7 Amendments of Jan Philipp ALBRECHT related to 2011/0129(COD)
Amendment 34 #
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 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. 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 36 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Environmental damage is not victimless. Environmental crime is difficult to address because it can result in collective or mass victimisation, has a tendency to affect non-conventional victims, and the resulting victimisation is often gradual and silent. Environmental harm and the question of the victims of environmental crime affect not only individual interests but also those of entire communities or groups of people, and includes the need to consider the consequences of today's actions for future generations based on intergenerational responsibility and to recognise that all people, in present and future generations, have the right to live in an environment conducive to their health and wellbeing in accordance with Regulation (EC) No 1367/2006 of 6 September 2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies. Certain procedural environmental rights concerning, inter alia, access to justice can be ensured through the recognition, by this Directive, of the environment and its ecosystems as potential victims of illicit behaviour. ____________ 1. OJ L 264, 5.9.2006, p. 13.
Amendment 37 #
Proposal for a directive
Article 2 – point a – point ii a (new)
Article 2 – point a – point ii a (new)
(iia) the environment which has suffered damage caused by a criminal offence. Member States shall ensure that any group, foundation or association which, according to its statutes under national law, aims to protect the environment can benefit from the rights conferred pursuant to Chapter 3 of this Directive.
Amendment 39 #
Proposal for a directive
Article 3 – introductory part
Article 3 – introductory part
Member States shall ensure that all victims are provided with the following information, without unnecessary delay and in a language that the victim understands, conveyed using child- sensitive communication techniques where appropriate, from their first contact with the authority competent to receive a complaint concerning a criminal offence:
Amendment 46 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall allow non- governmental organisations with a legitimate interest to intervene in criminal proceedings in support of, or on behalf of, the victim or victims, in particular where the criminal offence harms the environment or infringes the public interest by injuring an unspecified number of people.
Amendment 54 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 59 #
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Member States shall ensure the proper application of victims' rights in cases of mass victimisation caused by a criminal offence.