to the victims. 

crime, 

EN 

47 

EN 

 
  
Member State  

Lithuania  

Luxembourg  

Netherlands, The 

Poland  

Article 8 (Right to 
protection/giving evidence) 
paragraph 4  

Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 

Arts. 9, 183(4), 185, 282, 
283(3) Code of Criminal 
Procedure  

Art.190 Code of 
Criminal Procedure 
and draft law 
Art. 226a et seq. Code of 
Criminal Procedure  
Art. 177, 185a, 360-364 
Code of Criminal Procedure 

of 

440(10)  Code 

Art. 
Criminal Procedure  
Law  on  compensation  of  the 
prejudice 
by 
violent offences  
Art.  3  Code  of  Criminal 
Procedure  

produced 

Art. 167 3° Code of Criminal 
Procedure  
Art. 46 Criminal Code  
Art.  23,  49a,  art.  62  –  70, 
Code of Criminal Procedure  

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 
1996;  Regulatory 
March 
Decree 
22 
n°4/93 
February  1993;  Law  n° 
129/99  of  20  August  1999; 
Articles 72/1 and 82-A of the 
Code  of  Criminal  Procedure; 
Law 
the 
129 
of 
Anticipation 
Compensation  to  Victims  of 

/99 

on 

of 

Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 
Arts.  59  and  107  Code  of 
Criminal Procedure  
Art. 38 Criminal Code  

Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 

Art.  108  Code  of  Criminal 
Procedure  

Draft law 

Judicial 

 Central 
Recovery Bureau  
 Art.  23a  Code  of  Criminal 
Procedure 
a 
encouraging 
mechanism 
offenders 
pay 
to 
compensation. 

contains 

Arts.  110  and  130  Criminal 
Code;  arts.  46  and  8008  et 
seq Code of Civil Procedure 

Arts.  68  and  194-1  Code  of 
Criminal Procedure 

Art.  116,  4°  Code  of  Criminal 
Procedure  
 Article 230 Code of Criminal 
Procedure  provides  for 
the 
return  to  victims  of  objects 
for 
taken 
that  were 
the 
purposes 
criminal 
of 
proceedings and are no longer 
needed. 
Art.  186  Code  of  Criminal 
Procedure.  

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 

Romania  

Arts. 771 and 864 Code of 
Criminal Procedure  

Art.  163  Code  of  Criminal 
Procedure  

Art.  169  Code  of  Criminal 
Procedure  

on 

423/91 

Domestic  Violence;  Decree 
Law 
the 
Compensation  of  Victims  by 
the State. 
Arts. 15, 17 and 476 Code of 
Criminal Procedure  
Arts.  21  –  34,  Law  no. 
certain 
on 
211/2004 
assured 
for 
measures 
protection  of  victims  of 
crime 
Sections 
and 
55(8)  Code  of  Criminal 
Procedure 
Arts.  100  –  111  Act  on 
Criminal Procedure  
Art. 109 Criminal Code 

43(1)(2)(3) 

Sections 101b(1)(3) and 
200(1) Code of Criminal 
Procedure  
Art. 240a(5), Act on 
Criminal Procedure  
Art. 15(15) Law n° 35/1995 
and art. 3(2) Law n° 19/1994 

Not transposed 

Art. 41 Criminal Code 

Art.  111  Criminal  Code; 
arts.  536  and  589  Law  on 
Criminal  Procedure;  Laws 
n° 35/1995 and 32/1999. 

Section 
Criminal Procedure 

73(3)  Code 

of 

Art.  224  Act  on  Criminal 
Procedure 
Provisions  not  communicated 
apart  from  art.  2  of  Royal 
Decree  n°  2783/1976  which 
only  covers  obligations 
in 
part. 
Chapter  27  Code  of  Judicial 
Procedure  

England and Wales, Scotland: 
Non-statutory arrangements. 
Not fully transposed. 

Art. 1(3), Chapter 5, Article 
1, Code of Judicial Procedure 

England  and  Wales:  Special 
measures  include  the  use  of 
screens  round  the  witness 
the  public 
box;  clearing 
of 
gallery; 

use 

Art.  1  and  2,  Chapter  22, 
Code of Judicial Procedure 
Law  on  compensation  for 
criminal acts [1978:413] 
England and Wales: Criminal 
Injuries  Compensation  Act 
1995;  Criminal 
Injuries 
Compensation  Scheme  (also 
covers  Scotland).  Separate 

Art.  25a,  Regulation  on 
communication  of  judgment 
in 
judicial 
certain 
proceedings [1990:893]  
England  and Wales:  Powers 
of 
Courts 
Criminal 
(Sentencing) Act 2000 
Scotland:  Left  to  judicial 
discretion 

Slovakia  

Slovenia  

Spain 

Sweden  

United Kingdom  

EN 

49 

EN 

 
  
Article 9 (Right to 
compensation/recovery of 
property) paragraph 3 

Article 9 (Right to 
compensation/compensatio
n from the offender) 
paragraph 2 
N .Ireland: Art. 14 Criminal 
Justice  (Northern  Ireland) 
Order 1994 

Member State  

Article 8 (Right to 
protection/giving evidence) 
paragraph 4  

Article 9 (Right to 
compensation/reasonable 
time) paragraph 1 

but  similar  scheme  in  N. 
Ireland. 

aids; 
communication 
evidence-in-chief  being  the 
video 
police 
recorded 
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. 

EN 

50 

EN 

 
  
 
Member State  

Austria  

Belgium  

Article 10  
(Penal mediation) 
paragraph 1  

Article 10  
(Penal mediation) 
paragraph 2 

Article 11 (Victims resident 
in another Member State) 
paragraph 1 

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 
may 
prosecution 
be 
discontinued 
the  victim 
agrees to mediation. 

if 

 See paragraph 1. In addition, 
Sec 34 Par 1 Subpar 15 of the 
of  Criminal 
new  Code 
that 
Procedure 
compensation  paid  should be 
taken 
in 
sentencing. 

provides 

account 

into 

See previous paragraph  

Arts.  3ter  of  the  preliminary 
title,  163(last  paragraph), 
195(4), 
553-555, 
216ter, 
Code of Criminal Procedure  
– 
Arts. 
37quinquies,  45quater,  Law 
of  8  April  1965  on 
the 
protection of minors  

37(2), 

37bis 

principle 

Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
In 
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 
If 
Austria  does  not  accept 
jurisdiction, the report will be 
transmitted  to  the  competent 
authority in the other country 
via the official channels. 
Provision not communicated. 

service. 

Arts.  11  and  73(2)  Code  of 
criminal procedure 

not 

fully 

Provision 
communicated. 
Videoconferences covered by 
247a  Par  2  and  Sec  165  of 
the  new  Code  of  Criminal 
Procedure. 

Law  of  11  May  2005 
assenting 
the  MLA 
to 
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) 
Arts.  2(2),  21(2),  134,  142, 
139(7),  141,  178(7),  189, 
474,  Code 
criminal 
procedure  
Art.  27  Law  on  support  and 

of 

Bulgaria  

Law on mediation 

Article 17 Law on mediation  
Art. 24(4-3) Code of criminal 
procedure  

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 

to 

financial  compensation 
victims of crime 
Chapter 5 Law on Combating 
Trafficking in Human Beings 
Article  5  Protection  Against 
Domestic Violence Law  
Law on Child Protection 
Protection 
Law 
on 
at  Risk 
Individuals 
Relation 
to 
Proceedings  
Law  No.  25(III)/2004  on  the 
ratification of the Convention 
on  Mutual  Assistance 
in 
Criminal Matters  
Arts. 
158a, 
158(3a)(8), 
164(1),  183a  and  444  Code 
of criminal procedure 

of 
in 
Criminal 

Cyprus  

Not transposed 

Not transposed 

Not transposed 

Czech Republic  

Denmark  

Estonia  

France  

EN 

of 

the 

2(2), 

See previous paragraph  

See previous paragraph  

Notice 
Federal 
Ministry  of  Foreign  Affairs 
No. 550 of 1992  

Arts. 
4(2)-b(3), 
27b(1)(2), 184(2)(3), Law on 
the  probation  service  and 
mediation 
Mediation was introduced by 
in  1994, 
a  pilot  project 
extended in 2003 and 2007. 
In  March  2007,  the  Danish 
Government 
a 
committee  to  assess  victim-
offender  mediation.  Results 
not communicated. 
Art.  203  and  203  Code  of 
criminal procedure  
Art.  41-1  Code  of  Criminal  Art  41-2  (19)-(27)  Code  of  Transposed  provisions  not  Transposed  provisions  not 

Art.  747  Code  of  Civil 
Procedure 
Bill no. L 141 of 27 February 
2002  on 
the 
on  Mutual 
Convention 
Criminal 
in 
Assistance 
Matters. 

Art.  31(3)  and  69  Code  of 
criminal procedure 

Art.  203  and  203  Code  of 
criminal procedure 

Transposed  provisions  not 
communicated  

Art. 742 Penal Code  

transposing 

set 

up 

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 

Procedure  

Criminal Procedure 

communicated. 

Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
communicated  although  this 
is allowed under French law. 
and  2(2), 
Sections  1(1) 
preliminary 
Decree 
on 
and 
investigation 
enforcement n°. 575/1988 
Provisions 
Directive 2004/80/EC: 
Act 
6, 
Chapter 
Compensation 
Damage (1204/2005). 
Art. 172 Law CXXX of 2003 
in 
on  Mutual  Assistance 
Criminal  Matters  between 
EU Member States 

on 
for  Crime 

transposing  EC 

Transposed  provisions  not 
communicated. 

Art.  333  Code  of  Criminal 
Procedure 

23 

22, 

Act 

Criminal 

Criminal 
n°. 

Section 
Investigations 
449/1987 
Provisions  transposing  MLA 
Convention: 
Section 
Investigations Act 
Section  34a,  Chapter  17, 
Code of Judicial Procedure  
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  
Statement: 
provisions 
communicated. 
Videoconference:  Arts.  58a, 
168e, 247a and 255a Code of 
Criminal Procedure 
Arts. 147bis, 392, 512bis and 
502  Code 
of  Criminal 
Procedure  

Transposed 
not 

Finland  

Hungary  

Act  on  Conciliation  of 
Criminal  and  Certain  Civil 
Cases 
Section 
8,  Chapter 
Criminal Procedure Act 
Section 
6,  Chapter 
Criminal Code  

6, 

1, 

Section 
8,  Chapter 
Criminal Procedure Act 
6,  Chapter 
Section 
Criminal Code  

1, 

6, 

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  

Germany 

Art.  155a  Code  of  Criminal 
Procedure 

Art.  380  Code  of  Criminal 
Procedure 

Italy  

EN 

See previous paragraph 

Art. 29(4) et seq., Legislative 
Decree 274/2000 
Art. 47(7) Law 354/1975 
28, 
9-27 
Arts. 
Presidential Decree 448/1988 

and 

53 

EN 

 
  
Member State  

Ireland  

Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 
the 
Possible 
complaint  but  no  statutory 
provision. 
fully 
transposed. 

to  make 

Not 

Article 10  
(Penal mediation) 
paragraph 1  

Article 10  
(Penal mediation) 
paragraph 2 

Article 11 (Victims resident 
in another Member State) 
paragraph 1 

Statement: 
provisions 
communicated. 

Transposed 
not 

section 
Videoconferencing: 
29  of  the  Criminal  Evidence 
Legislation 
Act 
1992. 
implementing 
MLA 
Convention (2002). 

2001 

restorative 
in 

for 
Children  Act 
juveniles  under  18  provides 
for  a  restorative  conference 
caution 
or 
the  Garda 
included 
Juvenile 
Diversion 
Programme and a court order 
restorative  justice  conference 
Probation 
the 
through 
Service 
Criminal Justice (Community 
Service) Act 1983 
No  statutory  provision  for 
those 18 and over. 

the 

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 
(Section 
victim. 
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 
the  victim. 
to 
reparation 
(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, 
85).  The 
and 
79, 
conference  convenor  must 
report  back  to  the  Court  on 
the  action  plan  arising  from 
the  Conference.  The  Court 
may  confirm  the  action  plan 

80 

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 

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; 
may 
subsequently  be  dismissed  if 
the  child  complies.  (Sections 
81, 82(4), 83 and 84) 
Arts.  413  and  416  Code  of 
Criminal Procedure 

and 

Lithuania  

Arts.  413  and  416  Code  of 
Criminal Procedure  

Luxembourg  

Art.  24(5)  Code  of  Criminal 
Procedure  

Art.  24(5)  Code  of  Criminal 
Procedure 

The provisions sent by LT do 
not transpose article 11(2). 

Article  23  Code  of  Criminal 
Procedure. 

possible. 

Arts. 4, 166 and 171 Code of 
Criminal Procedure  
Hearing  via  videoconference 
is 
Transposed 
provisions 
not 
communicated.  The  2000 
Mutual  Legal  Assistance 
directly 
Convention 
applicable. 
Statement: 
Transposed 
provisions not communicated 
is  allowed 
although 
under Luxembourg law. 
Videoconference:  draft  Law 
will allow this once adopted. 
Not fully transposed. 

this 

is 

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 

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 

Poland  

Portugal 

in 

in  particular 

mediators 
juvenile criminal law  
Arts. 23 and 339(4), Code of 
Criminal Procedure  
on 
3a(91) 
Art. 
proceedings in juvenile cases 
of 26 October 1982 

Law 

Articles  2/1  and  2/3  of  Law 
21/2007  of  12  June  on 
Criminal 
in 
Mediation 
Proceedings. 

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. 
on 
31(2), 
proceedings in juvenile cases 
of 26 October 1982 
Article  6  of  Law  21/2007  of 
12  June  on  Mediation 
in 
Criminal Proceedings 

Law 

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.  177(1a)(2),  304a  and 
305  Code 
of  Criminal 
Procedure 

Arts.  590-592,  Code  of 
Criminal Procedure 

Lodging  the  complaint:  Arts. 
and  271  Code  of 
246 
Procedure 
Criminal 
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 
crime 
victims. 
Arts.  4,  8  (2)  and  21(3)  Law 
no.  211/2004  on  certain 
measures 
assured 
for 
protection of victims of crime 
Art.  165  Law  no.  224/2006 

of 

Art  33(4)  Code  of  Criminal 
Procedure. 
Not fully transposed. 

Transposed  provisions  not 
communicated 

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 

Slovakia  

Slovenia  

Spain 

Sweden  

Section 
Criminal Procedure 

43(4)  Code 

of 

Transposed  provisions  not 
communicated 

Art.  161a  Act  on  criminal 
procedure 
Not fully transposed. 

Art.  161a  Act  on  criminal 
procedure  
Article  19,  Organic  Law 
January, 
12 
5/2000 
governing 
criminal 
the 
liability of minors 
Not fully transposed. 

of 

See previous paragraph  

on 

mediation 

Law 
(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 
in 
Act 
accordance 
2002:445)  when  the offender 

mediation 
with 

in 

349(1), 

amending  Law  302/2004  on 
judicial 
international 
cooperation 
criminal 
matters  
Arts. 
and 
3418Law  no.  211/2004  on 
certain  measures  for  assured 
protection of victims of crime
Sections  101b(2)  and  158a 
Code of Criminal Procedure  

3417 

Transposed  provisions  not 
communicated 
Complaint:  statement  must 
be made in person 
Art 30(1) of the Organic Law 
of on judicial powers 
Videoconference:  
Not fully transposed. 
Art.  15,  Chapter  23;  Art.  19, 
3(1), 
Chapter 
Chapter  37  Code  of  Judicial 
Procedure 
Act 
Assistance 
Matters (2000:562) 
Art. 3, Code on a preliminary 
investigations  
residence 
Law 
permits  of  limited  duration 

on  Mutual  Legal 
Criminal 

36;  Art. 

regarding 

in 

Section 
Criminal Procedure 

158a  Code 

of 

Transposed  provisions  not 
communicated 
Not transposed 

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 

United Kingdom  

See previous paragraph. 
Not fully transposed. 

is under 21. 

and  Wales,  N. 

England 
Ireland, Scotland: 
UK  is  examining  how  to 
implement  this.  Restorative 
justice  principles  are  applied 
in practice on a non-statutory 
basis. 
Not fully transposed. 

for foreign nationals  

and  Wales,  N. 

England 
Ireland, Scotland: 
Police  forces  have  access 
telephone 
to  video  and 
following 
conferencing, 
the 
contact 
Criminal 
National 
service 
Intelligence 
either 
(NCIS) 
EUROPOL 
or 
INTERPOL.  
Not fully transposed. 

through 

then 

Article 11 (Victims resident 
in another Member State- 
making a complaint in state 
of residence) paragraph 2 

and  Wales,  N. 

England 
Ireland, Scotland: 
1957  European  Convention 
on Mutual Assistance and ad 
hoc arrangements. 
Not fully transposed. 

EN 

58 

EN 

 
  
 
 
Member State  

Article 12  
Cooperation between 
Member States 

Austria  

Transposition  provision  not 
communicated. 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 
Sec  66  Par  2  new  Code  of 
Criminal Procedure  

Article 13 
(Specialist services and victim support 
organisations) paragraph 2 

Sec  66  Par  2  new  Code  of  Criminal 
Procedure  

Belgium  

Initiative of the Kingdom of 
Belgium on the creation of a 
European 
of 
restorative  justice  national 
(2002/C 
points 
contact 
242/09) 

network 

Partnership  Federal  Public 
Service  Justice  at  proposal 
of  Brottsoffermyndigheten 
for  project  on  children’s 
ISEC 
rights  within 
– 
programme: 
Children  in  the  Union  – 
Rights and Empowerment 

the 
CURE 

Not fully transposed. 

123, 

Law 

Art.  46  Law  of  5  August 
1992. 
Art. 
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 
for  Police 
of  Conduct 
Services  
Art. 3bis of the Preliminary 
Title  of 
the  Code  of 
Criminal  Procedure  (court 
for 
responsible 
staff 

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  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
 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. 
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 
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, 
training. 
on 
section 
is  part  of 
Victimology 

integrated 

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 

of 

court 

receiving  victims 
assist 
judges  and  prosecutors  in 
advising  persons  involved 
proceedings, 
in 
policy  in  favour  of  victims 
evaluation, 
as 
regards 
and 
coordination 
the 
supervision 
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".  
17 
Royal  Decree 
September  2005  amending 
the  Royal  Decree  of  13 
establishing 
June 
and 
administrative 
for 
pecuniary  provisions 
staff 
external 
the 
services of the "Service des 
maisons  de  Justice"  of  the 
Ministry  of  Justice  who 

1999 

of 

of 

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
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. 

for 

social 
Training 
workers:  Decree  of  19 
December 1998 on general 
social work + Decree of 18 
July  2001  on  assistance  to 
person 
to 
proceedings. 

subject 

Mediation  was  introduced 
by  the  Law  of  22  June 
2005,  see  art.  2  of  the 
Royal  Decree  establishing 
for  mediation 
criteria 
services  covered  by  art. 
554,  §1  of  the  Code  of 
Criminal Procedure. 

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 

Federal 

have a specific grade.  
Cooperation  agreement  of 
7  April  1998  between  the 
Flemish  Community  and 
the 
State. 
Negotiation  of  cooperation 
agreements  with  Walloon 
French 
and 
Region 
Community Commission is 
ongoing. 
Decree  of  19  December 
1998  on  general  social 
assistance. 
the  Flemish 
Decree  of 
12 
Governments 
of 
the 
October  2001  on 
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 
on 
December 
subsidies  for  help  centres 
(Brussels) 
Decree  of  18  July  2001  on 
(Walloon 
social  welfare 
Region) 

2004 

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 

such 

victim 

Ministerial 
Instruction 
PLP10  of  9  October  2001; 
Ministerial  Directive  of  15 
1997; 
September 
Ministerial  Instruction  of  4 
October 2000  
judicial 
Government  and 
collaborating 
authorities 
support 
with 
as: 
services, 
Psychological 
Crisis 
Centre,  Centre  for  Equal 
Opportunities, 
Violence 
against  women,  Child 
Focus 
Various 
Community 
Walloon 
regulations  on  aid 
litigants and victims,  
SOS teams for children, 
Services for mental health  
Arts.  6(1),  7(3),  9,  11  and 
20(2)  Law  on  support  and 
financial  compensation  to 
victims of crime 
Not transposed 

Flemish 
decrees, 
Community 
for 

Art.  21(9)  Law  on  support 
and  financial  compensation 
to victims of crime 
Not fully transposed 
Not transposed 

Transposed  provisions  not 
communicated 

The  Czech 
authorities 
finance  activities  of  NGOs 

Arts.  6-19,  Law  on  support  and  financial 
compensation to victims of crime  

Not transposed 

See previous paragraph.  

Art.  21(8)  Law  on  support 
and financial compensation 
to victims of crime  
Not fully transposed 
Not transposed  

The  Czech 
authorities 
finance  NGOs  providing 

62 

EN 

Bulgaria  

Cyprus  

Czech Republic  

EN 

 
  
Member State  

Article 12  
Cooperation between 
Member States 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 
assistance 

providing 
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 
financed 
is 
bezpečí” 
the  state 
from 
partially 
the 
through 
budget 
Ministry  of  Labour  and 
Social  Affairs  and  regional 
“Bílý 
authorities  where 
its 
kruh  bezpečí”  has 
branch  offices  (7  regions). 
bezpečí” 
“Bílý 
provides 
legal, 
psychological,  social  and 
practical 
to 
victims of crimes during all 
criminal 
stages 
of 
after 
proceedings 
criminal  proceedings  have 
ended,  including  providing 
relevant 
victims  with 
assisting 
information, 
their 
victims 

assistance 

kruh 

with 

free 

and 

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 

it 

and 

social 

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 
service  under 
Social  Service  Code  No 
108/2006, 
is 
financed  in  part  from  the 
state  budget  through  the 
Ministry  of  Labour  and 
Social Affairs and regional 
authorities  where  “Bílý 
kruh  bezpečí”  has 
its 
branch  offices  (7  regions). 
training  for 
It  provides 
judges 
public 
prosecutors 
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.  

and 
in 

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 

needs 

and 
immediate 
accompanying 
if 
necessary,  during  criminal 
proceedings. 
Not fully transposed 

them, 

Denmark  

Estonia  

Transposed  provisions  not 
communicated 

Transposed  provisions  not 
communicated 

France  

Not transposed 

under 

provisions 

See 
Article 6  
Not fully transposed 
Arts.  3,  4,  5  and  6,  Victim 
Support Act  

Support  for  Institut  national 
d'aide  aux  victimes  et  de 
- 
médiation  – 
local 
includes  167 
which 
victim support organisations  

INAVEM 

See provisions under Article 6 
Not fully transposed 

See previous paragraph.  

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. 

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
The  costs  of  the  training 
activities  are  financed  by 
regional  courts  and 
the 
Czech  Police.  Half  of  the 
financed  by 
costs  are 
voluntary 
and 
grants 
financial gifts.  
Not fully transposed.  
Transposed  provisions  not 
communicated 

to 

provided 

Art.  4(2)  Victim  Support 
Act 
Training 
victim support workers. 
Not fully transposed. 
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 
sand 
social  workers  so  as  to 
create  a  common  culture 
between these services. 
INAVEM  offer  straining 
in  victimology, 
courses 
sand 
victims' 

officer 

right 

EN 

64 

EN 

 
  
Member State  

Article 12  
Cooperation between 
Member States 

Finland 

Partial  State  funding  for 
Victim  Support  Finland,  a 
member  of  Victim  Support 
Europe. 
Not fully transposed. 

Article 13 
(Specialist services and victim support 
organisations) paragraph 2 

Not fully transposed 

Sections  3  and  9,  Chapter  2,  Criminal 
Procedure Act 
Sections  10(2),  29(3)  and  31  Criminal 
Investigations Act. 
See also paragraph 1. 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 

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. 

Hungary  

Law  CXXX  of  2003  on 
mutual 
in 
criminal  matters  between 
the  Member States  of  the 

assistance 

Arts.  42,  58  and  59  Law 
XIX  of  1998  on  criminal 
procedure 

See previous paragraph  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 

mediation. 
Not fully transposed. 
Training arrangements take 
the 
consideration 
into 
standpoint  of  the  victim. 
Police 
receive 
officers 
training  on  victims'  issues 
where  special  attention  is 
paid to how to handle cases 
of  domestic  violence  and 
child  victims.  Prosecutors 
on 
receive 
offences  against  women 
and  children 
(including 
sexual offences). There is a 
so  called  "key  and  special 
prosecutor"  system  that  is 
based  on  specialisation. 
key 
specialised 
The 
other 
train 
prosecutors 
prosecutors. 
Victim 
support 
organisations 
ensure  that  their  staff  and 
volunteers are trained. 

training 

Art.  46,  Act  No  CXXXV 
of  2005  on  Crime  Victim 
State 
Support 
Compensation 

and 

EN 

65 

EN 

 
  
 
 
 
Member State  

Article 12  
Cooperation between 
Member States 

Germany 

European Union  
Not fully transposed. 
Transposed  provisions  not 
communicated 

Italy  

Transposed  provisions  not 
communicated 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 

on 
180(5)  Law 
Art. 
sentences 
of 
execution 
transmitted by DE does not 
fully 
the 
transpose 
provision. 
Not fully transposed. 
Acts  No.  302/90,  340/95, 
108/96,  70/98,  407  /  98, 
44/99, 512/99 
Not fully transposed 

Article 13 
(Specialist services and victim support 
organisations) paragraph 2 

Not fully transposed. 

 See previous paragraph 
Not fully transposed 

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Not fully transposed. 

Transposed  provisions  not 
communicated 

by 

the 

Courses  are  held  every 
year 
Italian 
governing 
magistrates’ 
the  Consiglio 
council, 
Superiore 
della 
Magistratura, on protection 
of crime victims. 
A  commission  on  criminal 
mediation  and  reparative 
justice  established  by  a 
Decree 
on 
26 February  2002  by  the 
prison 
Italian 
administration 
very 
active in the field of victim 
assistance. 
Not fully transposed 
Victims'  Charter,  special 
and  ongoing  training  and 
development in the support 
is 
and  care  of  victims 

issued 

is 

Ireland  

EN 

In  March  2005  the  Irish 
Government  established  the 
Commission for the Support 
of  Victims  of  Crime  with  a 

the 
Since  March  2005 
Commission 
the 
Support  of  Victims  of 
Crime  has  provided  over 

for 

40  organisations  ranging  from  specialised 
organisations  like  Rape  Crisis  &  Domestic 
Violence  to  Support  after  Homicide  to 
support  for  the  general  victims  of  crime 

66 

EN 

 
  
Member State  

Article 12  
Cooperation between 
Member States 

and 

devising 

an 
remit 
of 
appropriate 
support 
framework  for  victims  of 
to  disburse 
crime 
funding  for  victim  support 
and  assistance  measures. 
Funding 
is  being  made 
available  to  over  40  NGOs 
engaged 
supporting 
in 
victims of crime. 
The  Commission  for 
the 
Support of Victims of Crime 
engages 
Victim 
with 
Support Europe and is in the 
process  of  applying 
for 
associate membership. 

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 
active 
beings) 
are  vey 
and  have 
internationally 
links 
strong 

cooperation 

victims 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 
€3.5  million  in  funding  to 
over  40  NGOs  engaged  in 
supporting 
of 
crime.  
The 
Crime 
National 
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. 
The government authorities 
financed 
several 
for  victim 
programmes 
support  
Government  Decision  no. 
491  of  4  May  2004  on  the 
to 
national 
prevent  violence  against 
children 
2005-2007 
provides 
a  variety  of 
coordinated actions and the 
means  aiming  to  eradicate 

programme 

Article 13 
(Specialist services and victim support 
organisations) paragraph 2 

funding. 

receive 
organisations 
accompaniment 

There 

dedicated 

are 
to 

also 
court 

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 

the 
important  policy  of 
Irish  Garda 
Siochána. 
Victim Support Ireland has 
over  500  professionally-
volunteers 
trained 
delivering 
services 
its 
throughout  the  country,  as 
of 
a 
as 
well 
professional staff. 

core 

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 
in  Human 
and  Control  of  Trafficking 
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: 

of 

Police  officers  and  social 
workers  attend 
training 
courses  
and 
"Rehabilitation 
reintegration 
child 
victims  of  sexual  violence 
families" 
and 
published 
social 
workers 
(provisions  not 
communicated) 
Not fully transposed. 

their 

for 

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 

http://www.socmin.lt/index.php?770810303 

Not fully transposed. 

partners.  This 
by 

is 
the  LT 

with 
supported 
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 
social 
to  victims  of 
assistance 
trafficking 
human 
their  safety  and 
beings, 
their 
into 
society. 
(provisions  not 
communicated) 

reintegration 

for 

in 

Luxembourg  

Networks  under  various 
conventions. 

EN 

See previous paragraph. 
Not fully transposed. 

Victim 
centre, 
support 
under  the  auspices  of  the 
prosecutor  general,  within 
the  central  social  work 
service  of  the  Luxembourg 
is  also  a 
state.  There 
service 
legal 
offering 
advice  to  victims  should 
they need it. 
Not fully transposed. 

68 

The  professional  training 
judges  and 
for  police, 
prosecutors 
includes 
training  on  how  to  deal 
with  victims  of  certain 
specific  crimes  such  as 
incest or assaults. 
Not fully transposed. 

EN 

 
  
 
 
 
 
 
 
 
Member State  

Article 12  
Cooperation between 
Member States 

Netherlands, The 

for 

No  transposition  provisions 
communicated  although  the 
NL  considers:  "there  is  still 
considerable 
scope 
improvement  in  cooperation 
between  Member  States 
especially  in  the  field  of 
the 
compensation 
Government  in  the  case  of 
serious crimes of violence." 

by 

Article 13 
(Specialist services and victim support 
organisations) paragraph 2 

No transposition provisions communicated. 
See previous paragraph. 

the 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 
No transposition provisions 
communicated. In NL there 
is a national victim support 
with 
organisation 
centres, 
specialised 
first 
providing 
emotional 
help, 
information and, if need be, 
for  victims 
counselling 
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 
staff 
support 
victim 
is 
provide 
to 
employed 
information  and  a  point  of 
contact for victims.  

the 

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
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 
to 
geared 
specific 
the  most 
needs 
of 
vulnerable 
of 
groups 
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 
include 
latest  developments  in  the 
fields  of  victim  support, 
legislation 
and 
jurisprudence.  The  Manual 
can  be  consulted  by  any 
the 
police  officer  via 
Police 
is 
It 
intranet. 
available  in  the  600  or  so 
public 
important 
most 
libraries. 

to 

EN 

69 

EN 

 
  
Member State  

Poland  

Article 12  
Cooperation between 
Member States 

relating 
to 

 The  Law  of  7.07.2005  on 
the  state  compensation  for 
victims of certain categories 
of  intentional  offences  was 
implement 
introduced 
to 
Directive 
Council 
2004/80/EC 
to 
crime 
compensation 
victims.  The  Law  provides 
for  a  system  of  cooperation 
competent 
between 
the 
of  Member 
authorities 
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 
Council 
Protocol, 
decision 
framework 
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 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 

training  for 
Apart  from 
law 
and 
judicial 
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 
considerations 
pecuniary 
the 
adjudicated  within 
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 
bequests, 
paid, 
inheritances, 
donations, 
grants  and  other  sources. 
Third,  NGO  activities  are 
financed  in  part  by  the 

Article 13 
(Specialist services and victim support 
organisations) paragraph 2 

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).  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 

Implementing 
actions 
include training for judges, 
prosecutors, police officers 
and  social  workers  dealing 
with  victims.  In  order  to 
guarantee special treatment 
for 
are 
children  who 
victims  and  witnesses,  the 
Ministry 
Justice 
of 
supports  the  “Child  –  the 
witness  needing 
special 
campaign 
attention” 
addressed  at  judges  and 
prosecutors  in  particular. 
They  are  trained  in  the 
psychology  of  a  child  as  a 
witness 
criminal 
in 
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 
criminal 
in 
proceedings  by  promoting 
rules  on 
and  applying 

EN 

70 

EN 

 
  
 
Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 

European 
Commission 
from  the  “Assistance  for 
Victims Network” project.  

Not fully transposed 

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 

"friendly 
atmosphere" 
hearings.  Further  action  is 
planned  for  2009,  namely 
for 
training  courses 
10 
approximately 
1000 
persons.  Their  aim  is  to 
the  professional 
develop 
those  working 
skills  of 
with 
to 
and 
introduce  best  practice 
from  other  Member  States 
justice 
into 
system.  

the  Polish 

victims 

Member State  

Article 12  
Cooperation between 
Member States 

on 

law  –  Section  XII,  Chapter 
62a  and  62b  CCP),  Council 
decision 
framework 
of 
2005/214/JHA 
24.02.2005 
the 
application  of  the  principle 
of  mutual  recognition 
to 
-  as 
financial  penalties 
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 
Victim 
States 
within 
and 
Support 
other 
cooperates 
ministries  (AT,  CZ,  LV). 
The  aim  of  the  cooperation 
is  exchange  of  information 
concerning 
and 
services  for  victims.  This  is 

Europe 
with 

practice 

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 

achieved  by  conferences, 
study  visits  within 
the 
“Assistance 
for  Victims 
Network”  project.  Good 
practice  gained  from  this 
cooperation  is  shared  with 
legal 
NGOs 
and 
(judges, 
practitioners 
prosecutors),  police  officers 
and  psychologists  during 
training. 
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 
fight 
May 2001  on 
against 
child 
pornography. 
Cooperation  with 
other 
Member  States  by  way  of 
victim 
links 
between 
organisations, 
support 
APAV  (Portuguese  Victim 
Support 
organisation, 
recognised  and  funded  by 
the  State)  is  a  member  of 
Victim  Support  Europe  and 

internet 

the 

Portugal 

EN 

See previous paragraph. 
Not fully transposed. 

Commission 

Appropriate  protection  of 
women  victims  of  crime  – 
Law 
of 
n° 61/91 
13 August. 
for 
The 
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 

72 

Professional training: 
Judicial police: arts. 45 and 
83  of  Organic  Law  on 
judicial  police,  approved 
Decree-Law 
by 
n° 275/A/2000 
9 
of 
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 

 
  
Member State  

Article 12  
Cooperation between 
Member States 

of  the  European  Forum  for 
Victim-Offender  Mediation 
and Restorative Justice. 
Not fully transposed.  

n° 460/77 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 
or development of children 
and  young  persons  and 
situations in which they are 
victims  of  crime.  Decree-
of 
Law 
7 November.  Status 
of 
specific  social  solidarity 
institutions  (IPSS)  Decree-
Law 
of 
n° 119/83 
23 February.  Recognition 
of  APAV  as  a  specific 
solidarity institution (IPSS) 
for  public  good,  official 
da 
journal 
República), 
III, 
n° 159, of 12 July 1990 and 
series 
III,  n° 27,  of  1 
February 1991. 
Not fully transposed. 

(Diário 

Series 

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 
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 
of 
n° 143/99 
Law 
31 August. 
INOVAR.  
Centre  for  Legal  Studies, 
which  is  responsible  for 
training 
and 
prosecutors, 
created  by 
Decree-Law  n° 374-A/79 
as 
10 September, 
of 
amended  by  Decree-Law 
n° 395/93 of 24 November. 
Its  structure  and  functions 
are  governed  by  Law 
n° 16/98 of 8 April. 

judges 

EN 

73 

EN 

 
  
Article 14 (Training for 
personnel involved in 
proceedings or otherwise 
in contact with victims) 
paragraph 1 
Not fully transposed. 

Art.  2,  Law  no.  211/2004 
on  certain  measures  for 
assured 
of 
victims of crime 

protection 

Transposed  provisions  not 
communicated 
Transposed  provisions  not 
communicated 

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 

Romania  

Not transposed  

Slovakia  

Slovenia  

Spain 

Sweden  

Transposed  provisions  not 
communicated 
Transposed  provisions  not 
communicated 
Support for EU initiatives in 
this area. 
Not fully transposed. 

Many 
international 
issues 
conferences 
on 
related  to  the  rights  of  the 
victims held in Sweden  
The  authority 
for 
assistance 

responsible 
and 
victims 

compensation 

to 

Law 

7-13, 

victims 

no. 
Art. 
certain 
on 
211/2004 
measures 
assured 
for 
protection  of  victims  of 
crime 
Transposed  provisions  not 
communicated 
Transposed  provisions  not 
communicated 
Victim  support  bureaux, 
financed from central funds 
financial 
offer 
and 
assistance 
support, 
psychological 
under  Law  n°  35/1995  of 
11  December  1995  on 
to  victims  of 
assistance 
sexual 
and 
violence 
offences. 
Not fully transposed. 
Act on counselling the civil 
parties (1988:609) 
Art.  11  Chapter  5,  Law  on 
social services (2001:453) 
The 
victims 
organisations 

encourages 
support 
through 

state 

Not transposed 

Transposed provisions not communicated 

Transposed provisions not communicated 

Transposed provisions not communicated  Ministry  of  Justice  runs 
numerous  training  courses 
every year. 
Transposed  provisions  not 
communicated 

See previous paragraph  

June 

2001, 

In 
the 
Government  instructed  the 
Courts 
National 
Administration, 
the 
Attorney  General  and  the 
train 
national  police 
their staff in victim support 

to 

EN 

74 

EN 

 
  
 
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 

attends 

issues  
The  authority  responsible 
for 
and 
compensation 
assistance  to  victims  also 
regularly 
such 
training  
Law  enforcement,  social 
services,  education  and 
health  care  personnel  was 
supporting 
trained 
women 
of 
domestic violence  
England 
and  Wales: 
Training  provided  but  not 
on a statutory basis. 
Training 
Scotland: 
provided  but  not  on  a 
statutory basis. 

victims 

on 

for 

previous 

England and Wales: 
As 
information leaflets. 
Scotland: 
As for previous paragraph. 

paragraph.  Also 

Member State  

Article 12  
Cooperation between 
Member States 

participates 

regularly 
in 
works at international level. 
Not fully transposed. 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 

to  help 

economic support 
National 
fund 
victims (Brottsofferfond) 
Police  provides  victims 
support  organisations  with 
information  on  victims  of 
crime  

United Kingdom  

England  and  Wales:  Victim 
Support  active  at  European 
level. 
Scotland:  Victim  Support 
Scotland  active  at  European 
level. 

at 

and 

England 
and  Wales: 
Government  funds  Victim 
offers 
Support  which 
support, 
emotional 
practical  assistance  and 
advocacy,  support  at  ID 
parades 
court, 
assistance  with  insurance 
and  compensation  claims, 
personal  safety  and  crime 
prevention 
advice, 
information  on  criminal 
justice 
and 
information and referral on 
to  other  agencies.  It  also 
runs the Witness Service in 
court.  The  Government 

procedures 

EN 

75 

EN 

 
  
 
Member State  

Article 12  
Cooperation between 
Member States 

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 

Article 13 
(Specialist services and 
victim support 
organisations) paragraph 
1 
also  provides  funding  to  a 
wide  range  of  specialist 
charities supporting victims 
offences. 
of 
Scotland:  Victim  Support 
Scotland  as  for  England 
and Wales. 

serious 

EN 

76 

EN 

 
  
 
Member State  

Austria  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 

Belgium  

See paragraph 1  

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 

See previous paragraph. 
Not fully transposed. 

Article 16 (Territorial 
scope - Gibraltar) 

Not applicable. 

See paragraph 1  

Not applicable 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 
Arts.  26(6)  and  32(5)  of  the 
Law  on  the  organisation  of 
tribunals.  (specialised  units 
dealing  with  sexual  offences 
are 
into 
integrated 
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 
the 
the  regulation  on 
of 
implementation  of  the  Law 
Prosecution 
on 
Service 
that 
services  with 
prosecution 
more 
than  10  Prosecutors 
should have a specialised unit 
covering sexual offences.  
Sec  165  new  Code  of 
Criminal  Procedure  (special 
rooms 
questioning 
children). 
Ministerial  Circular  GPI  58 
on  police 
to 
victims in the integrated, two 
level police service 
Police  offices  are  entitled  to 
receive  subsidies  in  order  to 

assistance 

provides 

Public 

for 

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 
establish facilities for victims 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 

Article 16 (Territorial 
scope - Gibraltar) 

Bulgaria  

See paragraph 1  

Cyprus  

Czech Republic  

Denmark  

Estonia  

France  

Training  was  provided 
to 
judges  and  police  officers  in 
the  field  of  victim  support 
related issues  
Transposed  provisions  not 
communicated 

Initial training for judges and 
police 
includes 
officers 
victim related issues  

Police  officers,  prosecutors 
and  judges received  training 
to  work  with 
on  how 
victims.  
Transposed  provisions  not 
communicated 

Finland  

See previous paragraph  

Art.  11,  Law  on  support  and 
financial  compensation 
to 
victims of crime 
Transposed  provisions  not 
communicated 

Art.  11  Law  on  support  and 
financial  compensation 
to 
victims of crime 
Transposed  provisions  not 
communicated 

Not applicable  

Not applicable 

Transposed  provisions  not 
communicated 

Report  on  the  protection  of 
witnesses,  drafted 
in  June 
1998 by a working group set 
up by the Ministry of Justice 
Transposed  provisions  not 
communicated 

Funding for INAVEM 
2001  and  2004  Victims' 
Charters. 
Not fully transposed. 

Czech  courts  are  gradually 
equipped  with 
separate 
waiting  rooms  for  witnesses 
and victims 
See previous paragraph  

Not applicable 

Not applicable 

Transposed 
measures not communicated 

provisions 

/ 

Not applicable 

Transposed 
measures not communicated 

provisions 

/ 

Not applicable 

See provisions for Art. 8(3)  
secondary 
of 
Questions 
victimisation  are  part  of  the 
personnel 
of 
training 

See  the  provisions  for  Art. 
8(3) 
Questions 
secondary 
of 
victimisation  are  part  of  the 

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 
involved  in  proceedings  or 
otherwise 
in  contact  with 
victims.  See  paragraph  on 
Article 14(1) 

Hungary  

See previous paragraph 

Germany 

Italy  

Transposed  provisions  not 
communicated 
See previous paragraph 

Ireland  

See previous paragraph 

and 

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 
State 
Compensation 
Transposed  provisions  not 
communicated 
Art.  149,  398(5-ii),  498  (4-
iii),  Code 
of  Criminal 
Procedure 
Draft law no. 1242  
Draft law no. 30  
Not fully transposed 
fully-equipped 
A 
suite  for  victims  of  rape, 
sexual  assault  and  other 
serious crimes is available in 
Dublin.  The  Courts  Service 
has  undertaken  to  provide 

special 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 
training 
personnel 
of 
involved  in  proceedings  or 
otherwise 
in  contact  with 
victims.  See  paragraph  on 
Article 14(1) 
Transposed 
measures not communicated 

provisions 

/ 

Article 16 (Territorial 
scope - Gibraltar) 

Not applicable 

Transposed  provisions  not 
communicated 
See previous paragraph 

Not applicable 

Not applicable 

See previous paragraph.  

Not applicable 

EN 

79 

EN 

 
  
Member State  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 

Lithuania  

Programme 

Training  of  professionals  is 
covered  by  a  framework  of 
national  plans.  The  8th 
special  measure  of  the  2005-
2008 
on 
Prevention  and  Control  of 
Trafficking in Human Beings 
provides 
training  of: 
police officers, border police, 
officers, 
migration 
prosecutors  (in  2006),  social 

for 

of 

supports 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 
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 
are 
range 
available to victims of crime, 
from  court  victim  support 
before,  during  and  after 
and 
proceedings 
including  specialist  support 
services  for  the  families  of 
murder  victims, 
including 
specialised  counselling  for 
children  who 
experience 
family homicide. 
Project on "Strengthening the 
protection  of  crime  victims 
and 
and 
witnesses 
consolidation of international 
police cooperation within the 
criminal 
framework 
activity".  
The  national  programme  on 
prevention of child abuse for 
2005-2007, approved on May 
4,  2005  by  Decision  N°  491, 

up 

of 

to 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 

Article 16 (Territorial 
scope - Gibraltar) 

Not applicable 

29 

January 

Government decision no. 141 
2003, 
of 
approving  the  programme  of 
renovation  and  improvement 
of  conditions  for  people  in 
2003-2007 
custody 
(provisions 
not 
communicated) 

for 

EN 

80 

EN 

 
  
Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 

Article 16 (Territorial 
scope - Gibraltar) 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 
provides  for  the  creation  of 
special  premises 
in  major 
police  stations  for  hearing 
training  of 
children  and 
police  
Articles  9,  186,  280  and  283 
Code of Criminal Procedure. 

Member State  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 

for 

officials 

teachers 
doctors 

(in 
workers  and 
and 
2005-2007), 
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 
Children 
for 
provides for training in 2008-
2010 
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 
trafficking 
children, 
in 
sexual  violence 
children, 
against  children,  and 
to 
support  of  victims.  Almost 
all 
cover 
training  of  professionals. 
Budgetary 
are 
allocated  for  this  training. 
training  of 
There 
within 
specialists 
international  projects,  e.g. 

programmes 

resources 

is  also 

EN 

81 

EN 

 
  
Member State  

Luxembourg  
Netherlands, The 

Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 
within  the  Council  of  Baltic 
Sea  States.  In  addition  to 
seminars,  there  are  manuals 
for  professionals,  e.  g.  for 
for 
policemen, 
social 
workers,  for 
teachers,  for 
prosecutors and judges. 
See previous paragraph 
See previous paragraph 

Poland  

Training  provided  to  judges, 
prosecutors,  police  officers 
and psychologists 

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) 

Not transposed 
See previous paragraph 

Not applicable 
Not applicable 

Not transposed 

Not applicable 

any 

Not transposed 
Victim  Support  Instructions 
prevent 
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 
areas 
where  victims  can  make 
statements.  
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 
practical 
victimisation, 

separate 

EN 

82 

EN 

 
  
Member State  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 

Portugal 

See previous paragraph 

Romania 

See previous paragraph 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 
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 
the  Ministry  of 
Hearing, 
devised 
Justice 
recommendations 
on 
standards  that  such  rooms 
should meet. The Ministry of 
a 
Justice  has 
verification 
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.  
INOVAR. 
Special  waiting  areas 
police 
recommended 
INOVAR report. 
Not transposed  

in  place 
procedure 

stations 
in 

in 
are 
the 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 

Article 16 (Territorial 
scope - Gibraltar) 

See previous paragraph 

Not applicable 

Not transposed 

Not applicable 

EN 

83 

EN 

 
  
Member State  

Slovakia  

Slovenia  

Spain 

Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 
Transposed  provisions  not 
communicated 
Transposed  provisions  not 
communicated 

See previous paragraph 

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) 

Not transposed 

Not transposed 

Not applicable 

Transposed  provisions  not 
communicated 

Not applicable 

See previous paragraph 

Not applicable 

Transposed  provisions  not 
communicated 
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 
the 
rapidly 
appropriate 
legal 
information. 
Some  Bars 
operate  a  24  hour  service 
offering assistance to victims. 
Specialist  training  is  offered 
to 
the 
"Integrated  Programme  on 
domestic violence". 
There  is  also  a  convention 
signed  with 
the  official 
association  of  psychologists 
de 
(Colegio 
Psicólogos). 

lawyers 

receive 

Oficial 

under 

EN 

84 

EN 

 
  
Member State  

Sweden  

Article 14 (Training for 
personnel involved in 
proceedings or otherwise in 
contact with victims) 
paragraph 2 

See previous paragraph 

United Kingdom  

England and Wales/Scotland: 
See previous paragraph 

EN 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 2 

Article 16 (Territorial 
scope - Gibraltar) 

See previous paragraph 

Not applicable 

England and Wales: 
Scotland: 

The  Framework  Decision 
shall apply to Gibraltar 

Article 15 
(Practical conditions 
regarding the position of 
victims in proceedings) 
paragraph 1 
Since 1994, a national public 
authority 
Brottsoffermyndigheten, 
promotes  the  rights,  needs 
and interests of victims 
Most 
departments 
police 
have a separate hearing room 
for children 
Efforts 
to  create  waiting 
rooms  for  victims  within  the 
courts are ongoing  
In  England  &  Wales,  police 
procedures  separate  victims 
and  witnesses,  and  suspects. 
Separate  interview  facilities 
at  police  stations  to  ensure 
victims  do  not  come  into 
the  accused. 
contact  with 
Designated 
identification 
parade suites. Court buildings 
have  separate  waiting  areas 
for  victims  and  witnesses  in 
nearly 
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 

all 

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) 

intimidated 

vulnerable  or 
witnesses.  
Northern  Ireland:  Criminal 
Evidence  (NI)  Order  1999 
allows  a  victim’s  video 
to  be 
recorded  evidence 
presented 
court. 
the 
to 
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. 
identification 
Designated 
parade 
suites  exist  with 
procedures  clearly  laid  down 
for  the  separation  of  accused 
Screens 
and  witnesses. 
enable  vulnerable  witnesses 
to  give  their  evidence  out  of 
sight  of  the  accused,  and 
television 
closed 
equipment 
to 
allow vulnerable witnesses to 
provide  their  evidence  from 
outside the courtroom. 
Victim Support Scotland. 

is  available 

circuit 

EN 

86 

EN 

 
  
EN 

87 

EN