Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point 1, Article 3a – paragraph 1 – point c: (c) refer victims to relevant services, including general and specialised support services and/or specialised helplines.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 3a – paragraph 2: 2. Member States shall ensure the provision of helplines referred to in paragraph 1 through a telephone helpline connected to the EU harmonised number “116 006” and through other information and communication technologies, including websites and real time support via chat-boxes. The centralisation of helplines through the EU harmonised number shall be done without prejudice to the continuation of pre-existing helplines, especially those run by non-governmental organisations.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 3a –paragraph 2 a (new): 2a. Member States shall ensure that victims of cross-border crime have access to helplines of their choice, including those of other Member States.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 3a – paragraph 3: 3. Member States shall take appropriate measures to ensure the availability of the services referred to in paragraphs 1 and 2 in other languages, including at least the languages most used in the Member State. Member States shall ensure the provision of those services in a language that victims can understand, including by means of telephone interpreting free of charge.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 3a – paragraph 4: 4. Helplines shall be set up and operated by organisations specialised in delivering victim support, either public or non-governmental organisations and may be organised on a professional or voluntary basis.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 3a – paragraph 4 a (new): 4a. Member States shall take the measures necessary to ensure that helplines provide accessible support to victims of high quality, including by ensuring sufficient human and financial support as well as appropriate operating hours. Those helplines shall be operated by specialised and qualified staff.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 1: 1. Member States shall ensure that victims can report acts which may constitute a criminal offence to the competent authorities through free, easily accessible, safe, confidential and user friendly reporting mechanisms, including online reporting mechanisms, using information and communication technologies. Such possibility shall include submission of information and evidence where feasible.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 2: 2. Member States shall take the necessary measures to encourage and enable any person who knows about or suspects, in good faith, that acts which may constitute a criminal offence have been committed, or that further acts of violence are to be expected, to report those offences or acts of violence to the competent authorities through the mechanisms referred to in paragraph 1.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 2 a (new): 2a. Member States shall take the necessary measures to ensure the possibility of third-party reporting mechanism through the mechanisms referred to in paragraph 1.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 2 b (new): 2b. Where a person other than the victim is making a report of an act which may constitute a criminal offence, Member States shall ensure that the competent authorities take adequate measures for the victim’s safety, where necessary.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 3: 3. Member States shall ensure that victims who are deprived of liberty can effectively report acts which may constitute a criminal offence committed in detention facilities. Detention facilities shall include jails, detention centres and holding cells for suspects and accused persons and specialised detention facilities where irregular migrants or applicants of international protection are located.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 3 a (new): 3a. Member States shall ensure that victims whose liberty is restricted can effectively report acts which may constitute a criminal offence committed in accommodation facilities from where they are not permitted to leave at will, such as reception or accommodation facilities, where irregular migrants or applicants and beneficiaries of international protection are located as well as specialised accommodation for person with disabilities, children and elderly people, including mental health and social care institutions, orphanages and retirement homes, and any other form of public or private custodial setting under control of any judicial, administrative, or other public authority, or any private institution from which the victim is not permitted to leave at will.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 4: 4. Where children report acts which may constitute a criminal offence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and use language in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States shall ensure that reporting is not conditional upon that person´s consent and that the measures which are necessary to protect the safety of the child are taken by the competent authorities before the person holding the parental responsibility is informed about the reporting.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 5: 5. In accordance with Article 1 of this Directive, Member States shall take the necessary measures to ensure that victims who are third-country nationals, irrespective of their residence status, are able to report acts which may constitute a criminal offence. With due regard to the fact that reporting an act which may constitute a criminal offence and participating in criminal proceeding under this Directive does not create any rights regarding the residence status of the victim, or have any suspensive effect when determining their residence status, Member States shall ensure that the competent authorities coming in contact with a victim reporting acts which may constitute a criminal offence are prohibited from transferring and using personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the criminal proceeding. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a victim in accordance with Article 6(4) of Directive 2008/115/EC.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 5 a (new): 5a. Member States shall take the measures necessary to ensure that at the moment of reporting acts which may constitute a criminal offence, victims are informed about how their personal data may be processed.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 5 b (new): 5b. Member States shall provide for appropriate mechanisms to report safely and confidentially to the relevant competent authorities or bodies, in accordance with national law, acts committed by public officials when exercising their official duties which may constitute criminal offences.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 a (new) – point a (new), Article 6 – paragraph 1 – introductory part: (2a) Article 6 is amended as follows: / (a) in paragraph 1 the introductory part is replaced by the following: / ‘Member States shall ensure that victims receive without unnecessary delay at least the following information about the criminal proceedings instituted as a result of the complaint with regard to a criminal offence suffered by the victim, unless they express their objection to receiving such information to the competent authorities:’

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 a (new) – point b (new), Article 6 – paragraph 1 – point b a (new): (b) in paragraph 1 the following point is added: / ‘(ba) information on the state of play and significant developments in the criminal proceeding and any decisions taken in criminal proceedings that pertain to the victim directly.’

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 a (new) – point c (new), Article 6 – paragraph 2 – point b a (new): (c) in paragraph 2 the following point is added: / ‘(ba) any decisions taken in criminal proceedings that pertain to the victim directly, at least in relation to those decisions set out in Article 20(1).’

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 a (new) – point d (new), Article 6 – paragraph 5: (d) paragraph (5) is replaced by the following: / ‘5. Member States shall ensure that victims are offered the opportunity to be notified, without unnecessary delay, when the person remanded in custody, prosecuted or sentenced for criminal offences concerning them is released from or has escaped detention, is released under judicial supervision, has been transferred to a different location or accesses prison benefits, reduction of sentences or early termination of the criminal responsibility. Furthermore, Member States shall ensure that victims are informed of any relevant measures issued for their protection in case of release or escape of the offender. Member States shall ensure that this information is provided in a manner minimising the risk of secondary victimisation or psychological harm to the victim.’

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 b (new) – point a (new), Article 7 – paragraph 1: (2b) Article 7 is amended as follows: / (a) paragraph 1 is replaced by the following: / 1. Member States shall ensure that victims who do not understand or speak the language of the proceedings concerned are provided with interpretation free of charge in the framework of such proceedings, including at least during any interviews or questioning of the victim during proceedings before investigative and judicial authorities, including during police questioning, and interpretation for their active participation in court hearings and any necessary interim hearings.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 b (new) – point b (new), Article 7 – paragraph 3: (b) paragraph 3 is replaced by the following: / 3. Member States shall ensure that victims who do not understand or speak the language of the proceedings concerned are provided with translations of information essential to the exercise of their rights in criminal proceedings in a language that they understand, free of charge, to the extent that such information is made available to the victims. Translations of such information shall include at least any decision ending the criminal proceedings related to the criminal offence suffered by the victim, reasons or a brief summary of reasons for such decision, except in the case of a jury decision or a decision where the reasons are confidential in which cases the reasons are not provided as a matter of national law.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 b (new) – point c (new), Article 7 – paragraph 4: (c) paragraph 4 is replaced by the following: / 4. Member States shall ensure that victims who are entitled to information about the time and place of the trial in accordance with Article 6(1)(b) and who do not understand the language of the competent authority, are provided with a translation of the information to which they are entitled, unless they refuse such translation.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 2 b (new) – point d (new), Article 7 – paragraph 6: (d) paragraph 6 is replaced by the following: / 6. Notwithstanding paragraphs 1 and 3, an oral translation or oral summary of essential documents may be provided instead of a written translation on condition that such oral translation or oral summary does not prejudice the fairness of the proceedings, the ability of victims to participate in the proceedings or their ability to exercise their rights.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 3 – point a, Article 8 – paragraph 2: 2. Member States shall ensure that victims are promptly contacted by the relevant general or specialised support services if the individual assessment referred to in Article 22a demonstrates the need for support and if the victim, duly informed of the services that can be provided, consents to be contacted by support services or if the victim requests support.’

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 3 – point a a (new), Article 8 – paragraph 3: (aa) paragraph 3 is amended as follows: / 3. Member States shall take measures to establish free of charge and confidential specialist support services in addition to, or as an integrated part of, general victim support services, or to enable victim support organisations to call on existing specialised entities providing such specialist support. Victims, in accordance with their specific needs, shall have access to such services and family members shall have access in accordance with their specific needs and the degree of harm suffered as a result of the criminal offence committed against the victim. General and specialist victim support services shall operate in a coordinated manner.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 3 – point a b (new), Article 8 – paragraph 3 a (new): (ab) the following paragraph is inserted: / 3a. Member States shall ensure that the communication between victims and professionals providing support services are adequately protected from undue disclosure.

RemovedArticle 1 – paragraph 1 – point 3 – point b – introductory part: (b) the following paragraphs are added:

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 8 – paragraph 6: 6. Victim support services shall remain operational in times of crisis, such as health crises, significant humanitarian situations or other states of emergency;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 8 – paragraph 6 a (new): 6a. Victim support services shall be adequately coordinated and geographically distributed and shall be easily accessible and available, including online or through other adequate means, such as information and communication technologies.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 8 – paragraph 6 b (new): 6b. ‘Member States shall ensure that victim support services, both governmental and non-governmental, are granted sufficient specialised human and financial resources.