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Introduction to Victimology and Victims' Rights Van Der Aa, Suzan

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Introduction to Victimology and Victims' Rights Van Der Aa, Suzan Tilburg University Introduction to victimology and victims' rights van der Aa, Suzan Published in: Strengthening judicial cooperation to protect victims of crime Publication date: 2014 Document Version Early version, also known as pre-print Link to publication in Tilburg University Research Portal Citation for published version (APA): van der Aa, S. (2014). Introduction to victimology and victims' rights. In Strengthening judicial cooperation to protect victims of crime: Handbook (pp. 6-12). Superior Council of Magistracy of Romania. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 04. okt. 2021 This publication has been produced with the financial support of the Specific Programme Criminal Justice of the European Union. The contents of this publication are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Commission. SUPERIOR COUNCIL OF MAGISTRACY OF ROMANIA JUST/2012/JPEN/AG/2949 ‘STRENGTHENING JUDICIAL COOPERATION TO PROTECT VICTIMS OF CRIME’ HANDBOOK 2013-2014 The project JUST/2012/JPEN/AG/2949 “Strengthening judicial cooperation to protect victims of crime” was financed within the Specific Criminal Justice Program of the European Union and it was implemented by the Superior Council of Magistracy of Romania, as project coordinator, in partnership with SSR - International Training and Study Centre for the Judiciary (Netherlands), Escuela Judicial - Consejo General del Poder Judicial (Spain), National Institute of Magistracy (Romania), Ministry of Justice (Romania) and National School of Clerks (Romania). The HANDBOOK was elaborated by the team of experts appointed by the project coordinator and partners, as well as with the support of the expert appointed by the Portuguese Association for Victim Support – APAV. 1 Project JUST/2012/JPEN/AG/2949 “Strengthening judicial cooperation to protect victims of crime” financed within the Specific Criminal Justice Program of the European Union TABLE OF CONTENTS I. INTRODUCTION TO VICTIMOLOGY AND VICTIMS’ RIGHTS (Suzan Van der Aa) ................. 6 1. CAUSES OF VICTIMIZATION ................................................................................................ 7 2. NATURE AND EXTENT OF VICTIMIZATION ......................................................................... 8 3. CONSEQUENCES OF VICTIMIZATION .................................................................................. 9 4. REACTIONS TO VICTIMIZATION .......................................................................................... 9 5. VICTIMS’ RIGHTS IN CRIMINAL PROCEEDINGS ............................................................... 10 6. CONCLUSION ..................................................................................................................... 12 II. OVERVIEW OF INTERNATIONAL LEGISLATION ON THE PROTECTION OF CRIME VICTIMS (Tudorel Ștefan)................................................................................................................... 13 1. UNITED NATIONS............................................................................................................... 13 2. COUNCIL OF EUROPE ......................................................................................................... 13 3. EUROPEAN CONVENTION OF HUMAN RIGHTS ................................................................ 14 III. FOCUS ON SPECIFIC VICTIMS’RIGHTS ............................................................................ 17 1. INTRODUCTION (Tudorel Ștefan) ................................................................................... 17 2. RIGHT TO BE UNDERSTOOD AND RIGHT TO INFORMATION (Tudorel Ștefan) .......... 20 Right to understand and to be understood (Article 3 of the EU Directive 29/2012) ....... 20 Right to receive information from the first contact with a competent authority (Article 4 of the EU Directive 29/2012) ............................................................................................ 21 Right of victims when making a complaint (Article 5 of the EU Directive 29/2012) ......... 23 Right to receive information about their case (Article 6 of the EU Directive 29/2012) .... 24 The right to interpreting and translation services (Article 7 of the EU Directive 29/2012) ................................................................................................................................ 26 3. VICTIM SUPPORT SERVICES: RIGHT TO ACCESS AND SERVICES PROVIDED (Ana Castro Sousa/APAV) ................................................................................................................. 28 Direct and indirect victims, revictimization and secondary victimization .......................... 28 The aftermath of a crime: victims’ needs and consequences faced ................................... 29 Europe evolution signs: from Framework to Directive ....................................................... 30 Right to access victim support services (Article 8 of the EU Directive 29/2012) ................ 31 Training of professionals ...................................................................................................... 35 Supporting versus protecting victims of crime .................................................................... 35 Victim Support Europe (VSE) ................................................................................................ 36 Portuguese Association for Victim Support (APAV) ............................................................ 37 Conclusion ............................................................................................................................. 38 4. RIGHT TO BE HEARD (Daniel Motoi) ............................................................................ 39 Introduction .......................................................................................................................... 39 The existing possibilities for the victims of crimes to be heard and to provide evidence in the criminal proceedings within the Member States ...................................................... 40 Conclusions............................................................................................................................ 46 5. RIGHT TO THE DECISION NOT TO PROSECUTE (Article 11 of the EU Directive 29/2012) (Tudorel Ștefan) ........................................................................................................ 47 6. RESTORATIVE JUSTICE. CRIMINAL MEDIATION (Jorge Jimenez Martin) ........................ 48 2 Project JUST/2012/JPEN/AG/2949 “Strengthening judicial cooperation to protect victims of crime” financed within the Specific Criminal Justice Program of the European Union Right to safeguards in the context of restorative justice services (Article 12 of the EU Directive 29/2012) ................................................................................................................ 48 Introduction .......................................................................................................................... 49 Models of criminal justice .................................................................................................... 50 The current crisis of justice ................................................................................................... 51 Concept of restorative justice .............................................................................................. 53 International Instruments – Regulatory Framework ........................................................... 54 The principles of restorative justice ..................................................................................... 57 Criteria and methods for assessing restorative justice programmes ................................. 58 The Spanish experience in restorative justice ..................................................................... 60 Mediation .............................................................................................................................. 62 Introduction. Origin of Mediation ........................................................................................ 62 Concept of mediation ........................................................................................................... 65 Regulation ............................................................................................................................. 67 Types of mediation ............................................................................................................... 70 Characteristics of criminal mediation .................................................................................. 74 Those involved in criminal mediation .................................................................................
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