England and Wales A victim is a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct; a close relative of a person whose death was directly caused by criminal conduct. Based on the of interaction the victim wants, the Code of Practice for Victims of Crime in England and Wales (the Code) sets out a number of ‘entitlements’ to the following: enhanced ‘service’ in case of a victim of serious crime; a needs assessment to evaluate how much support a victim needs; referral to victim support organisations; receive information on Restorative Justice; making a complaint if victims don’t receive information and services that they are entitled to. Interpreters are provided at public expense. Anonymous complaints are allowed for all offences. Private prosecutions are possible. The Crown Prosecution Service (CPS), exercising the discretionary powers of the DPP may, where certain circumstances arise, take over such private prosecutions. India ‘Victim’ means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression includes his or her guardian or legal heir. A copy of the complaint is given free of cost to the complainant (who may or may not be the victim). In case of non-cognisable offences, a record of the complaint is made but the informant is then referred to a Magistrate and the offence cannot be investigated without an order from the Magistrate. A Magistrate may also take cognisance of an offence upon private complaint or on information obtained through other means. The court can permit the victim to engage an advocate of her choice to assist the prosecutor. There is also the option for the complainant (who may be the victim) of appointing a ‘subsidiary’ prosecutor who must act under the directions of the public prosecutor and may be allowed to submit written arguments once evidence is closed in a case. For offences punishable by up to seven years of imprisonment, and/or a fine, a private prosecution by the complainant can be allowed by the Magistrate if it is in the interests of justice to allow it. Ireland There is no definition of victim The Commission for the Support of Victims of Crime (the ‘Commission’) under the Ministry Private prosecutions can only be invoked for the prosecution of
Table 2: Summary of Surrounding Legal Framework (Civil Law) Jurisdiction Definition of ‘victim’ Complaint Procedures and Other Support Private Prosecution Brazil A victim is the person (natural or moral) or abstract entity (e.g.: society, customs) which is injured by a criminal conduct in accordance with the definition of the crime. Complaints can be oral or written and can also be lodged online. There are no fees to be paid. In two types of prosecution (private prosecution and public prosecution subject to victim representation), which only involve certain types of crimes (generally to the privacy of the victim), a complaint by the victim is required. Once the indictment is offered and the prosecution officially starts, victims are entitled to multidisciplinary support services, including social, psychological, health-related and legal measures, to be determined by the Judge if she believes them to be necessary The Ministry of Justice introduced victim counselling by a Circular in 1998. Victim counselling institutions are independent, run by volunteer counsellors and the police have no influence on the organization or on the concrete assistance and advice provided to Private prosecution is possible in two situations: 1) in relation to crimes that can only be prosecuted under this type of suit (e.g.: crimes against honour – defamation, calumny and moral injury –, invasion of property without violence, fraud to execution, damage of property); or 2) as a substitute for public prosecution, when the Prosecutor in charge fails to indict the accused by the legal deadline. The costs are to be borne by the claimant, though in case of poverty, and if the victim has not sought free legal counselling, the Judge may appoint a private counsel to represent her and waive any other judicial costs. In relation to minors or mentally ill victims, and those who lack a legal representative or whose legal representative’s right collides with their own, the Judge may appoint a special curator (curador especial) to initiate the private prosecution. In case of the first type of prosecution, the Prosecutor may amend the charges, request new evidence and participate in the prosecution with all of her regular powers. In the second scenario, the Prosecutor may exercise all of her rights,
the duty to investigate each notitia criminis of which they receive notice or become aware autonomously. This investigation must be completed within six months, though this period can be extended by an application to the investigating judge (Giudice per le Indagini Preliminari or GIP) to 18 months. However, there is no way for the victim to enforce this. If she has previously so demanded, the victim must also receive notice of the prosecutor’s request for an extension of the time limit for the investigation. Upon receiving this communication, the victim has five days to submit pleadings to the investigative judge as to the denial of such an extension. close the case directly before the Supreme Court of Cassation. Upon receiving notice of the prosecutor’s request to close the case, the victim is given a fundamental opportunity to challenge this determination by appealing against such a request to the GIP. The victim’s application must contain an indication of the object on which further investigation is deemed necessary and of the evidence that support her allegations. If the GIP considers this application inadmissible, she can uphold the PM’s request and close the case. Otherwise, the GIP convenes a hearing in which she can instruct the PM to carry out further investigation or bring charges against the accused. Once the term for the investigation has expired, if the PM neither requests to close the case, nor brings charges against the accused, the victim may require the direct engagement in the investigation of a Higher Prosecution office, which is the prosecution office that is normally responsible for appellate proceedings. Where the prosecutor, at the end of the investigation, decides to bring a case against the accused, she must notify the accused, and then though legal aid is provided only in some circumstances (such as mafia offences and sexual offences). Otherwise, victims receive free legal aid and assistance only if their income is particularly low. For the hearing on confirmation of charges, the victim only has the right to be informed of the date of the hearing, to access the and make copies of the relevant documents.
victim. There is no entitlement for victims to access casefiles, though victims who provide a witness statement will normally be given a copy of their statement. England and Wales Victims are entitled to have their Victim Personal Statement, which includes information about the impact of the crime on their lives, and their concerns about crime, provided to the court in connection with bail hearings in a timely manner by the CPS. The Witness Care Unit has a duty to inform the victim of the outcome of bail hearings. The role of the victim is confined to being a witness at trial. Victims are entitled to see their witness statement to refresh their memory. Additionally, they can request access to a separate entrance to the court; to meet the CPS to ask about the proceedings; to be seated in an area separate to the accused and their family; be given a point of contact in the court so they can be informed about the proceedings. Victims are entitled to have friends, family and other supporting persons with them in court. All witnesses are entitled to assistance from the Witness Care Unit and their Witness Care Officer, including the organising of interpreters. The Witness Care Unit has a duty to inform the victim of court dates and locations within one working day of the Unit receiving notice from the court. The Witness Care Unit also has a duty to refer the victim to support services where the accused pleads not guilty, or where the victim will be called to give evidence. Code entitlements include: being informed of court dates; making a court familiarisation visit; meeting the CPS prosecutor to ask questions. India None. The role of a victim is confined to being a witness at trial. However, for more serious offences, the Magistrate may discharge the accused if the complainant is absent any time before the framing of the charge. Even for other cases, the Magistrate may discharge the accused if the complainant is absent on the day appointed for the accused’s appearance, None.
for pre-trial detention. The specific rights of the Accusation Assistant are: 1) right to request new evidence, including the appointment of witnesses (as long as the maximum quantity allowed per prosecution is not exceeded); 2) right to directly question witnesses; 3) propose amended charges in jury proceedings; 4) participate in oral debates in all types of proceedings; 5) present reasons or counter-reasons in appeals filed by the Prosecutor; 6) file interlocutory appeals or supplementary appeals. If the testimonies of accused persons, victims and witnesses diverge among themselves, any party may request a specific questioning procedure to be held. In this procedure, the persons who offered divergent statements are re-examined. There is also a provision conferring victims the right to ask written questions of experts, to request further clarification in relation to their technical reports and to appoint a technical assistant of her own choice. In fact, victims are entitled to request new evidence in relation to any issues that require further clarification. In relation to other special measures, there is one provision which confers victims the right of a separate space before and during hearings. If the Judge verifies that the presence of the accused at the hearing may intimidate or cause fear or humiliation she may determine that the testimony of the latter be given through videoconference, or, that the deposition proceeds in the presence of the accused’s attorney. Judges also have a general residuary power under which to consider options such as taking frequent breaks, or allowing support persons in court. Victims have the right to offer testimony and to be heard. of the dates of hearings; 4) right to a separate space before and during hearings; 5) right to protection of intimacy, honour and private life, in the form of determination of measures that the Judge sees as appropriate, including the realization of closed-doors or confidential proceedings; 6) right to multidisciplinary support services, including social, psychological, health and legal nature, to be determined by the Judge if she believes them to be necessary.