28 Amendments of Kyriacos TRIANTAPHYLLIDES related to 2011/0129(COD)
Amendment 122 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) This Directive should be interpreted and applied in a manner compatible with the rights of other persons, including those suspected or accused of committing a crime. The high level of protection of victims of crimes should not prejudice the rights of the defence, enshrined in Article 48 of the Charter of Fundamental Rights of the European Union. The measures provided in this Directive for the protection of victims should be interpreted strictly and in accordance with the principle of the right to a fair trial as provided for in the Charter of Fundamental Rights of the European Union and interpreted by case-law of the European Court of Human Rights.
Amendment 146 #
Proposal for a directive
Recital 13
Recital 13
(13) Support, whether provided by governmental or non-governmental organisations, should be made available from the moment a crime takes place as well as throughout criminal proceedings and after such proceedings in accordance with the needs of the victim. Support should be provided through a variety of means, without excessive formalities and through a sufficient geographical distribution to allow all victims the opportunity to access such services. Certain groups of victims such as victims of sexual violence, gender, race hate or other bias crimes or victims of terrorismcrimes motivated by discrimination or victims of terrorism, or victims of torture or other cruel, inhuman or degrading treatment or punishment, may require specialist support services due to the particular characteristics of the crime they have fallen victim to.
Amendment 151 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to respond to the specific needs of women victims of gender-based violence, specific support structures are essential. Those structures should be built upon the experience and expertise of the women’s shelter movement, and should reinforce their capacity to develop further their victim support activities.
Amendment 152 #
Proposal for a directive
Recital 14
Recital 14
(14) Although the provision of support should not be dependent on a victim making a complaint of an offence to a competent authority such as the police, such authorities are often best placed to inform victims of the possibility of support. Member States are therefore encouraged to establish appropriate conditions to enable the referral of victims to victim support services, including by ensuring that data protection requirements can be adhered to. In cases of specific types of crimes, such as gender-based violence, referral should be made directly to specialised victim support services in order to avoid stress caused by repeat referral.
Amendment 167 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Gender-based violence refers to violence that is directed against a person because of his or her gender. It is a form of violence that affects women disproportionately and it may be interrelated but is not limited to cases of violence in close relationships, sexual violence (including sexual assault and sexual harassment), sexual trafficking and slavery, intimate relationship violence and other harmful practices such as forced marriages and female genital mutilation. Homophobic and transphobic attacks have also been defined as a form of gender-based violence. Research shows that one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives and more than one-tenth have suffered sexual violence involving the use of force. It is therefore crucial to criminalise all forms of gender-based violence and provide victims with specific prevention and protection measures, and remedies. Women victims of gender-based violence and their children also require special attention and protection because of a high risk of repeat victimisation with this type of crime and due to the severe trauma such a crime causes because it is committed by a person the victim should be able to trust and also because victims cannot rely on support by the partner in overcoming the trauma.
Amendment 176 #
Proposal for a directive
Recital 18
Recital 18
(18) Beyond these categories, but again based on personal characteristics and the crime, any person could be vulnerable. Only through individual assessments, carried out at the earliest opportunity by those in a position to make recommendations on protection measures, can such vulnerabilities be effectively identified. The assessment should in particular take into account, inter alia, age, gender and gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime, the type or nature of the crime such as organised crime, terrorism, or bias crimes and whether the victim is a foreign victim, whether the victim is a foreign victim and whether the victim is a migrant, an asylum seeker or a beneficiary of international protection, in particular a woman whose legal status may depend on that of the alleged offender. Victims of terrorism require particular attention in any assessment given the varying nature of such acts ranging from mass acts of terrorism to targeted terrorism against individuals.
Amendment 228 #
Proposal for a directive
Article 2 – point a – point ii a (new)
Article 2 – point a – point ii a (new)
(iia) minors who are descendants or dependents of the victim that has suffered physical or mental harm caused by an alleged criminal act.
Amendment 251 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Member States shall ensure that victims are provided promptly with the following information, without unnecessary delay, from their first contact with the authority competent to receive a complaint concerning a criminal offence:
Amendment 259 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) to what extent and on what terms they are entitled to receive legal advice, legal aid or any other sort of independent and qualified advice;
Amendment 266 #
Proposal for a directive
Article 3 – point j a (new)
Article 3 – point j a (new)
(ja) how and under which conditions they can obtain protection measures.
Amendment 269 #
Proposal for a directive
Article 3 - paragraph 1 a (new)
Article 3 - paragraph 1 a (new)
The information shall be provided either orally or in writing and in simple and accessible language, taking into account any particular needs of the victim and the relevant circumstances.
Amendment 270 #
Proposal for a directive
Article 3 - paragraph 1b (new)
Article 3 - paragraph 1b (new)
Member States shall ensure that victims who do not understand or speak the language of the Member State concerned, shall be provided with the information referred to in the first paragraph in a language they understand.
Amendment 272 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that victims are promptly notified of their right to receive the following information on their case and that they receive this information where they have expressed such a wish:, unless they have explicitly stated their wish not to receive such information.
Amendment 275 #
Proposal for a directive
Article 4 – paragraph 1 – point a
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, including any sentence;
Amendment 276 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) information enabling the victim to know about the state of affairs of the criminal proceedings instituted as a result of the complaint of a criminal offence made by the victim, unless in exceptional cases the proper handling of the case may be adversely affected;
Amendment 280 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that victims are offered the opportunity to be notified when the person, without unnecessary delay, when the person arrested, remanded in custody, prosecuted or sentenced for offences concerning them is released from or has escaped detention. Victims shall receive this information where they have expressed such a wish. also be informed of any measures taken for the protection of victims such as restraining orders or no- contact orders. Member States shall ensure that victims are provided with effective support and assistance when receiving that information.
Amendment 282 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention. Victims shall receive this information where they have expressed such a wish, unless they have explicitly stated their wish not to receive such information.
Amendment 287 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that victims who state thae right of victims to modify at any moment they do notecision concerning their wish to receive thor not receive information referred to in paragraphs 1 and 2 do not receive that information.
Amendment 290 #
Proposal for a directive
Article 5
Article 5
Member States shall take measures to ensure that victims understand and can be understood during any interaction they have with publiccompetent authorities in criminal proceedings, including where information is provided by such authorities.
Amendment 294 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that victims who do not understand or speak the language of the criminal proceedings concerned are provided if they so wish with interpretation, free of charge, during any interviews or questioning of the victim during criminal proceedings before investigative and judicial authorities, including during police questioning, and interpretation for their participation in court hearings and any necessary interim hearings and during any communication with their legal counsel.
Amendment 306 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Member States shall ensure that a victim who does not understand or speak the language of the criminal proceedings concerned shall receive translations if they so wish, free of charge, of the following information, in a language understood by the victim, to the extent that such information is made available to the victim:
Amendment 309 #
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) information essential to the victim’s exercise of their rights in criminal proceedings in accordance with their needs and their role in those proceedings. Victims or their legal counsels may submit a reasoned request for any other information deemed essential.
Amendment 314 #
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 acting independently and in the interest of the victim from the moment the victims suffer harm, during the criminal proceedings and after their conclusion and regardless of where the crime took place.
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall promotensure the setting up or development of specialist support services, including women's shelters, specialist support services for victims of gender-based violence, victims of violence in close relationships and their family members, in addition to general victim support services.
Amendment 360 #
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the suspected or accused person or offender must have accepted responsibility for this or heir act;
Amendment 404 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The measures referred to in paragraph 1, shall in particular include procedures for the physical protection of victims and their family members, measures to ensure that contact between offenders and victims may be avoided within premises whsuch as emergency barring orders, protection and restraining orders, measures to ensure that contact between offenders and victims and their family members can be avoided from the time of reporting, during and aftere criminal proceedings are conductedand other legal proceedings, and measures to ensure that the risk of psychological or emotional harm to victims during questioning or when testifying is minimised and their safety and dignity are secured.
Amendment 460 #
Proposal for a directive
Article 19
Article 19
Member States shall progressively establish the necessary conditions to enable avoidance of contact between victims and accused or suspected persons, if this is requested by the victim, in any venue where victims may have personal contact with public authorities due to their being a victim and in particular venues where criminal proceedings are conducted, especially in court buildings and police stations.
Amendment 466 #
Proposal for a directive
Article 20 – point c
Article 20 – point c
(c) victims may be accompanied, where appropriate by their legal representative, or, where appropriate, a person of their choice, unless a reasoned decision has been made to the contrary in respect of that person. Where victims are questioned in their capacity of witness of the alleged crime, they shall not be refused the presence of their legal representative.