Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing minimum standards on the rights, support and protection of victims of crime
Date: 2011-05-18
Institutions: European Commission
Subjects: area of freedom, security and justice, child protection, crime, mutual recognition principle, victim

EUROPEAN COMMISSION 

Brussels, 18.5.2011 
COM(2011) 275 final 

2011/0129 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

{COM(2011) 274} 
{COM(2011) 276} 
{SEC(2011) 580} 
{SEC(2011) 581} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

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

The European Commission has identified as a strategic priority1 the protection of victims of 
crimes and the establishment of minimum standards, based on the Stockholm Programme and 
its Action Plan2. These documents place victims high on the EU agenda and firmly establish 
the  need  and  intention  to  create  an  integrated  and  co-ordinated  approach  to  victims,  in  line 
with the October 2009 JHA Council Conclusions3.  

The  European  Union  has  set  itself  the  objective  of  maintaining  and  developing  an  area  of 
freedom, security and justice, the cornerstone of which is the principle of mutual recognition 
of  judgments  and  other  decisions  of  judicial  authorities  taken  in  civil  and  criminal  matters 
within  the  Union.  The  Commission's  "Citizenship  Report"  of  27  October  20104  seeks  to 
dismantle the obstacles to citizens' rights by adding substance to individual rights granted at 
EU level. Strengthening victims' rights, together with the strengthening of procedural rights of 
suspects or accused persons in criminal proceedings reflects this approach. 

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

The  European  Parliament  has  also  called  upon  the  Council  to  adopt  a  comprehensive  legal 
framework offering victims of crime the widest protection5. In its resolution of 26 November 
20096  on  the  elimination  of  violence  against  women,  the  Parliament  called  on  the  Member 
States  to  improve  their  national  laws  and  policies  to  combat  all  forms  of  violence  against 
women  and  to  act  in  order  to  tackle  the  causes  of  violence  against  women,  not  least  by 
employing preventive measures and called on the Union to guarantee the right to assistance, 
protection  and  support  for  all  victims  of  violence.  Declaration  19  of  the  protocols  to  the 
Treaty  on  the  Functioning  of  the  European  Union  also  calls  on  Member  States  to  take  all 
necessary  measures  to  prevent  and  punish  acts  of  domestic  violence  and  to  support  and 
protect the victims of such violence. 

Judicial  cooperation  in  criminal  matters  in  the  Union  is  based  on  the  principle  of  mutual 
recognition  of  judgments  and  judicial  decisions.  Mutual  recognition  can  only  operate 
effectively  in  a  spirit  of  confidence,  whereby  not  only  judicial  authorities  but  all  those 

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6 

COM(2010) 623. 
OJ C 115, 4.5.2010, p. 1; COM(2010) 171. 
2969th JAI Council meeting, 23/10/2009, 14936/09 (Presse 306). 
EU Citizenship Report 2010 - Dismantling the obstacles to EU citizens’ rights - COM(2010) 603. 
Resolution  of  7  May  2009  of  the  European  Parliament  on  the  development  of  a  European  Union 
criminal justice area (INI/2009/2012). 
P_TA(2009)0098. 

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involved  in  the  criminal  justice  process  and  others  who  have  a  legitimate  interest  in  it  can 
trust in the adequacy of the rules of each Member State and trust that those rules are correctly 
applied. Where victims of crime are not subject to the same minimum standards throughout 
the  EU,  such  trust  can  be  reduced  due  to  concerns  over  the  treatment  of  victims  or  due  to 
differences in procedural rules. 

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

Consistency with other policies and objectives of the Union 

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

The  proposal  will  build  on  and  complement  existing  instruments,  in  particular  Council 
Directive  2011/36/EU  on  preventing  and  combating  trafficking  in  human  beings,  and 
protecting victims7, in Council Directive on combating the sexual abuse, sexual exploitation 
of  children  and  child  pornography8  presently  under  negotiation  or  in  Council  Framework 
Decision  of  2002/475/JHA  on  combating  terrorism9  as  modified  by  Council  Framework 
Decision  2008/919/JHА  of  28  November  200810.  It  will  establish  minimum  standards  on 
victims' rights which will improve the general environment for protecting victims in EU law 
and policy. While the specific instruments on, for example, acts of terrorism, trafficking and 
sexual abuse and sexual exploitation of children and child pornography address the particular 
needs of certain groups of victims of identified types of crimes, this proposal will set out the 
horizontal framework for addressing the needs of all victims of crime, irrespective of the type 
of  crime  or  the  circumstances  or  place  in  which  it  was  committed.  The  provisions  of  this 
proposal are consistent with the approach taken in the above policy areas.  

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

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OJ L 101/1 . 
OJ L […]. 
OJ L164, 22.6.2002, p. 3. 
OJ L 330, 9.12.2008, p. 21-23. 

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

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

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

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Existing provisions in the area of the proposal 

–  Trafficking  in  human  beings,  where  protection  of  victims'  rights  has  been  introduced  in 
Council  Directive  2011/36/EU,  including  specific  focus  on  children  who  are  particularly 
vulnerable to trafficking11;  

–  Sexual  abuse,  sexual  exploitation  of  children  and  child  pornography,  where  a  proposed 

new directive addresses the specific needs of child victims of those crimes12; 

–  An EU Agenda for the Rights of the Child, which sets a key objective of making the justice 
systems  more  child-friendly.  Negative  experiences  of  child  victims  who  are  involved  in 
criminal proceedings should be reduced and child victims should be given the opportunity 
to play an active part in criminal proceedings13; 

–  Council  Directive  2004/80/EC  relating  to  compensation  for  crime  victims  which  aims  at 

facilitating access to compensation in cross-border situations14; 

–  Combating violence against women, being a strategic priority in the 2010-2015 Strategy on 

Gender Equality, and the focus of the Daphne III Programme15;  

–  Protection of the rights of terrorist victims16. 

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENTS 

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

The  Commission  contracted  an  external  study  to  support  the  preparation  of  the  impact 
assessment and a further study was contracted to examine options in relation to the specific 
objective of ensuring that the protection gained through a protection order is not lost when a 
protected person travels or moves to another Member State17. Results from two surveys have 

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Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and 
combating  trafficking  in  human  beings  and  protecting  its  victims,  and  replacing  Council  Framework 
Decision 2002/629/JHA. 
Proposal  for  a  directive  on  combating  the  sexual  abuse,  sexual  exploitation  of  children  and  child 
pornography, repealing FD 2004/68/JHA. 
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions, An EU Agenda for the Rights of 
the Child - COM(2011) 60, 15.2.2011. 
Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261, 
6.8.2004, p. 15). 
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Strategy  for  equality  between 
women and men (2010-2015) - COM(2010) 491. 
Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism as modified by modified 
by Council Framework Decision 2008/919/ША of 28 November 2008 (OJ L 330, 9.12.2008, p. 21-23). 
Hess  Burkhard,  "Feasibility  Study:  The  European  Protection  Order  and  the  European  Law  of  Civil 
Procedure", soon available at: http://ec.europa.eu/justice/index_en.htm. 

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also  been  used:  the  external  study  consulted  384  representatives  from  government  and  non-
government  sectors,  receiving  119  replies,  and  the  Victims  in  Europe  Project18  received  97 
replies to its legal implementation questionnaire and 218 to its organisational questionnaire.  

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

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

In  addition  to  direct  consultation,  the  Commission  has  drawn  on  a  number  of  studies  and 
publications19.  

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

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

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

Article 2 - Definitions 

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

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APAV/Victim  Support  Europe,  the  Project  "Victims  in  Europe",  2009  (hereinafter  referred  to  as  the 
"APAV Report". 
See e.g. APAV Report, The Implementation of the EU Framework Decision on the standing of victims 
in  the  criminal  proceedings  in  the  Member  States  of  the  European  Union,  Lisbon  2009;  Bulgarian 
Centre  for  the  Study  of  Democracy,  Project  ONE:  Member  States'  legislation,  national  policies, 
practices and approaches concerning the victims of crime, Sofia 2009. 

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

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

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

Article 7 – Right to access victim support services 

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

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

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

Article 8 – Right of victims to have their complaint acknowledged 

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

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Article 9 – Right to be heard 

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

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

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

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

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

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

Article 13 – Right to reimbursement of expenses 

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

Article 18 – Identification of vulnerable victims 

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

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

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

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

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

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

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

This Article mirrors the approach taken in Article 8 of the 2001 Framework Decision with a 
view to ensuring that where a victim must attend a venue as a result of their participation in 
criminal proceedings, appropriate steps should be taken to ensure the victim does not have to 
come  into  contact  with  accused  or  suspected  persons.  This  could  be  achieved  by  various 

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means such as establishing separate waiting areas, and controlling the arrival of victims and 
the accused. Best practice and guidance offered to public officials can also act as an important 
source of information on how to assist in avoiding contact.  

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

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

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

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

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

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

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

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human trafficking combined with the individual assessment should provide a strong indication 
of the need for a protection measure. 

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

Article 24 – Training of practitioners 

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

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

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

4. 

SUBSIDIARITY PRINCIPLE 

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

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

The proposal therefore complies with the subsidiarity principle. 

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5. 

PROPORTIONALITY PRINCIPLE 

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

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2011/0129 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Article 82(2) thereof, 

Having regard to the proposal from the European Commission, 

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

Having regard to the opinion of the European Economic and Social Committee20,  

Having regard to the opinion of the Committee of the Regions21,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

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

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

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

20 
21 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

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

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

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

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

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

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

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

(11) 

Information  and  advice  provided  by  public  authorities,  victim  support  services  and 
restorative justice services should as far as possible be given through a range of media 
in a manner which can be understood by the victim. It should also be ensured that the 
victim can be understood during proceedings. In this respect, the victim’s knowledge 
of  the  language  used  to  provide  information,  their  age,  maturity,  intellectual  and 
emotional  capacities,  literacy  levels  and  any  mental  or  physical  impairment  such  as 

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those related to sight or hearing, should be taken into account. Equally, limitations on 
a  victim’s  ability  to  communicate  information  should  be  taken  into  account  during 
criminal proceedings. 

(12) 

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

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

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

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

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

(17)  Some victims are particularly vulnerable during criminal proceedings to secondary and 
repeat  victimisation  and  to  intimidation  by  the  offender  or  his  associates.  Such 
vulnerability can broadly be identified from the personal characteristics of the victim 

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and  the  type  or  nature  of  the  crime.  On  this  basis  some  victims  such  as  children, 
persons with disabilities, victims of sexual violence and victims of human trafficking 
are in most cases vulnerable to further victimisation and in need of special protection 
measures. Only in exceptional circumstances, such as balancing the fundamental rights 
of  the  accused  or  suspected  person,  or  where  the  victim  so  wishes,  should  access  to 
such protection measures be limited. In the case of victims of human trafficking and 
victims  of  child  sexual  abuse,  sexual  exploitation  and  child  pornography,  where 
specific  and  more  detailed  provisions  are  already  included  in  separate  instruments 
adopted  or  in  course  of  negotiation  this  Directive  does  not  deal  with  those  same 
matters. 

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

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

(20) 

(21) 

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

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

(22)  The risk of further victimisation either by the offender or as a result of participation in 
criminal proceedings should be limited by carrying out proceedings in a co-ordinated 
manner  which  treats  victims  with  respect  and  enables  them  to  establish  trust  in 
authorities.  Interaction  with  authorities  should  be  as  easy  as  possible  whilst  limiting 
the number of unnecessary interactions the victim has with them through for example 
video  recording  of  interviews  and  allowing  its  use  in  court  proceedings.  As  wide  a 
range  of  measures  as  possible  should  be  made  available  to  practitioners  to  prevent 
distress to the victim during court proceedings in particular as a result of visual contact 
with  the  offender,  his  family,  associates  or  members  of  the  public.  To  that  end, 

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Member States are encouraged to introduce, where appropriate, feasible and practical 
measures  enabling  court  facilities  to  include  separate  waiting  areas  for  victims. 
Protecting the privacy of the victim can be an important means of preventing further 
victimisation  and  can  be  achieved  through  a  range  of  measures  including  non-
disclosure or limitations on the disclosure of information concerning the identity and 
whereabouts of the victim. Such protection is particularly important for child victims, 
including non-disclosure of the name of the child.  

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

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

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

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

(27)  Personal  data  processed  when  implementing  this  Directive  should  be  protected  in 
accordance  with  Council  Framework  Decision  2008/977/JHA  of  27  November  2008 
on  the  protection  of  personal  data  processed in  the  framework  of  police  and  judicial 
cooperation  in  criminal  matters22  and  in  accordance  with  the principles  laid  down  in 
the Council of Europe Convention of 28 January 1981 for the Protection of Individuals 
with regard to Automatic Processing of Personal Data, which all Member States have 
ratified. 

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

(29) 

[In accordance with Articles 1, 2, 3 and 4 of the Protocol on the position of the United 
Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, the United Kingdom and Ireland have notified their wish to participate in the 

22 

OJ L 350, 30.12.2008, p. 60. 

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adoption and application of this Directive] OR [Without prejudice to Article 4 of the 
Protocol on the position of the United Kingdom and Ireland in respect of the Area of 
Freedom,  Security  and  Justice,  annexed  to the Treaty on  European Union and  to the 
Treaty  on  the  Functioning  of  the  European  Union,  the  United  Kingdom  and  Ireland 
will  not  participate  in  the  adoption  of  this  Directive  and  will  not  be  bound  by  or  be 
subject to its application]23. 

(30) 

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

HAVE ADOPTED THIS DIRECTIVE: 

Chapter 1 

INTRODUCTORY PROVISIONS 

Article 1 
Objectives 

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

Article 2 
Definitions 

For the purposes of this Directive: 

(a) 

‘victim’ means  

(i) 

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

(ii) 

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

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

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

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

(b) 

(c) 

23 

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(d) 

(e) 

(f) 

(g) 

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

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

'child' means any person below 18 years of age; 

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

Chapter 2 

PROVISION OF INFORMATION AND SUPPORT 

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

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

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

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

the type of support they can obtain; 

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

how and under what conditions they can obtain protection; 

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

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

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

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

contact details for communications about their case. 

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Article 4 
Right to receive information about their case 

1. 

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

(a) 

(b) 

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

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

(c) 

the time and place of the trial. 

2. 

3. 

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

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

Article 5 
Right to understand and to be understood 

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

Article 6 
Right to interpretation and translation 

1. 

2. 

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

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

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3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

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

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

(a) 

the complaint of the criminal offence to the competent authority; 

(b) 

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

(c) 

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

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

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

Article 7 
Right to access victim support services 

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

As a minimum, such services shall provide: 

(a) 

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

(b) 

information on or referral to, as appropriate, specialist services; 

(c) 

emotional and psychological support; 

(d) 

advice relating to financial and practical issues following the crime. 

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

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

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Chapter 3 

PARTICIPATION IN CRIMINAL PROCEEDINGS 

Article 8 
Right of victims to have their complaint acknowledged 

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

Article 9 
Right to be heard 

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

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

1. 

2. 

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

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

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

1. 

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

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

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

(c) 

(d) 

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

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

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(e) 

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

2. 

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

Article 12 
Right to legal aid 

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

Article 13 
Right to reimbursement of expenses 

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

Article 14 
Right to the return of property 

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

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

1. 

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

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

2. 

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

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1. 

2. 

3. 

1. 

2. 

Article 16 
Rights of victims resident in another Member State 

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

–  to  take  a  statement  from  the  victim  immediately  after  the  complaint  of  the 

criminal offence is made to the appropriate authority; 

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

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

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

Chapter 4 

RECOGNITION OF VULNERABILITY AND PROTECTION OF VICTIMS 

Article 17 
Right to protection 

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

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

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1. 

2. 

3. 

4. 

Article 18 
Identification of vulnerable victims 

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

(a)  Children; 

(b)  Persons with disabilities. 

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

(a)  Victims of sexual violence; 

(b)  Victims of human trafficking. 

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

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

5. 

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

Article 19 
Right to avoidance of contact between victim and offender 

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

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

Member States shall ensure that:  

(a) 

(b) 

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

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

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(c) 

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

1. 

2. 

Article 21 
Right to protection of vulnerable victims during criminal proceedings 

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

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

(a) 

(b) 

(c) 

(d) 

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

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

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

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

3. 

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

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

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

(c)  measures to avoid unnecessary questioning concerning the victim's private life 

not related to the criminal offence; and 

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

Article 22 
Right to protection of child victims during criminal proceedings 

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

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(a) 

(b) 

1. 

2. 

1. 

2. 

3. 

4. 

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

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

Article 23 
Right to protection of privacy 

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

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

Chapter 6 

GENERAL PROVISIONS 

Article 24 
Training of practitioners 

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

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

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

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

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1. 

2. 

1. 

2. 

3. 

Article 25 
Co-operation and co-ordination of services 

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

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

Chapter 7 

FINAL PROVISIONS 

Article 26 
Transposition 

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

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

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

Article 27 
Provision of data and statistics 

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

Article 28 
Replacement 

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

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

Article 29 
Entry into force 

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

Article 30 
Addressees 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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