Activities of Carmen ROMERO LÓPEZ related to 2011/0129(COD)
Plenary speeches (1)
Minimum standards on the rights, support and protection of victims of crime (debate)
Amendments (30)
Amendment 212 #
Proposal for a directive
Article 1
Article 1
The purpose of this Directive is to ensure that all victims of crime receive appropriate protection and support and are able to participate in criminal proceedings or other judicial proceedings related to the crime and are recognised and treated in a respectful, sensitive and professional manner, without discrimination of any kind, in all contacts with any publiccompetent authority, victim support or restorative justice service or other bodies dealing with victims of crime.
Amendment 239 #
Proposal for a directive
Article 2 – point e
Article 2 – point e
(e) ‘restorative justice services’ means services which have as their objective to bring together the victim and the accused with a view to reaching a voluntary agreement between them on how the harm arising from the offence can be addresfacilitate a process of restoring justice in which the accused is taking responsibility, engaging in reparation, paying damages and compensation which can lead to an out-of-court settlement of the criminal case, if the victim agrees to it and if the reparation conditions are fulfilled by the accused;
Amendment 245 #
Proposal for a directive
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) ‘gender-based violence’ means violence against women which is a form of discrimination according to the Convention on the Elimination of All Forms of Discrimination against Women and is directed against a woman because she is a woman or that affects women disproportionally, or which is directed against a person because of his or her gender or gender identity;
Amendment 249 #
Proposal for a directive
Article 2 – point g b (new)
Article 2 – point g b (new)
(gb) ‘violence in close relationships’ means violence that is committed against a victim by a person who is a current or former spouse or partner or other family member of the victim. Women are affected disproportionally by this type of violence and the crime is aggravated by the fact that they are also often dependent on the accused financially, socially or as regards their right to residence .
Amendment 262 #
Proposal for a directive
Article 3 – point h
Article 3 – point h
(h) if they are resident in another Member State, any special arrangements available to them in order to protect their interests; such as the request of issuing a European protection order.
Amendment 267 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
In addition to the information referred to in the first paragraph, Member States shall ensure that where the victims have suffered major trauma, they are provided with the following information: (a) the extent to which they are entitled to medical care ; (b) the extent to which they are entitled to specialist and adequate support ; (c) how and under what conditions they can obtain assistance with finding suitable alternative accommodation with appropriate security arrangements. (d) how and under what conditions they can obtain protection measures and move within the Union with the same level of protection.
Amendment 271 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that victims are notified, without undue delay, of their right to receive the following information on their case and that they receive this information where they have expressed such a wish:
Amendment 281 #
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 personithout undue delay, when the person arrested, remanded in custody, prosecuted or sentenced for offences concerning them is released from detention. Victims shall receive this information where they have expressed such a wishor has escaped detention, including pre-trial detention. Victims shall also be informed without undue delay of any restraining orders issued by the criminal justice authorities for the protection of victims such as no-contact orders. Member States shall ensure that victims are provided with effective support and assistance when receiving this information. Victims shall receive this information unless the competent authority is aware that notification of release is likely to result in harm to the offender .
Amendment 315 #
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 have access to free of charge, confidential and appropriate 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. Victims with specific needs shall have access to victim support services specialised in the type of crime the victim suffered, in order to get the best quality support.
Amendment 324 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) information on or referral to, as appropriate, specialist servicesdirect referral to specialist services for victims with specific needs in order to avoid victims having to be referred to those services repeatedly and having to report the crime repeatedly;
Amendment 327 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall facilitate the referral of victims, by the authority that received the complaint and other relevant agencies, to victim supportcompetent authority and by other relevant agencies that received the complaint, to victim support services. Repeat referrals shall be avoided and victims with specific needs shall be referred directly to specialised services.
Amendment 339 #
Proposal for a directive
Article 9
Article 9
Member States shall ensure that victims may bare heard during criminal proceedings and mayhave the right to supply evidence.
Amendment 349 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall establish standards totake measures to ensure that the victim has access to safe, competent restorative justice services that safeguard the victim from intimidation or further victimisation, to be applied when providing mediation or other restorative justice services. Such standards shouldmeasures shall as a minimum include the following:
Amendment 353 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) mediation or restorative justice services are used only if they areavailable to all victims of crime who choose to access them in their own interest of the victim, subject to any safety considerations, and based on the victims' free and informed consent; this consent may be withdrawn at any time;
Amendment 356 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) before agreeing to participate in the process, the victim is provided with full and unbiased information about the process and the potential outcomes as well as information about the procedures for supervising the implementation of any agreement;
Amendment 359 #
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 their actoffender must have acknowledged the basic facts of the case;
Amendment 362 #
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) discussions in mediation or other 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.
Amendment 365 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall facilitate the referral of caspromote and facilitate victims' access to mediation or other restorative justice services, including through the establishment of protocolguidelines on the conditions for referral.
Amendment 372 #
Proposal for a directive
Article 12
Article 12
Member States shall ensure that victims have accessthe right, in accordance with procedures in national law, to legal aid, where they have the status of parties to criminal proceedings.
Amendment 385 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. Member States shall ensure that, in the course of criminal proceedings, victims are entitled to obtain a decision on compensation by the offender, within a reasonable time. (Linguistic amendment affecting only the English version of the text)
Amendment 387 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
The first subparagraph shall not apply where national law provides for restitution or compensation to be awarded in another manner. However, victims shall not be referred to civil proceedings in order to claim damages or compensation since that could subject them to re-traumatisation, stress and other unreasonable burdens.
Amendment 389 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take measures to encouraoblige offenders to provide adequate compensation to victims.
Amendment 399 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that measures are available to identify any possible risks of retaliation, intimidation repeat or further victimisation and to protect the safety and dignity of victims and their family members from retaliation, intimidation, repeat or further victimisation, such as interim injunctions or protection and restraining orders from their first contact with a competent authority, during and after the conclusion of criminal and any related legal proceedings.
Amendment 405 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The measures referred to in paragraph 1, shall in particular include measures and 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 where cand their family members may be avoided from the time of the reporting, during and after criminal and other legal proceedings related to the crime, for instance through interim inal proceedings are conducted, andjunctions or protective and restraining orders. Such injunctions and orders are especially important for women victims of partner violence and victims of domestic violence were the victim and the accused live together. The measures shall also include 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 443 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that all vulnerable victims as identified in paragraphs 1, 2 and 3, receive a timely and ithe individual assessments referred to in paragraphs 3 and 4 are carried out in cooperation with the victim at regular stages throughout the criminal proceedings in order to take account of any changes in the risk factors, personal characteristics or circumstances, needs and wishes of victims. Individual assessment,s shall take into accordance with national procedures, to determine which special measures as provided in Articles 21 and 22unt the following factors: (a) the type and nature of crime, the risk factor posed by the accused, the impact on and consequences for the victims, the trauma caused by the crime, the risk of retaliation and repeat victimisation; (b) the personal characteristics of the victim such as age, gender and gender identity, ethnicity, race, religion, sexual orientation, health, disability, legal status, communication difficulties, relationship to or dependence on they should benefit from. Such an assessment shall take into accountuspected or accused person, previous experience of crime; (c) the circumstances of the crime such as whether a person is victimised abroad; (d) the type or nature of the crime such as whether exploitation or physical or sexual violence has been used; (e) the wishes of the vulnerable victims including whethere they do not wish to benefit from specialfic measures.
Amendment 503 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that police, prosecutors and, court staff, lawyers, and any other officials likely to come into contact with victims receive both general and specialist training and guidelines to a level appropriate to their contact with victims to train and sensitise them to the rights and needs of victims and to deal with them in an impartial, respectful and professional and empowering manner.
Amendment 513 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall ensure that members of the judiciary have access to both general and specialist training to sensitise and train them to the rights and needs of victims and to deal with them in an impartial, respectful and professional manner.
Amendment 517 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Member States shall take measures to ensure that those providing victim support and restorative justice services and other agencies coming into contact with victims of crime, such as health agencies 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 and, professional and empowering manner.
Amendment 522 #
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
4. In accordance with the duties involved, and the nature and level of contact the practitioner has with victims, training shall as a minimum include matters relating to the rights of the victims, the impact that crime has on victims, the risks of intimidation, repeat and secondary victimisation and how these can be avoided and the availability and relevance of support to victims.
Amendment 536 #
Proposal for a directive
Article 27
Article 27
Member States shall collect and communicate to the European Commission data related to the application of national procedures on victims of crime by [two years after the date of adoption] at the latest. , including at least the number, type and nature of reported crimes, the gender and age of the victims and the perpetrators, the nationality of the victims, the relationship of the perpetrators to the victims, the geographical location as well as the type of services provided to the victims. Member States shall also provide data on the number of acquittals, the number of convictions, the number of protection orders issued to protect victims and data on the implementation of this Directive.