Rights of the victim

One of the greatest test of the quality of our justice systems is how well we treat our victims - appropriate treatment is a demonstration of our societies' solidarity with each individual victim and recognition that such treatment is essential to the moral integrity of society.

It is therefore crucial not only to combat and prevent crime, but also to properly support and protect individuals who do fall victim to crime.

Both legislative and practical measures have been put in place to provide an adequate level for the protection of victim's rights throughout the EU.

Crime victims' needs

People falling victim to crime have a range of needs, varying from victim to victim. To meet these individual needs, it is necessary that all victims are treated individually. However, the needs of victims can be grouped in the following five broad categories:

• respectful treatment and recognition as victims, both within the justice system and more widely by society;
• protection both from intimidation, retaliation and further harm by the accused or suspected and from harm during criminal investigations and court proceedings, such as by avoiding repeated interviewing of the victim;
• support, including immediate assistance following a crime, longer-term physical and psychological assistance and practical assistance during proceedings to help victims understand, participate and to reduce their distress;
• access to justice to ensure that victims are aware of their rights and understand them both linguistically and legally, are able to provide additional information and to participate in proceedings; and
• compensation and restoration, whether through financial damages paid by the State or by the offender or through mediation or other form of restorative justice that allow victims to face the accused, with a view to reaching a voluntary agreement between them on how to repair the harm to the victim.

EU action to address these needs

The Council Framework Decision on the standing of victims in criminal proceedings from 2001, establishes basic rights for victims of crime within the EU. It requires that EU countries ensure victims:

• the right to be heard and the right to supply evidence;
• access to relevant information, including on support, protection and compensation possibilities, and on their role in proceedings;
• access to interpretation and translation;
• the opportunity to participate in proceedings;
• access to legal aid and reimbursement of costs and expenses, when they have the status of parties or witnesses in the criminal proceedings;
• the protection of their safety and privacy;
• the right to compensation from the offender; and
• the possibility to participate properly in the criminal procedure even if they reside in another EU country.

The Framework Decision also calls on EU countries to:

• promote mediation in criminal cases;
• promote victim support systems; and
• to encourage the training of personnel coming into contact with victims.

EU countries had to adapt their legislation in line with the requirements of the Framework Decision by 2006. Implementation reports published in 2004 and 2009 however concluded that EU legislation has not yet been effective in achieving minimum standards for victims across the EU.

The Commission therefore put forward, on May 18, 2011, a proposal for a legislative package to strengthen the legal framework including among others a proposal for a directly binding and effectively enforceable Directive establishing minimum standards on the rights, support and protection of victims of crime [144 KB] . The proposal is currently under discussion with the Council of the European Union and the European Parliament under the co-decision legislative procedure.