The European Commission published a new Victims Directive this summer. Member States are asked to enable victims to independently challenge decisions that directly affect them during criminal proceedings. This means that the victim is no longer dependent on the Public Prosecution Service. From now on, the damage must also always be dealt with within the criminal process.
Rights of Victims
Victims must be given ‘effective remedies’ in criminal proceedings, the new directive states. For example, the court must take into account dates when victims cannot be present, and sanctions if the rights of victims are violated, such as a penalty or mandatory postponement of a hearing.
Damages
There is another important change: from now on compensation must always be decided within the criminal process. Now in many cases criminal courts refer the damage to the civil court, usually because the damage estimate is seen as too complicated. If it is up to the European Commission, all damage from all criminal cases must from now on be determined within the criminal process.
It is already the case in the Netherlands that the state advances the compensation and then recovers it from the perpetrator. This advance payment scheme will apply throughout Europe. The Central Judicial Collection Agency claims compensation from the perpetrators.
Introduction directive
It will be several years before the new Victims Directive comes into force. European directives must first be approved by the Council of the European Union and the European Parliament. Then it is the turn of national legislators.
More information
At MCJ Advocatuur you are assured of sound advice and information about all forms of personal injury. Have you been the victim of an accident for which someone else is liable, or of a crime that has caused you personal injury? Feel free to contact to discuss the legal side of the matter.