Better protection for victims in criminal proceedings

SUMMARY OF:

Directive 2012/29/EU – minimum standards on the rights, support and protection of victims of crime

SUMMARY

WHAT DOES THE DIRECTIVE DO?

• Known as the Victims’ Directive, it reinforces existing national measures with EU-wide minimum standards on the rights, support and protection of victims of crime in every EU country.

• Victims must have the right to:
  • understand and to be understood during contact with an authority (for example plain and simple language);
  • receive information from the first contact with an authority;
  • make a formal complaint and receive written acknowledgement;
  • interpretation and translation (at least during interviews/questioning of the victim);
  • receive information about the case’s progress;
  • access victim support services.

KEY POINTS

• Its main goals are to ensure that victims of crime receive appropriate information, support and protection and may participate in criminal proceedings wherever the damage occurred in the EU.
• Every EU country must ensure that victims of crime are recognised and treated in a respectful, sensitive and professional manner according to their individual needs and without any discrimination (for example based on nationality, resident status, race, religion, age, gender, etc.).
• The directive lays down minimum standards for all victims of all crimes regardless of victims’ nationality or residence status. As soon as a crime is committed or criminal proceedings take place in the EU, the victim must be granted the rights established by the victims’ directive. Under the directive, family members of deceased victims are considered victims themselves.

The directive establishes the following rights.

• These victims must have the right to:
  • have their case heard in court;
  • review a court’s decision not to prosecute;
  • have their expenses reimbursed;
  • receive legal aid;
  • recover stolen property.
• National authorities must minimise the difficulties faced when the victim is a resident of an EU country other than that where the offence was committed.

FROM WHEN DOES THE DIRECTIVE APPLY?

It entered into force on 15 November 2012. EU countries had to incorporate it into national law by 16 November 2015.

BACKGROUND

The directive replaces Council Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA).

• For more information see ‘Victims’ on the European Commission's website.

ACT

Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, pp. 57–73)

last update 15.02.2016