- I WAS A VICTIM OF CRIME: CONSEQUENCES AND REACTIONS
- THE RIGHTS OF VICTMS OF CRIME
- RIGHT TO INFORMATION
- RIGHT TO RECEIVE ACKNOWLEDGEMENT OF THE COMPLAINT
- RIGHT TO TRANSLATION
- RIGHT TO VICTIM SUPPORT SERVICES
- RIGHT TO BE HEARD
- RIGHTS IN THE EVENT OF A DECISION NOT TO CHARGE THE DEFENDANT
- RIGHT TO INFORMATION AND TO LEGAL PROTECTION
- RIGHT TO COMPENSATION FOR PARTICIPATION AND TO REIMBURSEMENT OF EXPENSES
- RIGHT TO THE RETURN OF PROPERTY
- RIGHT TO COMPENSATION
- RIGHT TO PROTECTION
- RIGHT TO SECURITY: PERSONAL PRECAUTIONARY MEASURES
- RIGHT TO PRIVATE LIFE
- RIGHT TO AVOID CONTACT WITH THE ACCUSED
- RIGHTS OF VICTIMS WITH SPECIFIC PROTECTION NEEDS
- RIGHTS OF VICTIMS RESIDENT IN ANOTHER EU MEMBER STATE
- CRIMINAL COURT PROCEEDINGS
- WHO’S WHO IN CRIMINAL PROCEEDINGS
RIGHTS OF VICTIMS WITH SPECIFIC PROTECTION NEEDS
Victims with specific protection needs are those who, based on their personal characteristics, the type or nature of the crime suffered and/or the circumstances in which the crime occurred, are particularly vulnerable due to the repetitive victimisation, secondary victimisation, intimidation or retaliation.
They require special treatments, especially in regards to protection measures. This vulnerability should be evaluated case by case, however the victims that need great care are those who have suffered considerable damage after the crime, victims of offences caused by discrimination on the basis of their personal traits or those victims whose relation and sense of dependence from their aggressor rendered them weak and defenceless. So special attention should be paid to victims of terrorism, organised crime, human trafficking, gender-based violence, domestic violence, sexual violence and hate crimes. Regardless of the type of crime suffered, children, the elderly and persons suffering from diseases or disabilities should be given special consideration when assessing specific protection needs. Where a particularly vulnerable victim has to be involved in a procedural act, the Public Prosecutor or the judge must ensure that, irrespective of the application of other measures, such act is carried out under the best possible conditions, in order to ensure the spontaneity and sincerity of the answers:
- the testimony phase of the particularly vulnerable victim should take place as soon as possible;
- This request must be made by a qualified professional figure and, when the victim has to be heard more than once, the questions must always be asked by the same professional;
- The questioning of a victim of sexual violence, gender violence or domestic violence, when not executed by a judge or a prosecutor, should be done by a person of the same sex of the victim if they wish to do so;
- Procedural acts should be organised in such a way that the particularly vulnerable witness never encounters certain persons involved in the same trial, especially the accused;
- It is necessary to avoid visual contact between the victim and the accused, that person should be heard using concealment or teleconferencing and his presence in the courtroom is not required in this case;
- The victim will be questioned by the judge, after that, the Public Prosecutor, the plaintiff’s attorney, the defendant’s attorney and the defendant’s attorney may ask for further questions, which will be made by the judge and not directly by them;
- the victim should not be asked questions about their private life that are not related to the crime suffered;
- In some cases, procedural proceedings, including the judgement phase, may be conducted without the presence of the public.