71 Amendments of Saskia BRICMONT related to 2023/0250(COD)
Amendment 80 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and in the Charter; whereas ensuring that all victims of crime in the EU can benefit from protection without discrimination on any grounds, including the ground of sex characteristics, alongside and in combination with the other intersecting grounds of discrimination set out in/already recognised in recital 17 Directive (2012/29/EU).
Amendment 86 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to provide victims with seamless and modern means of exercising their rights, the Member States should make it possible for victims to communicate electronically with national competent authorities. Victims should enjoy the possibility of using electronic tools to receive information about their rights and about their case, report crimes, submit evidence and to otherwise communicate with competent authorities and with support services through communication and information technologies in a confidential and safe manner. Victims should be able to choose the method of communication with national competent authorities, and the Member States should provide for such communication and information technologies as an alternative to the standard methods of communication, without however replacing them completely.
Amendment 87 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to ensure comprehensive channels of communication taking into account the complexity of victims’ needs in relation to their right to access information, all victims, independently of where in the EU and in what circumstances the crime took place, should be able to access victims’ helplines by using the EU- wide 116 006 telephone number or by connecting to the dedicated websites. Under such helplines, victims should be able to receive the information about their rights, emotional support and be referred to the police or other services, including other specialised helplines – if needed. Such helplines shall be operated by trained and supervised individuals from an organisation specialised in delivering victim support either by public or non- governmental organisations and should also refer victims to other specialised helplines, referred to in Commission Decision 2007/116/EC56 [5], such as the harmonised number related to child helpline “116 111”, missing children “116 000” and gender-based violence “116 116”. _________________ 56 Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).
Amendment 99 #
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 bMany victims of a crime continue to face severe barriers in accessing justice, support and protection. In order to encourage victims and people who witness the crime to report, it is important to offer a wide variety of reporting mechanisms to cater to the multiple needs and circumstances of victims, including anonymous and third- party creaporting safer. It is also essential to create safe and confidential environments forwhere victims to report crimeor people suspecting that criminal offences have been committed are expected to report without any reprisals, including in relation to their migration status. 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 103 #
Proposal for a directive
Recital 7
Recital 7
(7) Targeted and integrated support services should be available to a broad range of victims with specific needs. Such victims may include not only victims of sexual violence, victims of gender-based violence and victims of domestic violence, including victims of online forms of such crimes, but also victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims of core international crimes. In response to the shortcomings identified in the evaluation, Member States should set up specific protocols that will organise the actions of specialist support services to comprehensively address the multiple needs of victims with specific needs. Such protocols should be set up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services. Victim support services, both governmental and non-governmental, should be granted sufficient human and financial resources.
Amendment 117 #
Proposal for a directive
Recital 8
Recital 8
(8) To avoid serious consequences of victimisation in early age, that may negatively affect entire victims’ life, it is crucial to ensure that all child victims, including child witnesses of crime receive the highest standard of support and protection. Most vulnerable child victims, including child victims of sexual abuse, child victims of trafficking in human beings and child victims who have otherwise been particularly affected by the crime due to the gravity of crime or to their particular circumstances should benefit from the targeted and integrated support and protection services that includes coordinated and cooperated approach of judicial and social services within the same premises. Such services should be provided in a dedicated space. To ensure that the child victim is effectively protected in cases where a crime involves the holder of parental responsibility, or there is a conflict of interest between the child and the holder of parental responsibility, a provision has been added to ensure that in cases such as reporting of a crime, medical or forensic interviews, referral to support services or psychological support, among others, these acts should not be conditional upon the consent of the holder of parental responsibility, always taking into account the best interests of the child.
Amendment 124 #
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 a, be properly assisted at the court premises and to be accompanied by support services throughout the entirety of the court proceedings if they wish to. All victims in the Union, independently of their status in the criminal proceeding, which is established by the national law, 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. Active participation in criminal proceedings and access to an effective remedy requires that victims are duly updated and informed on the state of play and significant developments in the criminal proceedings.
Amendment 128 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Restorative justice can be of great benefit to the victims and provide victims with a safe environment to make their voice heard, support their recovery process and reparation of the harms caused. In line with the Council of Europe Recommendation CM/Rec(2023)2 on rights, services and support for victims of crime, restorative justice should be a service that is generally available for all victims of crime. Restorative justice services should have sufficient capacity to provide safe and effective services to all victims who may benefit, and at all stages of the criminal justice process. Restorative justice provides a (direct or indirect) dialogue between the victim and the offender, taking the form, for example, of victim-offender mediation, restorative conferencing and sentencing and peacemaking circles. These processes can also involve, where appropriate, other persons affected by the crime, especially family and, where appropriate, the community to which they belong. The decision to participate and the agreement in a restorative justice process should be based on free and informed consent. Victims should be given both the information and the opportunity (through systematic referral and the option of self- referral) to determine whether and when restorative justice is right for them. Restorative justice services must be governed by recognised, evidence-based standards of practice to ensure the protection of victims, including vulnerable victims and victims of serious offences.
Amendment 130 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Victims should have access to legal aid prior, after and at all stages of criminal proceedings. This legal aid should be provided free of charges for victims of serious crimes and for victims who do not have sufficient means to pay for legal assistance. The fact that the victim has a relationship and dependence on the offender needs to be taken into account when assessing the victims’ means to pay. Legal aid needs to be also provided to EU citizens and residents victims of serious crimes committed outside the territory of the Union.
Amendment 131 #
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, who should be adequately trained, 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 further 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, and who experience intersecting forms of discrimination so a targeted support such as prolonged free of charge psychological aid is provided to those who need it for as long as it is deemed necessary by the victim's psychologist. The individual assessment needs to be conducted in the best interest of the victim, prioritising their safety, protection and support needs, and avoiding secondary or repeated victimisation.
Amendment 138 #
Proposal for a directive
Recital 11
Recital 11
(11) As a result of the enhanced assessment of victims’ needs for protection, victims who are in need of physical protection should be able to receive it in a form adapted to their particular situation. Such measures should include the presence of law enforcement authorities or being kept away from the offender on the basis of national protection orders or the referral to shelters and other interim accommodations. Such measures may be of a criminal, administrative or civil law nature. Member States should enhance the awareness among relevant competent authorities about the availability of such protection measures.
Amendment 142 #
Proposal for a directive
Recital 12
Recital 12
(12) All victims should be able to obtain a decision on compensation from the offender within the criminal proceedings to avoid their engagement in multiple cumbersome and lengthy proceedings in separate civil proceedings. All victims should benefit from the schemes on compensation in which, following a decision on compensation from the offender at the end of the criminal proceeding, they receive, without a delay, the compensation from the state. Compensation should be provided for treatment and rehabilitation for physical and psychological injuries. Member States should consider compensation for loss of income, funeral expenses and loss of maintenance for dependants, and compensation for pain and suffering. States may consider means to compensate damage resulting from crimes against property. The state afterwards should be able to recuperate the compensation from the offender. Such approach to compensation saves victims from the risks of secondary victimisation, since victims do not have to contact offenders when receiving compensation. Such facilitated access to compensation from the offender during criminal proceeding does not affect the Member States obligations to ensure the existence of a scheme on compensation to victims of violent intentional crimes committed in their respective territories, which guarantees fair and appropriate compensation to victims under Council Directive 2004/80/EC58 . _________________ 58 Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261, 6.8.2004, p. 15)[7].
Amendment 143 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Officials of public authorities, bodies and institutions who are likely to come into personal contact with victims should have access to and receive sufficient and appropriate training. Training should enable professionals to acquire the skills and knowledge to identify and understand signs of victimisation, the needs of victims, the impact of crime and trauma, the national law and procedures relative to victims’ rights, including on protection measures, specificities of certain groups of victims, taking into account their specific vulnerabilities. Training should be organised to address skills and knowledge necessary to working with all victims as well as for specialised knowledge and skills to ensure targeted and appropriate responses for specific groups of victims, based on type of crime or personal characteristics. Training should include sensitisation on the risks of secondary victimisation and ways to reduce it, and it should enable such professionals to develop soft skills to engage and communicate with victims in a victim sensitive manner. It should be provided by specially trained professionals or other suitable persons on a regular basis, included on-boarding training and in lifelong career development. Trainings by non-governmental actors, including victims’ associations and civil society organisations should be encouraged and adequately funded. Innovative practices, including multi-agency training, the use of new technologies and interactive training should be promoted.
Amendment 146 #
Proposal for a directive
Recital 13
Recital 13
(13) Victims cannot effectively benefit from their rights to information, to support and protection in accordance with their individual needs if they are faced with the national justice schemes that lack cooperation and coordination among those who come into contact with victims. Without close cooperation and coordination of the national law enforcement, prosecution, judiciary, restorative services, compensation services and victim support services, it is difficult for victims to effectively execute their rights under Directive 2012/29/EU. Other authorities, such as healthcare, education and social services, as well as non- governmental organisations are encouraged to be part of this cooperation and coordination. This is particularly valid in relation to child victims.
Amendment 161 #
Proposal for a directive
Recital 18
Recital 18
(18) The collection of accurate and coherent data, including both qualitative and quantitative data, and the timely publication of collected data and statistics are fundamental to ensure full knowledge on the rights of victims of crime within the Union and to monitor the practical implementation of this Directive, including monitoring the remaining barriers for victims when reporting crimes and accessing victims’ rights. Introducing a requirement for Member States to collect and report to the Commission data on the application of national procedures on victims of crime every three years in a harmonised way is expected to constitute a relevant step to ensure the adoption of data-informed policies and strategies. The Fundamental Rights Agency should continue to assist the European Commission and Member States in the collection, production and dissemination of statistics on victims of crime and in reporting on how victims have accessed the rights set out in this Directive. The Commission should submit regular reports to the European Parliament and to the Council assessing the extent of the practical implementation of the Directive identifying any rights which are not fully or correctly implemented.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 1 - point c
Article 3a – paragraph 1 - point c
(c) refer victims to relevant services, including general and specialised support services and/or specialised helplines if neededand/or restorative justice services.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 3
Article 3a – paragraph 3
3. Member States shall take appropriate measures to ensure the availability of the services referred to in paragraphs 1 and 2 in other languages, including at least the languages most used in the Member State. Member States shall ensure that victims who do not understand or speak the languages of the services are provided with translation and interpretation, free of charge.
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4
Article 3a – paragraph 4
4. Helplines may be set up by public or non-governmental organisationsshall be operated by trained and supervised individuals from either public or non-governmental organisations specialised in delivering victim support and may be organised on a professional or voluntary basis.;
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4a (new)
Article 3a – paragraph 4a (new)
4a. Member States shall take the necessary measures to ensure that helplines are available to support victims by ensuring appropriate opening hours, and granting sufficient human and financial resources.
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4b (new)
Article 3a – paragraph 4b (new)
4b. Member States shall ensure that support provided by victims’ helplines pursuant to this article is without prejudice to the right of victims to receive information about their rights and about their case, and to otherwise communicate with competent authorities, and with other general or specialised victims’ support services through appropriate communication and information technologies.
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 1
Article 5a – paragraph 1
1. Member States shall ensure that victims can safely and confidentially report criminal offences to the competent authorities through easily accessible, user friendly information and communication technologies. Such possibility shall include submission of evidence where feasible. Member States shall take the necessary measures to ensure that the reporting of the offence does not compel victim into cooperating in the criminal investigation, prosecution or trial. Member States shall also ensure that victims having reported a crime pursuant this article are not held liable for the irregularity of their entry into or stay in a Member State.
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2
Article 5a – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that criminal offences have been committed, or that further acts of violence are to be expected, to report this to the competent authoritiessafely and confidentially report these offences or violent acts to the competent authorities as referred to in paragraph 1.
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2a (new)
Article 5a – paragraph 2a (new)
2a. In accordance with procedures in national law, diversified reporting mechanisms shall include the possibility of reporting criminal offences and submitting evidence online or through other information and communication technologies, reporting criminal offences anonymously and through third-party reporting.
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 3
Article 5a – paragraph 3
3. Member States shall ensure that victims who are deprived of liberty can effectively report crimes committed in detention facilities. D and other custodial settings. Such 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 persons. Other custodial facilities shall include reception, accommodation, or pre-removal centres where irregular migrants, or applicants and beneficiaries of international protection are temporarily confined, as well as mental health institutions and social care institutions, and any other form of public or private custodial setting under control of any judicial, administrative, or other public authority, or private institution from which the victim is not permitted to leave at will.
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 3a (new)
Article 5a – paragraph 3a (new)
3a. Member States shall ensure that criminal offences committed by public officials, including police violence, can safely and confidentially be reported to the superiors of the officials involved, as well as to other appropriate competent authorities or organs vested with reviewing or remedial powers.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 4
Article 5a – paragraph 4
4. Where children report criminal offences, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and use language in accordance with their age and maturity. Notification of the reported criminal offence to the child’s parent or guardian shall only be made with consent from the child. Member States should ensure that all children, including witnesses, those with disabilities and those living in residential and closed-type institutions, can report crimes.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 5
Article 5a – 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 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 5a (new)
Article 5a – paragraph 5a (new)
5a. The personal data collected as a result of reporting an offence pursuant to this article may only be disclosed to a third party under the condition that the data subject has explicitly consented to such disclosure, or that there is a legal requirement or authorisation to do so, in line with necessity and proportionality requirements. Member States shall take the necessary measures to ensure that at the moment of reporting victims of crimes or third parties reporting an offence are informed about how their personal data may be processed.
Amendment 257 #
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 promptly by the relevant general or specialised support services if the individual assessment referred to in Article 22 demonstrates the need for support and if the victim consents to be contacted by support services or if the victim requests support.;
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – introductory part Directive 2012/29/EU
Article 1 – paragraph 1 – point 3 – point b – introductory part Directive 2012/29/EU
(b) the following paragraph iss are added:
Amendment 260 #
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 3a (new)
Article 8 – paragraph 3a (new)
3a (new) Member States shall ensure that the communication between the victims and the professionals providing support services are adequately protected from undue disclosure. Such communication may only be disclosed to a third party under the condition that the victims has explicitly consented to such disclosure, or in presence of a legal requirement or authorisation to do so, when necessary and proportionate for the investigation or prosecution of the criminal offence.
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2012/29/EU
Article 8 – paragraph 5a (new)
Article 8 – paragraph 5a (new)
5a (new) Member States shall ensure that victim support services, both governmental and non-governmental, are granted sufficient specialised human and financial resources.
Amendment 270 #
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, pPsychological support shall be available to victims in need of such support for as long as necessary as determined by the victim’s psychologist.;
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2012/29/EU
Article 9 – paragraph 1 – point cb (new)
Article 9 – paragraph 1 – point cb (new)
(a.c.) in paragraph 1 the following point is added: '(cb) information about access to legal counselling, including possibilities of legal aid'
Amendment 281 #
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 trauma support and counselling and access to comprehensive medical care services, including sexual and reproductive healthcare services, clinical management of rape, emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections and access to safe and legal abortion, 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[13] [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.; _________________ 64 Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’;
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2012/29/EU
Article 9 - paragraph 4
Article 9 - paragraph 4
(c) the following paragraph iss are added:
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c (new)
Article 1 – paragraph 1 – point 4 – point c (new)
Directive 2012/29/EU
Article 9 – paragraph 4a (new)
Article 9 – paragraph 4a (new)
c.a. Member states shall ensure independent yearly evaluation of the quality of support services referred to in this article and shall ensure that the services are adapted accordingly.
Amendment 292 #
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 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, including child witnesses of crime.
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 2 – point c
Article 9a – paragraph 2 – point c
(c) emotional, psychosocial, educational and psychological support;
Amendment 301 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 2 – point h
Article 9a – paragraph 2 – point h
The following subpoint in paragraph 2 is added: (h) free legal aid;
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 2 – point i (new)
Article 9a – paragraph 2 – point i (new)
The following subpoint in paragraph 2 is added: (i) administrative support.
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 3a (new)
Article 9a – paragraph 3a (new)
3d. Member States shall ensure independent yearly evaluation of the quality of support services referred to in paragraph 2 and shall ensure that the services are adapted accordingly.
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10a
Article 10a
Member States shall take the necessary measures to establish assistance at the court premises to provide information and emotional support to victimon the relevant stages and progresses of criminal proceedings. Member States shall also ensure that practical and emotional support to victims is available throughout the entirety of the court proceedings. Such support should be provided by trained legal professionals and victims support workers.
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point a c (new)
Article 10b – paragraph 1 – point a c (new)
(ac) Article 18
Amendment 319 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point a d (new)
Article 10b – paragraph 1 – point a d (new)
(ad) Article 19
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12
Article 12
(6a) Article 12 Right to safeguards in the context of restorative justice services 1.is amended as follows: "Article 12 Right to restorative justice services 1) Member States shall take measures to establish access to restorative justice services for all victims of a crime, at any stage of the criminal proceedings in coordination with the provision of support services. 2) Member States shall take measures to safeguard the victim from secondary and repeat victimisation, from intimidation and from retaliation, to be applied when providing any restorative justice services. Such measures shall ensure that victims who choose to participate in restorative justice processes have access to safe and competent restorative justice services, subject to at least the following conditions: (a) thea) restorative justice services are used only if theyspect the principles of stakeholder participation, respectful dialogue, equal concern for the needs and interests of the parties, procedural fairness and consensus-based agreement, are in the interest of the victim, subject to any safety considerations, and are based on the victim's free and informed consent, which may be withdrawn at any time; (. No person should be induced by unfair means to participate in restorative justice processes; b) before agreeing to participate in the restorative justice process, the victim iss are provided with full and unbiased information about that process and the potential outcomes, as well as information about the procedures for supervising the implementation of any agreement; ( and, if relevant, the possible implications for ongoing legal proceedings; c) the offender has acknowledged the basic facts of the case; (d) any agreement is arrived at voluntarily and may be taken into account in any further criminal proceedings; ( e) discussions in restorative justice processes that are not conducted in public are confidential and are not subsequently disclosed, except with the agreement of the parties or as required by national law due to an overriding public interest. 23. Member States shall facilitate the referral of cases, as appropriate to restorative justice services, including through the establishment of procedures or guidelines on the conditions for such referral., including also the possibility for victims to initiate the restorative justice process (i.e. self-referrals)."
Amendment 339 #
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
(6b) Article 13 is amended as follows: "Article 13 Right to legal aid 1. Member Sstates shall ensure that victims have access to legal aid, where they have the status of parties to criminal proceedings. The conditions or in a language they can understand when reporting criminal offences, when deciding whether to be a party to the criminal proceeding, and during judicial proceedings where they have the status of parties to criminal proceedings. Member States shall ensure that legal aid is provided free of charges for victims of serious crimes and for victims who do not have sufficient means to pay for legal assistance prior to, during and after criminal proceedings. Member states should take into account relationship to and dependence on the offender when assessing the means to pay. Member States shall ensure legal aid to their citizens and residents who are victims of serious crimes committed outside the territory of the Union. 2. The procedural rules under which victims have access to legal aid shall be determined by national law."
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2012/29/EU
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that, in the course of the criminal proceedings, victims are entitled to claim compensation and to obtain a decision on compensation by the offender, within a reasonable time.;
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2012/29/EU
Article 16 – paragraph 2a (new)
Article 16 – paragraph 2a (new)
2a (c) the following paragraph 2a is inserted: '2a. The compensation shall place victims in the position they would have been in had the offence not taken place, taking into account the seriousness of the consequences for the victim. Compensation shall not be restricted by the fixing of an upper limit.'
Amendment 342 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2012/29/EU
Article 16 – paragraph 2b (new)
Article 16 – paragraph 2b (new)
2b. (d) the following paragraph 2b is inserted: '2b. Member States shall take the necessary measures to ensure that victims, irrespective of their residence status or type of exploitation, have access to schemes of compensation and they are provided with qualified legal assistance necessary to have access to remedies and for the execution of compensation orders, including free legal aid.'
Amendment 343 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2012/29/EU
Article 16 – paragraph 2c (new)
Article 16 – paragraph 2c (new)
2b the following paragraph 2c is inserted '2c. Member States shall ensure that procedures for obtaining access to and enforcing remedies are effective, child- sensitive, and readily accessible to children and their representatives, including legal guardians.'
Amendment 348 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2012/29/EU
Article 17 – paragraph 1- point b
Article 17 – paragraph 1- point b
(b) to have recourse to the extent possible to the provisions on video conferencing and telephone conference callsother distant communication technologies laid down in Regulation EU/xxx [Digitalisation of Judicial Cooperation] to facilitate participation in criminal proceedings of victims who are resident abroad.’;
Amendment 360 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2012/29/EU
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that personal data concerning a victim allowing the offender to identify the victim’s place of residence or to otherwise contact the victim in any way is not provided to the offender either directly or indirectly.; Member States shall also ensure that, to the extent that is necessary and proportionate to the need of protecting the privacy of the victim, and without prejudice to the right of the defence, competent authorities may decide not to publish sensitive information included in judgements or decisions, or to remove confidential data from the case file.
Amendment 369 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2012/29/EU
Article 22 – paragraph 1a
Article 22 – paragraph 1a
1a. The individual assessment shall be done by support services and initiated upon the first contact of the victim with the competent authorities, and shall last as long as necessary depending on the specific needs of each victim. Where the result of the initial stage of the individual assessment by the first contact authorities demonstrates the need to continue the assessment, such assessment shall be undertaken in collaboration with the institutions and bodies depending on the stage of the procedure and victims’ individual needs in accordance with the protocols referred to in Article 26a.; and without prejudice to the victim’s right to assistance, support and information.
Amendment 374 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2012/29/EU
Article 22 – paragraph 1f (new)
Article 22 – paragraph 1f (new)
(c) the following paragraph 1b is inserted: ‘1f. Where the result of the initial stage of the individual assessment by the first contact authorities or support services demonstrates the need to continue the assessment, such assessment shall be undertaken by support services in collaboration with the institutions and bodies depending on the stage of the procedure and victims’ individual needs in accordance with the protocols referred to in Article 26a. Member States shall ensure coordination between victims support services, bodies, institutions and competent authorities involved in the different stages of the individual assessment process. All stages of the individual assessment shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.'
Amendment 376 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c (new)
Article 1 – paragraph 1 – point 10 – point c (new)
Directive 2012/29/EU
Article 22 – paragraph 1h (new)
Article 22 – paragraph 1h (new)
(c) the following paragraph 1h is inserted: '1c. The personal data obtained by victims support services, bodies, institutions and competent authorities involved in the different stages of the individual assessment process may only be disclosed to a third party under the condition that the data subject has explicitly consented to such disclosure, or that there is a legal requirement or authorisation to do so, in line with necessity and proportionality requirements. Member States shall take the necessary measures to ensure victims are informed about how their personal data may be processed throughout and after the individual assessment process.'
Amendment 379 #
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 2 – point a
Article 22 – paragraph 2 – point a
(a) the personal characteristics of the victim, including relevant experiences of discrimination, also when based on a combination of several grounds such as sex, genderintersecting grounds of discrimination, such as sex, gender and gender identity or expression, sex characteristics, age, disability, religion or belief, language, racial, social or ethnic origin, residence status, sexual orientation;
Amendment 389 #
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
Article 22 – paragraph 3
In this regard, victims of terrorism, organised crime, human trafficking, gender-based violence, including violence against women and domestic violence, sexual violence, exploitation or hate crime, victims of core international crime including torture and enforced disappearances based on the respective Conventions and victims with disabilities shall be duly considered. Particular attention shall be paid to victims who fall under more than one of those categories.;
Amendment 396 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2012/29/EU
Article 22 – paragraph 3a
Article 22 – paragraph 3a
3a. In the context of the individual assessment, particular attention shall be paid to the risk emanating from the offender, including the risk of violent behaviour and of bodily harm, the use of weapons, involvement in a group of organised crime, drug or alcohol abuse, child abuse, mental health issues, risk and behaviour of stalking, expression of threats or hate speech.;
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point f
Article 1 – paragraph 1 – point 10 – point f
Directive 2012/29/EU
Article 22 – paragraph 4
Article 22 – paragraph 4
4. For the purposes of this Directive, child victims shall be presumed to have specific support and protection needs due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation. To determine whether and to what extent they would benefit from special measures as provided for under Articles 23 and 24, child victims shall be subject to an individual assessment as provided for in paragraph 1 of this Article. The individual assessment of child victims shall be organised within the framework of targeted and integrated support services referred to in Article 9a, and should take into account the specific needs of children without parental care.;
Amendment 406 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2012/29/EU
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point 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[14] [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 asgender 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 409 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2012/29/EU
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The following measures to ensure victims’ physical protection shall be available and granted with sufficient financial resources for victims with specific protection needs identified in accordance with Article 22(1) during criminal proceedings:
Amendment 411 #
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 ba (new)
Article 23 – paragraph 4 – point ba (new)
() in paragraph 4 the following point is added: (ba) access to shelters, including specialised shelters and other appropriate accommodations.’;
Amendment 421 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25
Article 25
(13a) Article 25 is amended as follows: "Article 25 Training of practitioners 1. Member States shall ensure that officials of public authorities, bodies and institutions likely to come into contact with victims, such as police officers and court staff, receive both general and specialist training to a level, as appropriate to their contact with victims, to increase their awareness of the needs of victims, and to enable them tovoid revictimisation and deal with victims in an impartial, respectful, gender and child sensitive and professional manner. 2. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall requestensure that those responsible for the training of judges and prosecutors involved in criminal proceedings make available both general and specialist training to increase the awareness of judges and prosecutors of the needs of victims. and to treat victims in a trauma-sensitive, gender-sensitive and child-sensitive manner, avoiding secondary victimisation. 3. With due respect for the independence of the legal profession, Member States shall recommend that those responsible for the training of lawyers make availablensure that lawyers receive both general and specialist training to increase the awareness of lawyers of the needs of victims. and to treat victims in a trauma- sensitive, gender-sensitive and child- sensitive manner, avoiding secondary victimisation. 4. Through their public services or by funding victim support organisations, Member States shall encourage initiatives enablingsure that those providing victim support and, restorative justice services to, health care, translation and interpretation services to victims, receive adequate training to a level appropriate to their contact with victims and observe professional standards to ensure such services are provided in an impartial, respectful, gender and child sensitive and professional manner. 5. In accordance with the duties involved, and the nature and level of contact the practitioner has with victims, training shall aim to enable the practitioner to recognise victims and to treat them in a respectful, professional and non-discriminatory manner. The training shall as well provide specialised knowledge and skills to identify and address the specific protection and support needs of victims experiencing intersectional forms of discrimination, include sensitisation on the risks of secondary victimisation and ways to reduce it and enable such professionals to develop soft skills to engage and communicate with victims in a victim sensitive manner. 6. Training activities referred to in paragraphs 1 to 5 shall be regular and mandatory. Member States shall take measures, including through their public services and by funding, to support responsible training bodies and organisations to develop, deliver and ensure the receipt of this trainings. Member states shall put in place procedures to ensure that the outcome and practical application of training under this Article are periodically and independently monitored and evaluated."
Amendment 432 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1
Article 26a – paragraph 1
1. Member States shall establish and implement specific protocols on the organisation of services and actions under this Directive by the competent authorities, victims support services, bodies and institutions dealing with victims of crime, 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 and in consultation with civil society organisations. The specific protocols shall aim as a minimum at ensuring that:
Amendment 444 #
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 b
Article 26a – paragraph 1 – point b
(b) victims who are in detention including jails, detention centres and holding cells for suspects and accused, as well as victims deprived of liberty in other custodial settings such as specialised detention facilities for applicants of international protection and pre-removal centres or in other institutions, including accommodation centers where applicants and beneficiaries of international protection are located:where irregular migrants, or applicants and beneficiaries of international protection are temporarily confined, as well as mental health institutions and social care institutions, and any other form of public or private custodial setting under control of any judicial, administrative, or other public authority, or private institution from which the victim is not permitted to leave at will.
Amendment 453 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 3
Article 26a – paragraph 3
3. Member States shall take the necessary legislative measures to allow for collection and sharing of information, in line with General data protection regulation (EU) 2016/679 including information containing personal data of victims between the competent authorities and victim support services to ensure access to information and appropriate support and protection of individual victims.
Amendment 459 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26c – paragraph 2
Article 26c – paragraph 2
Member States shall ensure that reasonable accommodation isand procedural accommodations are provided for victims with disabilities upon request.
Amendment 471 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall take the necessary measures to establish a system for the collection, production and dissemination of statistics on victims of crime. The statistics shall include data relevant to the application of national procedures on victims of crime, including at least the number and type of reported crimes and the number, the age, gender, sex of the victims, as well as other intersectional equality data and the type of the offence. They shall also include information on how victims have accessed the rights set out in this Directive and develop qualitative analysis on remaining barriers when reporting crimes and accessing victims’ rights.
Amendment 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The European Union Agency for Fundamental Rights shall support Member States and the Commission in the collection, production and dissemination of qualitative analysis and statistics on victims of crime and in reporting on how victims have accessed the rights set out in this Directive.
Amendment 487 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2012/29/EU
Article 29
Article 29
The report shall be accompanied, if necessary, by a legislative proposal.; The Commission shall, by [at most two years after the date of the first report] submit a report to the European Parliament and to the Council, assessing the extent of the practical implementation of the Directive identifying any rights which are not fully or correctly implemented.