6 Amendments of Cindy FRANSSEN related to 2023/0250(COD)
Amendment 96 #
Proposal for a directive
Recital 6
Recital 6
(6) Crime reporting in the Union should be improved to fight impunity, avoid repeated victimisation and ensure safer societies. It is necessary to fight public insensitivity towards crime, by encouraging people who witness the crime to report crimes and assist victims and by creating safer environments for victims to report crime. To avoid deterring a victim from reporting the crime, it is necessary for victims to be able to invoke the protection of their own personal data vis- à-vis the opposing party in the criminal file. For victims who are irregular migrants in the Union, safe environment to report crime means reducing fear of return procedures being launched as a result of contacts with law enforcement authorities. The personal data of victims who are irregular migrants in the Union should not be transferred to the competent migration authorities at least until the completion of the first individual assessment as referred to in Article 22 of Directive 2012/29/EU. Reporting the crime and participating in criminal proceeding under Directive 2012/29/EU do not create any rights regarding the residence status of the victim, neither have any suspensive effect when determining their residence status. All vulnerable victims, such as child victims or victims in detention, who are in a situation of intimidation, or are otherwise dependent from the offender or whose mobility is limited should be able to report crime in conditions that take into account their particular situation and in line with protocols specifically set up for this purpose.
Amendment 126 #
Proposal for a directive
Recital 9
Recital 9
(9) For victims to sense that justice is done and to be able to defend their interest, it is important that they are present and able to actively participate in the criminal proceedings. That is why all victims in the Union, independently of their status in the criminal proceeding, which is established by the national law, should at least have the same right to free legal aid as the person accused in the same criminal proceeding. Likewise, they should have a right to an effective remedy under national law in the event of a breach of their rights under this Directive. In addition, all victims in the Union, independently of their status in the criminal proceeding, should have a right to request a review of decisions that were taken during court proceedings and affect them directly. Such decisions should include at least decisions on interpretation during court hearings and decisions on special protection measures available to victims with special protection needs. The procedural rules under which victims may request a review of such decisions taken during court proceedings should be determined by national law which should provide for the necessary guarantees that such a possibility of revision would not disproportionally prolong the criminal proceeding.
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2012/29/EU
Article 6 – paragraph 1 - introductory part
Article 6 – paragraph 1 - introductory part
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2012/29/EU
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 5 (new)
Article 9a – paragraph 5 (new)
5. Member States shall ensure that each child victim is granted free legal aid, at least to the extent that this right is also granted to child suspects. If criminal proceedings are still ongoing, legal aid shall remain free of charge even if the victim comes of age during the proceedings.
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a - paragraph 1 - point a
Article 26a - paragraph 1 - point a
(a) victims receive information that is adapted to their changing individual needs; whereas such information shall be simple and easy to understand, provided in an active and timely manner, repeated over time, in multiple formats including orally, in writing and digitally;