31 Amendments of Maria NOICHL related to 2023/0250(COD)
Amendment 81 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Any natural person that has suffered the attempt of a crime should be considered a victim. The same should apply to any minor who witnessed violence due to their particular vulnerability related to the emotional trauma that the exposure to acts of violence.
Amendment 95 #
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. 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. Member States should take the necessary measures to ensure any irregularity concerning the victim's residence status should not be used to influence the victim's willingness to cooperate in the criminal investigation, prosecution or trial. The status of undocumented victim should be taken into account by the competent authorities for the individual assessment pursuant Article 22. 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 120 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to ensure the right to protection of the dignity of victims, the Member States must tackle the sharing online material of a criminal offence in order to avoid secondary victimisation and other serious psychosocial consequences for the victim and to prevent the normalisation of violence This applies especially to cases of gender-based violence, including sexual assault and rape, used to inflict fear and silence on women.
Amendment 129 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) The right to free legal aid is essential to guarantee the effective participation for victims in criminal proceedings. Therefore, Member States should provide free legal aid to victims regardless of the type of crime they suffered, and whether they are party to a criminal proceeding or not.
Amendment 133 #
Proposal for a directive
Recital 10
Recital 10
(10) All victims should be assessed in a timely, adequate, efficient and proportionate manner. It is essential to ensure that victims receive the support and protection that correspond to their individual needs. The individual assessment of victims’ needs of support and protection should be done in stages. Within the first stage, all victims should be assessed from the first contact with the competent authorities to ensure that the most vulnerable victims are identified at the very early stages of the proceeding. As of the next stages, victims who need such enhanced assessment should be assessed by victim support services including psychologists. Such services are best placed to assess the state of victims’ well- being. The individual assessment should also take into account the situation of the perpetrator, who may have a history of violence, be in a possession of arms or abusing drugs and as such pose higher risks for victims. The individual assessment of victims’ needs should also include the assessment of victims’ needs of support, not only of protection. It is essential to identify victims who are in need of special support, so a targeted support such as prolonged free of charge psychological aid is provided to those who need it. In cases of gender-based violence, including domestic violence, victims are often especially vulnerable, being financially dependent on the perpetrator. This experience is further exacerbated for women living with disability, migrant women and others experiencing intersectional discrimination.
Amendment 165 #
Proposal for a directive
Recital 18 e (new)
Recital 18 e (new)
(18e) Member States should record and transmit data on all forms of offline and online gender-based violence, with a particular focus on femicide.
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 c (new)
Article 1 – paragraph 1 – point -1 c (new)
Directive 2012/29/EU
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 1
Article 3a – paragraph 1
1. in Article 3a, paragraph 1 is replaced by the following 1. Member States shall take the necessary measures to establish easily accessible, user friendly, secure, free of charge and confidential victims’ helplines which:
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a (new) – paragraph 1 – point b
Article 3a (new) – paragraph 1 – point b
(b) offer emotional and psychological support;
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3 a - paragraph 2
Article 3 a - paragraph 2
2. Member States shall ensure the provision of helplines referred to in paragraph 1 through a telephone helpline connected to the EU harmonised number “116 006” and through other information and communication technologies, including websites allowing for the continuation of pre-existing helplines. Member States shall ensure secure funding for these.
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2012/29/EU
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5 a – paragraph 1
Article 5 a – paragraph 1
1. Member States shall ensure that victims can report criminal offences to the competent authorities through easily accessible, user friendlysecure, confidential and user friendly reporting mechanisms, including online and offline reporting, using information and communication technologies. Such possibility shall include submission of evidence where feasible.
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5 a – paragraph 3
Article 5 a – paragraph 3
3. Member States shall ensure that victims can effectively report crimes committed in detention facilities and accommodation centres where applicants and beneficiaries of international protection are located. Detention facilities shall include in addition to jails, detention centres and holding cells for suspects and accused, specialised detention facilities for applicants of international protection and pre-removal centres, and accommodation centres where applicants and beneficiaries of international protection are located.
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5 a – paragraph 5
Article 5 a – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting crimes are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 22.;
Amendment 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2012/29/EU
Article 6 paragraph 5
Article 6 paragraph 5
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2012/29/EU
Article 8 paragraph 2
Article 8 paragraph 2
2. Member States shall ensure that victims are contacted by the relevant general or specialised support services if the individual assessment referred to in Article 22 demonstrates the need for support and the victim consents to be contacted by support services or if the victim requests support. This applies also for continued support after the end of the court proceedings where needed.;
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2012/29/EU
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) emotional and, where available, psychological support once they become aware of a status of a person as a victim. If the special need for psychological support has been demonstrated by individual assessment referred to in Article 22, psychological support shall be available to victims in need of such support for as long as necessary.;
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2012/29/EU
Article 9 - paragraph 3 - point b
Article 9 - paragraph 3 - point b
(b) targeted and integrated support, including gender-sensitive and specialised trauma support and, counselling and sexual and reproductive health and abortion care, for victims with specific needs, such as victims of sexual violence, victims of gender-based violence, including violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council64 [on combating violence against women and domestic violence], victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism, victims of core international crimes.;sexual exploitation and victims with disabilities. ; _________________ 64 Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’;
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a paragraph 1
Article 9a paragraph 1
1. Member States shall take the necessary measures, including sufficient and continuous funding, to ensure the availability of child-friendly targeted and integrated specialist services for children to provide for age-appropriate support and protection necessary to comprehensively address the multitude of needs of child victims.
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point 2 (c)
Article 1 – paragraph 1 – point 5 – point 2 (c)
Directive 2012/29/EU
Article 9a paragraph 2(c)
Article 9a paragraph 2(c)
(c) emotional, psychological and psychologicsocial support for as long as necessary, even at a later stage in life;
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9 a – paragraph 2 – point c b (new)
Article 9 a – paragraph 2 – point c b (new)
(c.b.) free administrative and legal aid and support;
Amendment 338 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2012/29/EU
Article 13
Article 13
Amendment 385 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 -paragraph 3 - subparagraph 1- point a
Article 22 -paragraph 3 - subparagraph 1- point a
(a) victims who have suffered considerable harm due to the severity and/or repetition of the crime;
Amendment 405 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2012/29/EU
Article 23 paragraph 2 (d)
Article 23 paragraph 2 (d)
(d) all interviews with victims of sexual violence, gender-based violence including victims of violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council65 [on combating violence against women and domestic violence], unless conducted by a prosecutor or a judge, being conducted by a person of the same sex asex or gender chosen by the victim, if the victims so wishes, provided that the course of the criminal proceedings will not be prejudiced.; _________________ 65 Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’
Amendment 408 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2012/29/EU
Article 23 paragraph 3 (c)
Article 23 paragraph 3 (c)
Amendment 412 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2012/29/EU
Article 23 paragraph 4- point d (new)
Article 23 paragraph 4- point d (new)
In paragraph 4 the following point is added: (d) access to free shelters and other appropriate interim accommodations.
Amendment 423 #
Proposal for a directive
Article 1 – paragraph 1 – point 13a(new)
Article 1 – paragraph 1 – point 13a(new)
Directive 2012/29/EU
Article 25 paragraph 1
Article 25 paragraph 1
Amendment 438 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26 a – paragraph 1 – introductory part
Article 26 a – paragraph 1 – introductory part
1. Member States shall establish and implement specific protocols on the organisation of services and actions under this Directive by the competent authorities and other persons coming in contact with victims. The protocols shall be drawn up in coordination and cooperation between law enforcement, prosecution authorities, judges, labour inspectorates, detention authorities, restorative justice services and victim support services. The specific protocols shall aim as a minimum at ensuring that:
Amendment 449 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26 a – paragraph 1 – point b
Article 26 a – paragraph 1 – point b
(iii) have access to support and protection in accordance with their individual needs, including free legal aid;
Amendment 463 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2012/29/EU
Article 27a - point j (new)
Article 27a - point j (new)
(j) Children who witness violence are considered victims;
Amendment 488 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 Directive 2012/29/EU
Article 2 – paragraph 1 – subparagraph 1 Directive 2012/29/EU
Member States shall take the necessary measures to comply with this Directive [by two years after the entry into force] with the exception of the provisions necessary to comply with Article 26b which shall be adopted and published [by fourthree years after the entry into force]. They shall immediately inform the Commission thereof.