9 Amendments of Claude MORAES related to 2011/0129(COD)
Amendment 157 #
Proposal for a directive
Recital 16
Recital 16
(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. In order to prevent any further victimisation. S such services should thereforehave to be conducted in a competent manner and should 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.
Amendment 241 #
Proposal for a directive
Article 2 – point e
Article 2 – point e
(e) ‘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. Restorative justice services can take place through direct meetings between the victim and the offender or indirect contact where the victim does not meet the offender;
Amendment 318 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. 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 both in their own Member States and in other Member States should the need arise.
Amendment 347 #
Proposal for a directive
Article 11 – title
Article 11 – title
Right to safeguards in the context of mediation and otheraccess safe, competent restorative justice services
Amendment 350 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
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 servicestake measures to ensure that a victim who chooses to participate in the restorative justice process has access to safe, competent restorative justice services that safeguard the victim from intimidation or further victimisation. Such standards should as a minimum include the following:
Amendment 354 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) mediation or restorative justice services are used only if they arevailable to all victims of crime who choose to access them in their own interest of the victim, subject to any safety considerations, and based on free and informed consent; this consent may be withdrawn at any time;
Amendment 366 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall facilitate the referral of caspromote and facilitate victims' access to mediation or other restorative justice services, including through the establishment of protocols on the conditions for referral.
Amendment 435 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. 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, their relationship with the suspect, or the circumstances or the , type or nature of the crime, to secondary and repeat victimisation or intimidation.
Amendment 532 #
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25 a Member States shall ensure that there is sufficient co-ordination between relevant authorities working with or providing support to victims and their family members in cross-border cases in order to facilitate the exchange of information and co-operation.