20 Amendments of Konstantinos ARVANITIS related to 2023/0250(COD)
Amendment 79 #
Proposal for a directive
Recital 1
Recital 1
(1) To ensure that victims of crime are able to report crime, receive appropriate information, support and protection and are able to participate in criminal proceedings, in a safe manner that minimises the risk of harm, and supports recovery and access to justice, the Union has adopted Directive 2012/29/EU of the European Parliament and the Council54 . _________________ 54 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 98 #
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. 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 171 #
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 173 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 f (new)Directive 2012/29/EU
Article 1 – paragraph 1 – point -1 f (new)Directive 2012/29/EU
Article 2 – paragraph 1 – point b
Amendment 203 #
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, multiple reporting mechanisms, including online and offline reporting, anonymous reporting and third-party reporting. Such possibility shallmay include submission of evidence where feasible.
Amendment 209 #
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 authorities as referred to in para 1. Such complaints should not lead to any reprisals for the victim, particularly in relation to their immigration status.
Amendment 220 #
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 victimpersons 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 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
DIRECTIVE 2012/29/EU
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where children report criminal offences, Member States shall additionally 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.
Amendment 230 #
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 300 #
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 g (new)
Article 9a – paragraph 2 - point g (new)
The following subpoint in paragraph 2 is added: (g) (g)new administrative support and free legal aid;
Amendment 324 #
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
Amendment 328 #
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 – paragraph 1 – point f (new)
Article 12 – paragraph 1 – point f (new)
(6b) in Article 12, paragraph 1f (new) is added: 1f) 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;
Amendment 329 #
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 – paragraph 1
Article 12 – paragraph 1
(6d) in Article 12, paragraph 1, the following changes and points are added: (a) the 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; (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; (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 crimin and, if relevant, the possible implications for ongoing legal proceedings; (e) discussions inthe restorative justice processes that are not conducted in public are confidential and are not subsequently is confidential and should not be disclosed, except with the express agreement of the parties or as required by national law due to an overriding public inter; (f) restorative justice providers operate in a neutral way by ensuring that restorative justice is offered through a balanced distribution of independent, offender and victim led organisations following procedural standards on neutrality applicable to the facilitator and the procests.
Amendment 334 #
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 – paragraph 3a (new0)
Article 12 – paragraph 3a (new0)
(6a) in Article 12, paragraph 3a (new) is added: Member States shall facilitate the referral of cases to restorative justice services, including through the establishment of procedures or guidelines on the conditions for such referral;
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b)
Article 1 – paragraph 1 – point 7 – point b)
The following paragraph 2d is inserted () 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.
Amendment 345 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point g (new)
Article 1 – paragraph 1 – point 7 – point g (new)
2012/29/EU
Article 16 - paragraph 2e (new)
Article 16 - paragraph 2e (new)
The following paragraph 2e is inserted (2e) Member States shall ensure that procedures for obtaining access to and enforcing remedies are effective, childsensitive, and readily accessible to children and their representatives, including legal guardians;
Amendment 371 #
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 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 and without prejudice to the victim’s right to assistance, support and information. 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 including specialised services and civil society actors, depending on the stage of the procedure and victims’ individual needs in accordance with the protocols referred to in Article 26a.;
Amendment 382 #
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, gender, age, disability, religion or belief, language, racial, social or ethnic origin, sexual orientation, residence status;
Amendment 434 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a - paragraph 1 - introductory part
Article 26a - 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 and in consultation with civil society organisations. The specific protocols shall aim as a minimum at ensuring that:
Amendment 452 #
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.