[ParlTrack]

Proposal for a directive
Recital 1

(1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice, based on respect for human rights’ democratic institutions and the rule of law, the cornerstone of which is the mutual recognition of judicial decisions in civil and criminal matters.

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Recital 2

(2) The Union is committed to the protection of victims of crimes and to the establishment of minimum standards and has adopted Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings. Under the Stockholm programme, adopted by the European Council at its meeting on 10 and 11 December 2009, the Commission and the Member States have been asked to examine how to improve legislation and practical support measures for the protection of victims and how to strengthen the area of freedom, security and justice with actions focusing on the interests and needs of citizens.

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Recital 8

(8) This Directive lays down minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. The rights of victims provided for in this Directive are without prejudice to the rights of the offender. This Directive should also cover the situation when a person has been convicted of having committed a crime. The Directive should apply to criminal offences committed in the Union and to criminal proceedings that take place in the Union.

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Recital 9

(9) A person should be considered a victim regardless of whether a perpetrator or an offender is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator or the offender and the victim. Family members of victims are also harmed as a result of the crime, in particular the family of a deceased victim, who have a legitimate interest in criminal proceedings. Such indirect victims should therefore also benefit from protection under this Directive. Victims need appropriate support and assistance even before reporting a crime. Such support can be crucial both for the recovery of the victim and in any decision to ultimately report the crime. Where a victim is a child, the holder of the parental responsibility should be entitled to exercise the rights provided for by this Directive on behalf of the child.

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Recital 11

(11) Information and advice provided by public authorities, victim support services and restorative justice services should as far as possible be given through a range of media in a manner which can be understood by the victim. This information and advice should be provided in a simple and accessible language. It should also be ensured that the victim can be understood during proceedings. In this respect, the victim’s knowledge of the language used to provide information, their age, maturity, intellectual and emotional capacities, literacy levels and any mental or physical impairment such as those related to sight or hearing, should be taken into account. Equally, limitations on a victim’s ability to communicate information should be taken into account during criminal proceedings. Victims should be enabled to report the crime in a language they understand.

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Article 2 – point a – point i

(i) a natural person who has, individually or collectively, suffered harm, including physical or mental injury, emotional suffering or economic loss directly caused by a criminal offence or substantial impairment of his or her fundamental rights, through acts or omissions that are in violation of criminal laws in force within Member States, including the laws defining criminal abuse of power;

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Article 2 – point a – point ii

(ii) the immediate family members o~~f a person~~r dependants of the victim whose death has been caused by a criminal offence and persons who have suffered harm in intervening to assist victims in distress or to prevent victimisation;

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
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; . It is an approach to justice that focuses on the needs of victims, of offenders, as well as of the involved community, instead of satisfying abstract legal principles or punishing the offender;

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Article 3 – point c

(c) the type of support they can obtain and from whom;

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Article 3 – point i

(i) any procedures for making complaints where their rights are not respected by the competent authority in the criminal proceedings;

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) any decision, including reasons for that decision, ending the criminal proceedings instituted as a result of the complaint of a criminal offence made by the victim, such as a decision not to proceed with or to end an investigation or prosecution, or a final judgment in a trial or jury decision where reasons are not provided as a matter of national law, including any sentence;

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
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 before, during and for an appropriate time after criminal proceedings.

2012/03/06
Committee: FEMM

Angelika WERTHMANN

Proposal for a directive
Article 14

Member States shall ensure that recoverable property belonging to victims which is seized in the course of criminal proceedings is returned to them victims without delay, unless required for the purpose of criminal proceedings or if the ownership is disputed.