Changes from plenary report to adopted text

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 4 – point -a (new), Article 9 – paragraph 1 – point a: (-a) in paragraph 1, point (a) is replaced by the following: / (a) information, advice and support relevant to the rights of victims including on accessing national compensation schemes for criminal injuries and legal counselling, including possibilities of legal aid, and on their role in criminal proceedings including preparation for attendance at the trial;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 4 – point a, Article 9 –paragraph 1 – point c: (c) emotional and psychological support and, if necessary, a referral to these services once they become aware of a status of a person as a victim. If the special need for psychological support has been demonstrated by individual assessment referred to in Article 22a, psychological support shall be available to victims in need of such support for as long as necessary;

RemovedDirective 2012/29/Eu

RemovedArticle 1 – paragraph 1 – point 4 – point a a (new), Article 9 – paragraph 2: (aa) paragraph 2 is replaced by the following: / 2. Member States shall ensure that victim support services pay particular attention to the personal characteristics of the victim, the type and nature of the crime, the specific needs of victims, particularly those who have suffered considerable harm due to the severity of the crime, or any other circumstances that may require a specific response;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 4 – point b, Article 9 – paragraph 3 – point b: (b) targeted and integrated support, including trauma support and counselling as well as access to comprehensive medical care services, including sexual and reproductive healthcare services, especially access to safe and legal abortion care, for victims with specific needs, such as victims of sexual violence, victims of gender-based violence, including violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council64 [on combating violence against women and domestic violence], victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism and victims of core international crimes;

RemovedArticle 1 – paragraph 1 – point 4 – point c – introductory part: (c) the following paragraphs are added:

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 4 – point c, Article 9 – paragraph 4 a (new): 4a. Member States shall ensure independent evaluation of the quality of the support services referred to in this Article and shall ensure that the services are adapted accordingly. The evaluation shall not place an undue burden on organisations and shall use a clear and transparent evidence-based methodology that is focused on determining the quality of the support services.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 5, Article 9a – paragraph 1: 1. Member States shall take the necessary measures, including sufficient and continuous funding, to ensure the availability of child-friendly targeted and integrated specialist services for children to provide for age-appropriate support and protection necessary to comprehensively address the multitude of needs of child victims, including child witnesses of crime.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 5, Article 9a – paragraph 2 - point c: (c) emotional, psychosocial, educational and psychological support;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 5, Article 9a – paragraph 2 – point ca new: (ca) administrative and legal aid and support;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 5, Article 9a – paragraph 3 a (new): 3a. Member States shall ensure independent evaluation of the quality of the support services referred to in paragraph 2 and shall ensure that the services are adapted accordingly. The evaluation process shall not place an undue burden on organisations and shall use a clear and transparent evidence-based methodology that is focused on determining the quality of the support services.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 6, Article 10a – paragraph 1: Member States shall take the necessary measures to establish professional assistance at the court premises to provide information and practical and emotional support to victims throughout the criminal proceedings;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 6, Article 10b – paragraph 1 – point a: (a) Article 7(1) in relation to decisions on interpretation during court proceedings;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 6, Article 10b – paragraph 1 – point a a (new): (aa) Article 18 in relation to the measures to protect the dignity of victims during questioning and testifying

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 6, Article 10b – paragraph 1 – point a b (new): (ab) Article 19(1)

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 6, Article 10b – paragraph 1 – point b a (new): (ba) Article 24(1), first subparagraph, point (b)

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 6 a (new), Article 13: (6a) Article 13 is replaced by the following: / 1. Member States shall ensure that victims have access to legal aid. The procedural rules under which victims have access to legal aid shall be determined by national law. Member States shall ensure that free legal aid is provided for victims who do not have sufficient means to pay for legal assistance prior to, during and after criminal proceedings. Where a Member State applies a means test to assess eligibility for free legal aid, it shall take into account all relevant and objective factors, such as the income, capital and family situation of the person concerned, the costs of the assistance of a lawyer and the standard of living in that Member State as well as the relationship to and dependence of the offender. / 2. Member States shall ensure that victims with specific protection needs identified by the individual assessment referred to in Article 22 have access to free legal aid. In any case, Member States shall ensure that victims of gender-based violence, terrorism and human trafficking, and minors and victims of abuse and mistreatment with disabilities have access to free legal aid regardless of their financial situation.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 7 – point a, Article 16 – paragraph 1: 1. Member States shall ensure that, in the course of the criminal proceedings, victims are entitled to claim compensation and to obtain a decision on compensation by the offender, within a reasonable time;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 8 – point -a (new), Article 17 – paragraph 1 – introductory part: (-a) in paragraph 1 the introductory part is replaced by the following: / "1. Member States shall ensure that victims can exercise the rights provided under this Directive, irrespective of their Member State of residence. Member States shall ensure that their competent authorities take appropriate measures to minimise the difficulties faced where the victim is a resident of a Member State other than that where the criminal offence was committed, particularly with regard to the organisation of the proceedings. For this purpose, the authorities of the Member State where the criminal offence was committed shall:”

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 8 – point -a a (new), Article 17 – paragraph 1 – point a: (-aa) in paragraph 1, point a is replaced by the following: / "(a) take a statement from the victim immediately after the complaint with regard to the criminal offence is made to the competent authority;”

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 8 – point a, Article 17 – paragraph 1 – point b: (b) have recourse to the extent possible to video conferencing and other distant communication technologies, which allows the transfer of images, to facilitate participation in criminal proceedings of victims who are resident abroad;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 8 a (new), Article 19 – paragraph 1: (8a) in Article 19, paragraph 1 is replaced by the following: / 1. Member States shall establish the necessary conditions to enable avoidance of contact between victims and their family members, and the offender, where necessary or when the victim expresses such a need, within premises where criminal proceedings are conducted, unless the criminal proceedings require such contact. This may include the availability of mobile screens in courtrooms.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 8 b (new), Article 19 – paragraph 2: (8b) In Articles 19, paragraph 2 is replaced by the following: / 2. Member States shall ensure that new court premises have separate waiting areas for victims and shall establish processes for the creation of separate waiting areas in existing court premises.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 8 c(new), Article 19 – paragraph 2 a (new): (8c) In Article 19, the following paragraph is added: / 2a. Member States shall ensure that victims are duly informed about the availability of conditions that enable avoidance of contact with the offender.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 8 d (new), Article 19 a (new): (8d) The following article is inserted: / “Article 19a / Right to protection of the dignity of victims / In order to protect the dignity of victims and their family members, as enshrined in the Charter of Fundamental Rights of the European Union, Member States shall take appropriate measures to protect them from secondary and repeat victimisation, including by preventing the glorification of a specific crime or paying tribute to convicted offenders, when this would result in the deprivation of the dignity of the victims.”

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 9, Article 21 – paragraph 3: 3. Member States shall ensure that personal data concerning a victim or their family members allowing the offender to identify the victim’s place of residence or to otherwise contact the victim in any way is not provided to the offender either directly or indirectly. Other personal data of the victim or their family members shall not be provided to the offender unless it is essential for the effectiveness of the criminal proceedings. Member States shall also ensure that, to the extent that is necessary to protect the privacy of the victim, competent authorities may decide not to publish victims’ personal data included in judgements or decisions.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 10 – point a, Article 22 – title: Individual assessment of victims to identify specific protection needs;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 10 – point b, Article 22 – paragraph 1: 1. Member States shall ensure that victims receive a timely and individual assessment, to identify specific protection needs and to determine whether and to what extent they would benefit from special measures provided for under Articles 18, 23 and 24, due to their particular vulnerability to secondary and repeat victimisation, to intimidation and to retaliation;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 10 – point c, Article 22 – paragraph 1a: 1a. The individual assessment shall be initiated upon the first contact of the victim with the competent authorities, and shall last as long as necessary depending on the specific needs of each victim. Where the result of the initial stage of the individual assessment by the first contact authorities demonstrates the need to continue the assessment, such assessment shall be undertaken in collaboration with the institutions and bodies, including general or specialist victim support services, depending on the stage of the procedure and victims’ individual needs in accordance with the protocols referred to in Article 26a. The assessment shall be conducted by specialised trained professionals, in the best interest of the victim, paying special attention to the avoidance of secondary or repeated victimisation;

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 10 – point c, Article 22 – paragraph 1a a (new): 1aa. Member States shall ensure that the individual needs assessment process is coordinated between competent justice and law enforcement authorities working with victims and responsible for the adoption of protection measures. Member States shall take the measures necessary to ensure cooperation and coordination with other involved services providing support for victims, including public or non-governmental organisations, throughout the individual needs assessment process.

RemovedDirective 2012/29/EU

RemovedArticle 1 – paragraph 1 – point 10 – point d, Article 22 – paragraph 2 – point a: (a) the personal characteristics of the victim, including relevant experiences of discrimination, also when based on intersectional grounds, such as sex, gender, age, disability, resident status, religion or belief, language, racial, social or ethnic origin, gender identity and sexual orientation;

RemovedDirective 2012/29/EU