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Saatja: Lea Meindre-Chautrand | VSE <[email protected]> Saaja: Antonio De Martin | VSE Teema: Re: IMPORTANT - Validation of results ICF Impact Assessment Revision VRD Dear all, It seems that the file didn't go through as attachment as it was too big. You can download the report with this WeTransfer link: https://wetransfer.com/downloads/627fdc8f2a1cfc521d842bbf088db39d20230306111335/7450eeded6d9139113dd84f6e4ea7a5520230306111419/95d9cd<https://wetransfer.com/downloads/627fdc8f2a1cfc521d842bbf088db39d20230306111335/7450eeded6d9139113dd84f6e4ea7a5520230306111419/95d9cd?trk=TRN_TDL_01&utm_campaign=TRN_TDL_01&utm_medium=email&utm_source=sendgrid> Sorry for the inconvenience. Best regards Léa ________________________________ From: Lea Meindre-Chautrand | VSE Sent: 06 March 2023 08:25 Cc: Antonio De Martin | VSE <[email protected]> Subject: IMPORTANT - Validation of results ICF Impact Assessment Revision VRD Dear VSE members, As you know, VSE is working with ICF on the finalisation of the impact assessment study for the revision of the Victims Rights Directive. You were already contacted last year to provide information to the team on the implementation status of the VRD in your country. Based on your answers and further desk research, ICF would be extremely grateful if you could check and validate (or comment on, if necessary) the correctness of the information provided in the tables summarising the presence (or not) of measures in your respective country in the attached document. You are invited to make changes / add comments in the document using the Track Changes option and send us back the document before 15 March 2023. We acknowledge the short timeframe but we would very much appreciate your support in this matter. This exercise should not take you more than 1h as it is just a matter of verifying and validating - or not - the existence of measures. If you do not have an hour to devote to this exercise, we invite you to focus on the tables highlighted in yellow below, which are more important at this stage. Below you'll find the information provided by ICF and in attachment the tables that you are invited to review. If you have any questions do not hesitate to contact me and Antonio in copy of this email. Thanks a lot for your cooperation and kind support on this important file. Kind regards, Léa INFORMATION FROM ICF Attachment – Mapping of measure (existing or not) at Member State level RIGHT TO INFORMATION 1. Availability of coordination mechanisms: Research shows that coordination mechanisms exist in all MS for victims of trafficking. However, for other types of crimes/categories of victims, it is difficult to find information on whether the relevant entities exchange and work in synergy. 2. Specific protocols in place to inform victims in detention or closed institutions about their rights (e.g., detainees or migrants in reception centres) Our research (based solely on online and desk research conducted over 3-4 days) indicates that some countries have protocols or other instruments in place to ensure that victims in detention are informed of their rights. However, we lack sources and/or details of these practices. Note that we are only looking at the situation for detainees in prison and migrants in detention centres. 1. Availability of helplines: check and maybe indicate if things have changed recently, that would be a plus RIGHT TO PROTECTION 1. Individual assessment of victim’s needs: We try here to provide, in the form of a table, an overview of how individual assessments are carried out in the different Member States (timeframe, scope and services involved). It would be particularly useful if µmembers could check and validate/modify if necessary the information reported for their respective countries. 2. Protection orders: this table summarises the impact and scope of protection orders in Member States. RIGHT TO SUPPORT 1. Availability of support services (generic and specialised): verify the information provided regarding the distribution of support services (availability in urban/rural areas, existence of generic services only or generic and specialised services) 2. Specialised support services (in the form of a Barnahus model, for all vulnerable victims – not only child victims) and availability of free psychological support: > Is specialist support available in your country? If so, is it available for all vulnerable victims? Does it take the form of a central contact point (e.g. Barnahus model)? > Is free psychological support available to all victims of crime in your country? ACCESS TO JUSTICE 1. Right to be accompanied by legal/admin assistant throughout the criminal proceedings: check and provide additional details if they wish to. 2. Rights to reimbursement of expenses incurred by participation in criminal proceedings: Here we try to summarise which of the costs that may arise in the course of criminal proceedings are reimbursed (travel costs, costs of medical presence during the investigation; loss of earnings, etc.) and the conditions attached to the right to reimbursement. There are two tables to consult. 3. Advance payment of compensation: confirm/complete the information provided regarding the possibility, in your Member State, to obtain compensation from the State in case the offender is not able to pay what is due to the victim. If this is the case, can this compensation be obtained in advance and can the State recover it later from the offender? Léa Meindre-Chautrand Policy Officer Victim Support Europe Rue Froissart 123-133 1040 Brussels, Belgium T: 0032 (0) 23 46 04 55 https://victim-support.eu<https://victim-support.eu/> Twitter<https://twitter.com/victimsupporteu> | Facebook<http://facebook.com/victimsupporteurope/?fref=ts> | Youtube<http://youtube.com/channel/UC_9O7UnEwxPwnHPf4ywnx0Q> | Instagram<https://www.instagram.com/victimsupport.eu/> [cid:b41b53f3-e4e9-4af8-8332-ee8ace48df73] Be sure not to miss one of Europe's largest events in the field of victims' rights - VSE Annual Conference 2023<https://2023.vse-conference.eu/>! [cid:4b4a0f2e-69d3-4ac5-a16c-ce52613a3f2c] <https://2022.vse-conference.eu/> Saatja: Lea Meindre-Chautrand | VSE <[email protected]> Saadetud: 06.03.2023 09:25 Koopia: Antonio De Martin | VSE <[email protected]> Teema: IMPORTANT - Validation of results ICF Impact Assessment Revision VRD Manused: Outlook-szv1enxw.png; Outlook-oxmkejtq.png; Impact Assessment study_revision VRD - Annex 2 Mapping of measures available in Member States_for review.zip Dear VSE members, As you know, VSE is working with ICF on the finalisation of the impact assessment study for the revision of the Victims Rights Directive. You were already contacted last year to provide information to the team on the implementation status of the VRD in your country. Based on your answers and further desk research, ICF would be extremely grateful if you could check and validate (or comment on, if necessary) the correctness of the information provided in the tables summarising the presence (or not) of measures in your respective country in the attached document. You are invited to make changes / add comments in the document using the Track Changes option and send us back the document before 15 March 2023. We acknowledge the short timeframe but we would very much appreciate your support in this matter. This exercise should not take you more than 1h as it is just a matter of verifying and validating - or not - the existence of measures. If you do not have an hour to devote to this exercise, we invite you to focus on the tables highlighted in yellow below, which are more important at this stage. Below you'll find the information provided by ICF and in attachment the tables that you are invited to review. If you have any questions do not hesitate to contact me and Antonio in copy of this email. Thanks a lot for your cooperation and kind support on this important file. Kind regards, Léa INFORMATION FROM ICF Attachment – Mapping of measure (existing or not) at Member State level RIGHT TO INFORMATION 1. Availability of coordination mechanisms: Research shows that coordination mechanisms exist in all MS for victims of trafficking. However, for other types of crimes/categories of victims, it is difficult to find information on whether the relevant entities exchange and work in synergy. 2. Specific protocols in place to inform victims in detention or closed institutions about their rights (e.g., detainees or migrants in reception centres) Our research (based solely on online and desk research conducted over 3-4 days) indicates that some countries have protocols or other instruments in place to ensure that victims in detention are informed of their rights. However, we lack sources and/or details of these  practices. Note that we are only looking at the situation for detainees in prison and migrants in detention centres. 3. Availability of helplines: check and maybe indicate if things have changed recently, that would be a plus RIGHT TO PROTECTION 4. Individual assessment of victim’s needs: We try here to provide, in the form of a table, an overview of how individual assessments are carried out in the different Member States (timeframe, scope and services involved). It would be particularly useful if µmembers could check and validate/modify if necessary the information reported for their respective countries. 5. Protection orders: this table summarises the impact and scope of protection orders in Member States. RIGHT TO SUPPORT 6. Availability of support services (generic and specialised): verify the information provided regarding the distribution of support services (availability in urban/rural areas, existence of generic services only or generic and specialised services) 7. Specialised support services (in the form of a Barnahus model, for all vulnerable victims – not only child victims) and availability of free psychological support: > Is specialist support available in your country? If so, is it available for all vulnerable victims? Does it take the form of a central contact point (e.g. Barnahus model)? > Is free psychological support available to all victims of crime in your country? ACCESS TO JUSTICE 8. Right to be accompanied by legal/admin assistant throughout the criminal proceedings: check and provide additional details if they wish to. 9. Rights to reimbursement of expenses incurred by participation in criminal proceedings: Here we try to summarise which of the costs that may arise in the course of criminal proceedings are reimbursed (travel costs, costs of medical presence during the investigation; loss of earnings, etc.) and the conditions attached to the right to reimbursement. There are two tables to consult. 10. Advance payment of compensation: confirm/complete the information provided regarding the possibility, in your Member State, to obtain compensation from the State in case the offender is not able to pay what is due to the victim. If this is the case, can this compensation be obtained in advance and can the State recover it later from the offender? Léa Meindre-Chautrand Policy Officer Victim Support Europe Rue Froissart 123-133 1040 Brussels, Belgium T: 0032 (0) 23 46 04 55 https://victim-support.eu Twitter | Facebook | Youtube | Instagram Be sure not to miss one of Europe's largest events in the field of victims' rights - VSE Annual Conference 2023 ! Mapping of measures that may exist in Member States Victims’ right to information Regarding the creation and setting up of coordination mechanisms between law enforcement, prosecution services, judicial authorities and support organisations, all M ember States already have in place some form of coordination mechanisms. However, those are specific for certain categories of victims. Based on the conducted desk research, 25 out of 26 M ember States have in place coordination mechanisms for victims of trafficking of human beings (TH B ). 1 M ember State (SI) provides for a coordinator responsible for victims of trafficking of human beings but not for a proper coordination mechanism. In addition, 1 M ember State (MT) established a coordination mechanism also for victims of sexual offence, child abuse and domestic violence and one other (BG) a coordination mechanism for children at risk of violence. Table REF _Ref116398056 \r \h A2.1.1 below provides an overview. Availability of coordination mechanisms MS Coordination mechanism Sources AT x (for THB victims) https://www.austria.org/human-trafficking BE x (for THB victims) https://pag-asa.be/medias/ressourcepublicationitem/33/file/eng/Fight%20against%20trafficking%20and%20smuggling%20in%20human%20beings.%20Policy%20and%20approach.pdf BG x (for THB victims, for child THB victims, for children at risk of violence) https://www.icmpd.org/file/download/52271/file/NRM_assesment_report_Bulgaria_2017.pdf https://www.kidsprotect.eu/images/pdf/rykovodstvo%20koordinacionen%20mehanizam.pdf CY x (for THB victims) https://home-affairs.ec.europa.eu/policies/internal-security/organised-crime-and-human-trafficking/together-against-trafficking-human-beings/eu-countries/cyprus_en CZ x (for THB victims) https://www.mvcr.cz/mvcren/article/czech-republic.aspx DE x (for THB victims) https://rm.coe.int/cp-2020-10-germany/1680a09ae3 EE x (for THB victims) https://rm.coe.int/greta-2018-6-fgr-est-en/16808b292c EL x (for THB victims) https://rm.coe.int/cp-2020-02-greece/16809eb4db ES x (for THB victims) https://rm.coe.int/greta-2018-7-frg-esp-en/16808b51e0 FI x (for THB victims) https://rm.coe.int/report-concerning-the-implementation-of-the-council-of-europe-conventi/168094c77b FR x (for THB victims) https://rm.coe.int/evaluation-report-france-third-evaluation-round/1680a5b6cb HR x (for THB victims) https://rm.coe.int/report-on-the-implementation-of-the-council-of-europe-convention-on-ac/1680a09509 HU x (for THB victims) https://rm.coe.int/greta-evaluation-report-on-hungary-2nd-evaluation-round-/168098f118 IE x (for THB victims) https://rm.coe.int/reply-from-ireland-to-the-questionnaire-on-the-implementation-of-the-c/1680a4c35c IT x (for THB victims) https://rm.coe.int/greta-2018-28-fgr-ita/168091f627 LT x (for THB victims) https://rm.coe.int/greta-2019-08-fgr-lithuania-en/1680950076 LU x (for THB victims) https://rm.coe.int/greta-2018-18-frg-lux-en/16808ee46c LV x (for THB victims) https://rm.coe.int/greta-implementation-report-third-evaluation-round-on-latvia/1680a59480 MT x (for THB victims, for sexual offence victims, for child abuse victims and domestic violence victims) https://rm.coe.int/greta-evaluation-report-on-malta-3rd-evaluation-round-/1680a47d84 NL x (for THB victims) https://rm.coe.int/greta-2018-19-fgr-nld-en/16808e70ca PL x (for THB victims) https://rm.coe.int/report-concerning-the-implementation-of-the-council-of-europe-conventi/1680a538f3 PT x (for THB victims) https://rm.coe.int/greta-evaluation-report-on-portugal-3rd-evaluation-round/1680a6e00c RO x (for THB victims) https://rm.coe.int/evaluation-report-on-the-implementation-of-the-council-of-europe-conve/1680a2b0f8 SE x (for THB victims) https://rm.coe.int/greta-2018-8-fgr-swe-en/16808b1cd7 SI N/A (a coordinator responsible for THB victims but no mechanism) https://rm.coe.int/greta-2017-38-fgr-svn-en/168078919e SK x (for THB victims) https://rm.coe.int/greta-2020-05-fgr-svk-en/16809eb53d Availability of specific protocols on the provision of information for victims in detention or other closed institutions Concerning the existence of protocols for information sharing for victims in detention or other closed institutions , based on desk research we analysed the situation for three groups of victims: victims in detention facilities, victims in migrants’ reception centres, and victims in nursing homes or other long-term care facilities. Regarding victims in detention facilities, only 1 MS (AT) already has in place protocols for information sharing for victims in detention about their rights as victims. 10 MS have in place protocols or other instruments to ensure information sharing with detainees about their rights and obligations as detainees. Such protocols may include references to detainees’ venues of redress in case they become victims of crime while in detention, but do not address the situation of victims as such. No relevant data have been found concerning the remaining 15 MS. Regarding victims in migrants’ reception centres, only 1 MS has in place protocols or other instruments for information sharing for migrants victim of crimes in reception centres. 17 MS have in place protocols or other instruments for information sharing for migrants with special needs (including migrants victim of THB, t orture, rape or other serious forms of psychological, physical or sexual violence ). 9 MS do not have in place established mechanisms to assess migrants’ special needs, including those deriving from being victims of THB, t orture, rape or other serious forms of psychological, physical or sexual violence . In addition, 18 MS have in place protocols or other instruments for information sharing for migrants on their rights and obligations in the reception centre. 2 MS do not have in place protocols or other instruments for information sharing for migrants on their rights and obligations in the reception centre. No data were found concerning the remaining 7 MS. Finally, concerning protocols or other instruments for information sharing with victims in nursing homes or long-term care facilities, no data were found on MS having in place such protocols or instruments. With regard to the existence of legal systems of protection on violence against older people, 3 MS provides for specific legal instruments of protection. 8 MS apply the general system of protection of victims of crime also to older people becoming victims of crime while in nursing homes or long-term care facilities. No data were found concerning the remaining 15 MS. Specific protocols in place to inform victims in detention about their rights Specific protocols in place to inform migrants in reception centres about their rights as victims Sources: Protocols/Other instruments for information sharing for victims in detention Protocols/Other instruments for information sharing for detainees Protocols/Other instruments for information sharing for victims in reception centres Protocols/Other instruments for information sharing for migrants with special needs + mechanism in place for special needs assessment (SNA) Protocols/Other instruments for information sharing for migrants No protocols/other instruments for information sharing in place AT x x AVOW-National-Report- Austria_final _ (inpea.net); https://www.refworld.org.es/pdfid/55f7f2494.pdf BE x x x https://www.amnesty.be/IMG/pdf/20201116_rapport_belgique_mr_mrs-3.pdf BG x x CY x x CZ x x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf DE x x EE x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf EL x x https://www.es.amnesty.org/en-que-estamos/noticias/noticia/articulo/madrid-cataluna-las-personas-mayores-en-residencias-han-sufrido-desde-marzo-cinco-violaciones-de-derechos-humanos-y-ahora-podrian-volver-a-sufrir-algunas-de-ellas/ ES x FI x FR x x x HR x x HU x x IE x x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf IT x x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf; https://d21zrvtkxtd6ae.cloudfront.net/public/uploads/2020/12/report-rsa-anziani-.pdf LT x LU x LV x MT x NL x x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf PL x x x x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf PT x RO x x x SE x x x SI x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf SK x https://www.aanpak-ouderenmishandeling.nl/doc/Elder-Abuse-in-Europe.pdf Availability of helplines for victims MS Helplines for all victims Helplines for specific categories of victims 116016 number available AT x x x BE x BG x CY x CZ x x x DE x x x EE x x x EL x ES x FI x x x FR x x x HR x x x HU x x IE x x x IT x LT x x LU x LV x x x MT x x NL x x PL x PT x x x RO x x SE x x x SI x SK x x Source : FRA https://fra.europa.eu/en/content/helplines-victims (2014) and EIGE https://eige.europa.eu/sites/default/files/helplines_web_final_updated_14_05_20.png (May 2020) Availability of mechanism through which victims are proactively informed by victim support organisations Concerning the existence of mechanisms through which victims are proactively by victim support organisations, 5 Member States (AT, BG, DE, RO, SE) have partial mechanisms in place. In one State (AT), the Intervention Centre for Trafficked Women (LEFO-IBF) and the Victim Support Centre for Men Affected by Human Trafficking (MEN VIA) are mandated by the Ministry of Justice on the basis of section 66 of the Code of Criminal Procedure to legally advise and offer psychosocial support to victims during investigations and court proceedings , while in another State (DE) the Weisser Ring victim support organisation provides free of charge support to victims proactively . In addition, between 4 MS (BG, DE, RO, SE) a referral mechanism for crime victims in national and cross-border cases exists, which promotes methods and tools through which victims are informed about their rights . No data were found on the remaining 21 Member States. Protection of victims Individual assessment of protection and support needs Policy option II.1 requires Member States to ensure that the individual assessment of victims’ protection needs is improved by adding the following elements: assessment is carried out at the first contact with the competent authorities. with the involvement of support services, law enforcement and the judiciary. focuses also on the evaluation of the risks emanating from the perpetrator (such as alcohol abuse or possession of weapons); and includes the assessment of individual needs for support. Concerning the timing of the assessment , 11 MS have measures in place to ensure the assessment is carried out at the first contact with the competent authorities. 7 MS have some measures in place: most of them provides for the obligation for the competent authorities to conduct an individual needs assessment, but in practice it is rarely carried out, or the law provides for a vague wording (“in a timely manner”) or it applies only to certain categories of victims. 8 MS do not have measures in place to ensure the individual needs assessment is carried out at the first contact with the competent authorities. Concerning the involvement of support services, law enforcement and the judiciary , 6 MS have measures in place to ensure such involvement. 7 MS have some measures in place. 13 MS do not have in place measures to ensure the involvement of all relevant actors. About the inclusion in the needs assessment of an evaluation of the risks emanating from the perpetrator , 11 MS already take into consideration such risks in the individual needs assessment. 4 MS include such assessment in certain cases, notably for crimes against children and domestic violence, indirectly in assessing the victim’s risk to repeated victimisation, intimidation, or retaliation, or depending on the requested protection measure. Finally, regarding the assessment of individual needs for support, 7 MS already assess the victim’s needs for support when they assess the victim’s protection needs. 6 MS includes such assessment to a limited extent. 13 MS do not provide for the assessment of support need s . Assessment is carried out at the first contact with the competent authorities With the involvement of support services, law enforcement and the judiciary. Focuses also on the evaluation of the risks emanating from the perpetrator (such as alcohol abuse or possession of weapons) Includes the assessment of individual needs for support. AT X Limited (No specific guideline or regulation for the assessment of specific protection needs; the assessment can be reviewed at a later stage) X BE Limited (protocols are in place but victim support workers have the impression that the assessment is not carried out in a structural way) Limited (unstructured, depends on the assessment performed by the justice assistant assigned to the case) Limited (crimes against children and domestic violence) X BG CY Limited (only reference to conduct it in a timely manner) X Limited (crimes against children and domestic violence) Limited (crimes against children and domestic violence) CZ DE X Limited (may vary from one Land to another, e.g. in Lower Saxony, some prosecutor's offices host bureaus of victim support organisations) Limited (psychosocial support can be provided but unclear when its need is assessed) EE X X (indirectly, the purpose of an individual assessment is to guarantee necessary services in a timely manner for the victims who need it, as well as special measures and protection) EL X ES Limited (practice may differ greatly from the theory) X X FI X FR X Limited (victim support organizations are involved only if prosecutor considers it necessary and as a second step of the assessment) X Limited (individual needs assessment mainly covers protection needs but can extend also to other services needs) HR X X X Limited (indirect, the needs assessment takes into consideration individual characteristics such as the age of the victim, possible pregnancy or recent birth, disability, communication difficulties (speech, reading or writing), health status, alcohol or narcotic addiction) HU X X X IE X Limited (indirect, assessment covers evaluation of whether the victim is vulnerable to repeat victimisation, intimidation or retaliation) X IT Limited (law enforcement and judiciary) X X LT X X X LU Limited (practice may differ greatly from the theory) LV Limited (victims of certain crimes are automatically considered as vulnerable and in need of special protection) MT Limited (practice may differ greatly from the theory) In progress (discussions were ongoing on a multidisciplinary approach during the drafting of VOCIARE report. Informal mechanism of cooperation with NGOs in cases of domestic violence and victims of trafficking) NL X X X PL X X PT Limited (practice may differ greatly from the theory) Limited (elements such as victim’s age, health status and disability. However, other possibly relevant characteristics, such as gender, gender identity or gender expression, residency status, communication difficulties and relationship with the offender, are left out) RO Limited (depends on the requested protection measure, e.g. in case of domestic violence) SE X X X SI Limited (depends on whether the social worker assigned to the case decides to rely on the multidisciplinary team providing additional services beyond protection measures) SK Limited (authorities and support organisations are obliged to perform a needs assessment, but it is unclear whether it is conducted in a coordinated manner) X Sources: VOCIARE Reports. Protection orders P rotection orders are available at national level for all crime victims Specific provisions on shelters and interim accommodations are existent AT x (criminal law) C ivil law POs only relate to domestic violence and stalking , while criminal law POs are primarily aimed at rehabilitating the offender/suspect rather than at protecting the victim . x BE x (criminal law + civil law) Civil law POs are limited to restraining orders through preliminary injunctions and their violations does not lead to criminal charges. Criminal law POs can be adopted at all stages of the proceedings. BG x (criminal law) Civil law protection orders only relate to domestic violence and divorce proceedings. Criminal law protection orders are usually adopted in the pre-trial phase as coercive measures, while post-trial orders mainly have a probationary purpose. x for victims of trafficking in human beings CY Civil protection order can be requested in relation to divorce or dissolution of marriage proceedings. Within criminal law, protection orders can be issued when a suspect has been charged or sentenced for acts of domestic violence. These protection orders can then take the form of an additional or alternative measure to the sanction. CZ x (criminal law + civil law) Protection orders within criminal proceedings are mainly temporary measures issued in the pre-trial stage while civil law allows for interlocutory orders for a period of 1 month. x DE x (criminal law + civil law) Civil law POs represent the main form of POs, they can be issued at the request of the victim through an accelerated procedure. Criminal POs can also be imposed in criminal proceedings, as conditions to a suspended prison sentence and to an early release from prison. They can also be imposed as security measures . X (partially) EE x (criminal law + civil law) Civil law protection orders consist in measures for securing action or measures for the protection of individual rights. Criminal law POs may be imposed for the protection of the private life or other individual rights of a victim, as a means of securing criminal proceedings. EL x ( criminal law + civil law ) Within civil law, Temporary Orders and Injunction Orders in cases of emergency ‘if someone’s personality is violated’ in order to avoid future risk or danger. Within criminal law, protection orders can be found in the form of a condition to avoid pre-trial detention. Post-trial POs are rare. Dedicated POs exist both under criminal and civil law against specific crimes. x ES - POs only exist in relation to domestic violence and gender-based violence. x FI - Civil protection orders, in the form of civil injunctions, are used in practice in cases of domestic violence. Quasi-criminal protection orders are most commonly used in cases of domestic violence. These orders can be obtained through a separate (quasi-criminal) trajectory before the district courts, independent of criminal proceedings. x FR x (criminal law) Civil POs can only be issued in cases of domestic violence involving only (former) spouses or registered partners. Criminal POs can be issued as a condition to suspension of pre-trial detention or as a condition to a suspended sentence , mainly as a form of sanctioning. HR x (criminal law + civil law) x HU x (criminal law) Criminal POs can be issued in the form of barring orders as a coercive measure, or as a criminal law behaviour rule that the perpetrator is obliged to observe as part of probation. Criminal POs are mainly used in the pre-trial phase. Civil law POs also exist and can be issued ex officio by the court or upon request of the victim or the victim’s family, but it is limited to certain victims. IE x (criminal law) Civil law POs are dedicated to domestic violence. Criminal POs can be requested by the police to limit movement and as a condition to suspension form pre-trial detention. x IT x (criminal law) Civil law POs are dedicated to victims of domestic violence and stalking. Criminal law POs are normally attached to pre-trial measures. Post-trial POs are very scarcely used. LT x (criminal law) Within civil law, protection orders can be issued as provisional measures pending the outcome of proceedings such as divorce and marriage dissolution . Criminal law POs can be issued in both the pre-trial and post-trial stage . x LU x ( civil law ) Civil law POs may be in the form of general injunctions or specific against domestic violence. Criminal law POs only exist in relation to certain categories of crimes (domestic violence, assault and battery or trafficking of human beings). x LV X (criminal law + civil law ) Civil law POs were introduced in 2014 in the form of emergency POs and special civil procedures for victims seeking protection. Criminal POs exist but they can only be issued after an indictment (i.e., post-trial phase), normally as part of probationary measures or suspended sentence. MT x (criminal law) Civil law POs can only be issued in separation proceedings when there is evidence of domestic violence. Criminal law POs can be issued during or after the proceeding. NL x (criminal law ) Civil law has only one possibility to impose a PO, namely via interlocutory proceedings , but it is very rarely use. Criminal law POs can be issued during all stages of the criminal procedure: both pre-trial, during trial and post-trial . x (domestic violence) PL x (criminal law) Civil law POs can be issued in cases of divorce or separation. Criminal law POs are related to situation of threat or violence and impost almost exclusively within criminal proceedings. x PT x (criminal law) Criminal law POs are generally imposed as coercive measures, but they can also be issued as conditions to suspended pre-trial detention, provisional suspension of proceedings, suspended sentence and conditional release. In cases of domestic violence, they may also represent an accessory penalty. RO - Civil law POs are only possible in relation to domestic violence cases. Criminal law POs are only available in cases of acts of violence against family members. SE x (criminal law) Civil law POs can be issued in relation to divorce or separation cases. Quasi-criminal POs exist and can be obtained through a quasi-criminal procedure with the aim of preventing crimes. SI x (criminal law) Civil law POs are only possible in relation to domestic violence cases. Criminal law POs can be issued to protect victims of all sorts of crimes. SK x ( mainly civil law) Civil law POs can be issued via interlocutory proceedings and cease to be in effect if the victim does not file a petition to commence proceedings on the merit within the deadline. Criminal law POs may be issued in the post-trial phase as part of probationary supervision. Pre-trial POs do not exist. x Sources: DAPHNE (2015). Mapping the legislation and assessing the impact of Protection Orders in the European Member States Support to victims Section A2.3 presents an overview of the different systems of support for victims of crime available in EU MS. Table A2.3.1 presents the availability of support services in urban and rural areas in EU Member States. Table A2.3.2 focuses on the design of such support services and whether they are organised in the form of a central contact point or according to the Barnahus model for vulnerable victims. It also presents an overview of the availability of free psychological support for all victims in need. Table A2.3.3 presents the availability of specialist support services for child victims in the form of the Barnahus model and through a coordinated approach among competent authorities. Availability of support services Generic VSS available in urban and rural areas Generic VSS not sufficiently available in rural areas Specialised VSS available in urban and rural areas Specialised VSS not sufficiently available in rural areas Geographical scope AT x x Nine branches and 14 offices at regional level BE x x Each Office of the Public Prosecutor has a victim reception service which employs ‘judicial assistants’ in order to support victims through the courts and the public prosecution. + regional and community level VSS BG x x CY x x CZ x x The Probation and Mediation Service during criminal proceedings + National level NGO VSS DE Weisser Ring: 420 local contact centres across Germany (volunteer-work based, 3000 volunteers). Opferhilfe : Branches in Berlin, Hamburg, Lower Saxony, Saxony, Mecklenburg Western Pomerania and Hesse (charity). EE x x Victim Support Department within the Social Insurance Board (NGO): regional offices providing for support and information. Union of Support to Victims of Crime “Victim Support” - online victim support. EL x x ES x x Offices for Support to Victims of Crimes: Regional governments in Andalusia, Basque Country, Catalonia and Madrid. FI FR x x The National Institute for Victims and Mediation: 150 member associations HR x x Victim and witness support: There are seven county courts, each with a victim support department: Zagreb, Split, Rijeka, Osijek, Zadar, Vukovar , Sisak . HU x x IE Various non governmental victim support organisations: 11 branches nationwide + 5 branches nationwide. IT x x Waisser rank (NGO) + Services for victims (Le service d’aide aux victimes, SAV) LT x x LU x x LV MT x x Victim Support Malta NL Victim Support Netherlands: around 85 offices and service points with a head office is in Utrecht. PL x x Support Network for Victims of Crimes: 16 regional centers . PT Portuguese Association for Victim Support: 15 offices located throughout the country. RO x x SE x x Victim Support Sweden: about 100 local victim service centres in Sweden. SI x x SK x x Help to Violence Victims: Seven regional advisory offices in Bratislava, Trnava , Nitra, Trenčín , Banská Bystrica , Prešov and Košice . Sources: https://e-justice.europa.eu/171/EN/victims__rights__by_country , Online survey conducted as part of the VRD IA Availability of specialist support services for all vulnerable victims through a central contact point or in the form of the Barnahus model and free psychological support for all victims in need The new policy option has been divided into two parts: a first part on the existence and availability of specialist support services for victims (possibly in the form of the Barnahus model) and a second part on the availability of psychological services for victims. With regard to the availability of specialist support services, all Member States have in place systems making specialist support services available to all victims. In 3 MS, such specialist support services depends on the crime. 21 out of 26 MS also have in place specialist support services dedicated to all vulnerable victims. 4 MS have in place specialist support services for only certain groups of vulnerable victims, whereas for 1 MS no data were found. Only 1 MS provides such specialist support in the form of the Barnahus model, while 3 MS provides for a central contact point to coordinate different providers of specialist support. In addition, 8 MS have in place Barnahus -like models of support, although dedicated to specific groups of victims. Concerning the availability of psychological services for all victims needing them free of charge, 12 MS offer such services for all victims of crime. 2 MS attach additional conditions to the availability of such services free of charge. Specialist support available Specialist support available for all vulnerable victims Specialist support services available for all vulnerable victims in the form of a central contact point or the Barnahus model Good practices on Barnahus -like systems for specific groups of victims Free psychological support for all victims of crime AT x x BE x x x BG x x offered to victims of crime only if they meet the financial conditions and can demonstrate low income CY x x (women victim of domestic violence, child victim of sexual abuse, victims of THB) CZ x x Central contact point but not Barnahus DE x x Central contact point but not Barnahus child and youth hospital at the university clinic of Leipzig (children) EE x x EL x (sector-specific) x (women victim of violence, victims of torture, maltreatment and social exclusion, refugees) Free for victims of VAW, minor victims, and individuals, families and vulnerable groups, that face acute psychosocial conditions or social exclusion, as well as in cases of natural disasters or accidents with mass casualties ES x x x Crime Victim Support Offices: free, public multidisciplinary service to address victims’ needs, run by the Ministry of Justice x FI x x Shelters for victims of domestic violence x FR x (sector-specific) x x HR x (sector-specific) x Zagreb Child and Youth Protection Center (children) x HU x x x IE x x Barnahus in Galway (children) IT x x x LT x (women victim of THB, forced prostitution and domestic violence, child victims, refugees) LU x (women in distress and/or victim of domestic violence, child victims) Foundation Centre Dardedze - crisis centre (children) x LV x x MT x x NL x x Central contact point but not Barnahus Child and Youth Trauma Centre (KJTC) (children) PL x x x PT x Unclear RO x x x SE x x Swedish Barnahus in Linköping (children) + 23 Barnahus (children) around the country x SI x x Children's House in Ljubljana (children) SK x x x Source: e-Justice portal. See also footnotes for each jurisdiction Availability of support services in the form of the Barnahus model for all child victims With regard to the availability of specialist support services in the form of the Barnahus model, data were found concerning 20 MS. Out of those, 11 MS already ensure such availability, while 9 MS ensure limited availability of specialist support services in the form of the Barnahus model. Regarding the existence of coordination at the national level of support services, law enforcement and judicial authorities, data were found concerning 8 MS. 5 MS have coordination mechanisms in place, while 3 MS ensure some level of coordination among some of the abovementioned actors. Finally, about the provision of age-appropriate support and protection necessary to comprehensively address the needs, no data were found to assess the provision of such support in MS. Limited availability of specialist support services in the form of Barnahus Availability of specialist support services in the form of Barnahus Limited coordination at national level of support services, law enforcement and judicial authorities Coordination at national level of support services, law enforcement and judicial authorities AT BE x (only for some victims, i.e., child abuse, neglect or sexual abuse) BG x (child-friendly interviewing facilities in facilities with a wide range of services like shelter, emotional support, questioning and therapy) Police services and social services CY x (only for some victims) police, social services, medical and mental health services CZ DE x (Children below 18 years that are victims of crimes directed towards the child’s life, health, freedom or peace; honour-related crimes, female genital mutilation and children who are witnesses of violence; children who sexually abuse other children, when appropriate) EE x (present in some urban spaces only) EL ES x (only for some victims) FI x ( suspicion of physical and/or sexual abuse of children and adolescents under 18 years of age) Build up interprofessional cooperation (police, prosecutor, forensic psychology units, child welfare, somatic and psychiatric medical care, schools, early childhood education and care, child health clinics). Develop coordination and content of support and treatment needed by children and families who have experienced violence; ensure child - friendly encounters and facilities for all children heard in a legal context. FR HR x (one center in Zagreb; not covering the full spectrum of services as under Barnahus ) Strong cooperation between institutions within the child protection system (which includes the nongovernmental sector). Weaker cooperation with justice system HU x IE x IT LT x (only fo r some victims, i.e., sexual abuse and sexual exploitation) coordinated inter-agency cooperation for the following services: psychological, social, legal and medical LU x LV x (from January 2023) MT x NL x ( Barnahus -like Multidisciplinary Center on Child Maltreatment - not located in all provinces) Inter-sectoral team, consisting of specialists in medical care (paediatrician), the judicial system (police officer, sometimes prosecutor), the childcare system (including safe at home workers, therapists and so on) and the adult and forensic psychiatry. PL x PT x RO x SE x (children below 18 years that are victims of crimes directed towards the child’s life, health, freedom or peace; also honour-related crimes, female genital mutilation and children who are witnesses of violence; children who sexually abuse other children, when appropriate.) Collaboration and coordination of specific parallel cases of criminal investigation and a child welfare investigation through consultation meetings and co - hearings of child investigative interviews. Inclusion of healthcare and forensic medicine in the organization varies. SI x (only for some victims of crime) SK National Coordination Centre for Resolving the Issues of Violence against Children - the Centre cooperates with ministries, regional and local self-government, non-governmental organisations, other institutions and experts in the field. Access to justice Right for victims to be accompanied by a legal/administrative assistance throughout the criminal proceedings, irrespective of whether or not the victim is a formal party to the criminal proceedings, including assistance from a victims’ support organisation. A right to be accompanied by a legal/administrative assistance throughout the criminal proceedings exists for all victims of crime Limitations to this right AT x BE x Bureaucratic procedures are indicated as an obstacle to the full enjoyment of the right. BG This right is restricted only to the victim’s lawyer. CY x CZ x DE x EE x This right is restricted only to the victim’s lawyer. EL x ES x FI x FR x HR x HU x IE x Partially implemented right IT LT x This right is restricted only to the victim’s lawyer. LU x This right is restricted only to the victim’s lawyer. Bureaucratic procedures are indicated as an obstacle to the full enjoyment of the right. LV x MT x NL x PL x This right is restricted only to the victim’s lawyer. PT x RO SE x SI x Only one person may accompany the victim, whether it is a lawyer or another person of trust. Bureaucratic procedures are indicated as an obstacle to the full enjoyment of the right. SK x Source : Vociare Report, VRD Evaluation , Online survey conducted as part of the VRD IA Right for victims to challenge decisions concerning their rights in the course of the criminal proceedings (legal remedies). Victims have adequate rights to challenge decisions concerning their rights in the course of the criminal proceedings (legal remedies). Victims have less adequate rights to challenge decisions concerning their rights in the course of the criminal proceedings (legal remedies). What is considered to be less adequate rights ? AT x BE x No possibilities to review a decision not to prosecute of the crown prosecution + it is dependent on the victims’ role as injured party. BG x CY CZ x DE x The joint plaintiff cannot challenge the verdict with the aim of having a higher sentence or otherwise a different legal consequence imposed on the defendant. Against judicial decisions by which the victim is adversely affected in the course of the proceedings, there is in part the right of appeal under Art. 304 CCP (e.g.: if the court refuses to allow access to the file after the investigation has been completed or if the court rejects the application of a witness) " EE x EL x ES x FI x FR x A victim can join criminal proceedings as a civil party (not considered formal parties to criminal proceedings). This can occur at any stage during a judicial investigation or trial (up to the close of arguments). Because victims are not formal parties to criminal proceedings, they cannot appeal against the verdict or sentence. HR x HU x Time limits for filing the request for a review of a decision not to prosecute may be quite prohibitive. IE x When the decision was carried out by an Irish public prosecutor, the review is carried out by another lawyer inside the same structure. IT x LT x Time limits for filing the request for a review of a decision not to prosecute may be quite prohibitive. LU x Some decisions can be reviewed (e.g. decision to close the file), others cannot. LV x Time limits for filing the request for a review of a decision not to prosecute may be quite prohibitive. MT x It is only possible to challenge a decision not to prosecute through a procedure where one is able to complain about law enforcement, on the basis that the case was not handled in the proper manner. NL x A victim can join criminal proceedings but are not considered as formal parties to the criminal proceedings and cannot appeal against the verdict or sentence. Nonetheless, victims that join criminal proceedings as injured parties can claim compensation. PL x PT x RO x Time limits for filing the request for a review of a decision not to prosecute may be quite prohibitive. SE x It is dependent on the victims’ role as injured party. SI SK x Time limits for filing the request for a review of a decision not to prosecute may be quite prohibitive. Victims cannot challenge decisions in criminal proceedings in respect of guilt of perpetrator. Source : Vociare report; Online survey conducted as part of the VRD IA Victim’s possibility to participate as party to the criminal proceeding Possibility to participate as a formal party to criminal proceedings No possibility to participate as a formal party to criminal proceedings Rights that the victim has in line with its participation to the criminal proceedings AT x You have the right to examine the files. Access may be denied or limited only if the inspection of files could endanger the investigation or influence your testimony as a witness. BE x appeal if the court dismisses your claim for damages or if you consider that the compensation awarded is too small. A victim can opt for the status of injured person or constitute himself as a civil party. BG x If you decide to participate as an additional private prosecutor (2) and/or civil claimant (1) you will have a number of additional rights: -to have a lawyer present (not obligatorily), generally at your own expense, unless you prove you cannot pay for his/her services; -to ask for the exclusion of any judge, the prosecutor, the lawyers or the registrar, the experts and the interpreters, if you have justified reasons to doubt their impartiality; -to present material evidence, call witnesses, request expert opinions, etc.; -to be present at inspections performed by the court; -to request the performance of new investigative actions; -to make statements, requests, remarks and objections, examine and cross-examine the defendant and the witnesses and object against the interview of specific witnesses; -to request the court to order the offender to cover your expenses if the case ends with a conviction; -to appeal against the decisions of the court, including the verdict and the penalty. CY x CZ x Victims and other aggrieved persons attend the criminal proceedings. DE x The German Code of Criminal Procedure (CCP) indicates that victims of certain crimes, partially under further conditions are granted to join the proceedings as a private accessory prosecutor (also called: joint plaintiff), giving them special rights. Other Victims are not a formal party, but all victims are granted rights in the criminal proceeding e.g. the right to inspect the files. EE x You are entitled to examine the court files in the prosecutor’s office after the preliminary investigation is completed or when the criminal proceedings are terminated. The prosecutor’s office will inform you about this right and provide instructions on how you can examine the files. EL x As a civil party, you are a party to the proceedings, with a number of rights. You can attend all court hearings, including hearings in camera, and you have access to all the documents in the case. You are allowed to speak before the court to present your claims and you can also comment after a witness has been examined or make submissions or provide explanations on any testimony given or evidence presented. ES x access to the summary and the other case documents, and other rights, similar to those of the public prosecutor, including the following: -to request the collection of more evidence; -to propose new witnesses or experts who will support your case; -to propose confrontations, etc. Crime victims can also appear in the proceedings as private prosecutor before the indictment is prepared, i.e. before the start of the oral proceedings, except in the case of criminal proceedings against a minor. FI x If you are a party to the proceedings, you have the same right to access court files as the accused. As a rule, you have the right to be informed about the content of trial documents, even those that are not in the public domain. All victims in all cases have the right to participate as a formal party to the criminal proceedings if they so wish. On the other hand, it is also possible to choose not to actively participate to the criminal proceedings. FR x At the Criminal Court and the Police Court, you will not be able to access the files directly; you must first obtain the consent of the Prosecutor. However, if you are a civil party, you may consult them directly or through your lawyer as the case may be, or request a copy of them. At the Court of Assizes, you can obtain free copies of the police reports recording the offence, written witness statements and expert opinions and obtain copies of the other documents relating to the proceedings. HR x The victim and/or legal person against which a criminal offence was committed shall be entitled to register as an injured party with the police or the state attorney's office before the indictment is preferred and with the court before the trial ends. Victim as an injured party has the right: to use his/her native language, including the sign language of the deaf and the deaf and blind and to the assistance of an interpreter if he/she does not speak or understand the Croatian language or a sign language translator or interpreter if he/she is deaf or deaf and blind; submit a proposal for the realization of the property claim and temporary security measures, to the proxy, to draw attention to facts and produce evidence; to be present at the evidentiary hearing; to be present at the trial, take part in the submission of evidence and deliver a closing argument; to examine the case file pursuant to Art. 184, paragraph 2, of this Act; to request to be informed by the state attorney of the acts performed following his/her complaint (Art. 206a of this Act) and to file a complaint to the senior state attorney (Art. 206b of this Act); to file an appeal; request a return to the previous state of the case to be informed of the outcome of the criminal proceeding. HU x The victim is entitled to inspect the documents about the crime committed against him or her and receive copies at any time after the investigation is concluded. The court must ensure the right to inspect documents in such a way as to avoid unnecessary disclosure of data on privacy. However, the issuance of copies of documents may only be limited on grounds of human dignity, personality rights and right of reverence. IE x Ireland operates as a common law jurisdiction where a victim of a crime will be recognised as a victim rather than a party to the criminal proceedings. IT x LT As a formally recognised victim, during the trial you can: -present evidence; -make requests, including requests for the collection of evidence and requests for the replacement of the judge or the public prosecutor if you doubt their impartiality; -appeal against the decisions of the public prosecutor or the judge if you believe they affect your rights or interests; -get acquainted with all the materials collected on the case; -make a final speech; and -appeal against the final decision of the court. LU x A victim can become a civil party to the proceedings and thus be granted more rights. LV As a victim you have the following rights during the trial: -to receive information (by registered mail) about the time and place of the court hearing; -to receive information about the other participants in the trial (judge, public prosecutor, experts, etc.) and request their removal (e.g. if you believe they will not be objective and impartial); -to be present during the court hearings and express your opinion on the issues discussed, including the penalty to be imposed on the offender; -to ask questions of the witnesses and the experts and make comments on the evidence; -to check the documents in the case file and make copies; -to audiotape or videotape the court hearing with the permission of the judge and the other participants in the trial; -to check the court decisions and the transcripts of the hearings. MT x NL x From January 1, 2011, you have the right, both as a civil claimant and as a victim, to consult the case file, but this can be refused by the public prosecutor on certain important grounds, such as the interests of proper procedure. You can appeal to the court against such a refusal. PL x In the course of preparatory proceedings, victims may access files with the consent of the authority conducting the proceedings. In the course of court proceedings, victims may access files if they are acting as private prosecutor or auxiliary prosecutor. If the victim is not acting in that capacity, the files will be made available with the consent of the president of the court. The victim is a party to the pre-trial proceedings (Article 299 §1 of the Code of Criminal Procedure). In court proceedings he may be a party (an auxiliary prosecutor) if he so requests before the trial proceedings start (Article 53 and Article 54 § 1 of the Code of Criminal Procedure). PT RO x Yes, you or your counsel can consult the file. In order to do this, you need to go to the registry of the prosecutor’s office or of the court which keeps your file and submit an application in this respect. However, the consultation of your file will be subject to specific rules, which will be communicated by the registry.You are entitled to receive information on the conditions and the procedure governing the admission to the witness protection programme. SE x SI As a victim during the trial you can: attend all court hearings, including the private ones (your presence at the court hearing is not obligatory, but if you choose not to attend you will lose your right to --continue the proceedings in case the public prosecutor withdraws the charges); -examine the case file and the evidence collected so far (the judge may refuse to allow you to examine the case file before you are interviewed as a witness); -attend investigative actions taking place outside the court (e.g. inspection of the crime scene or reconstruction of the crime); -make comments on the presented evidence and submit new evidence; -ask questions (with the permission of the judge) to the defendant, the witnesses and the experts and comment on their statements; -request the collection of new evidence or the interrogation of new witnesses and/or experts; -make a final speech after the public prosecutor ad before the defendant and his/her lawyer. SK x At any stage of the criminal proceedings, you can decide whether to consult the file. The request to consult the case file should be made to the competent law enforcement authority. You can do this in writing or orally. In such a case, the competent authority is, in principle, obliged to grant the injured party’s request by determining the place, date and hour of the injured party’s procedural act. Of course, when dealing with files, all necessary steps must be taken to prevent the disclosure of classified information, business and banking secrets, etc.. Victims can participate in the proceedings either as an "aggrieved party" with procedural rights such as reviewing documents, suggesting evidence or as a "witness". Source : European Commission e-Justice portal: https://e-justice.europa.eu/171/EN/victims__rights__by_country ; Online survey conducted as part of the VRD IA Access to legal aid for victims of crime Legal aid for certain victims depending on their level of income Partial legal aid for certain victims depending on their level of income If partial, which victims? Level of income? AT Legal aid is provided to all victims despite their economic situation. BE x A number of categories of persons in specific situations, such as minors or persons with a mental disability, are always entitled to free legal representation. For detailed legal advice, assistance and representation, you need to enlist the services of a lawyer. Depending on your income this may be wholly or partially free of charge. If your financial means are modest, under certain circumstances you can ask to be exempted from a number of procedural costs. BG x Only if you are a victim (or heir/relative of a victim) of certain crimes (i.e., victims of terrorism, murder, premeditated grave bodily injury, sexual violence and rape that led to serious damage to health, human trafficking, any crime ordered or committed by an organised criminal group or any other serious intentional crime where the immediate consequences are death or serious bodily injury). Free legal aid is provided in the form of legal counselling and legal representation. The latter is conditional on the victim's lack of funds and the discretion of the prosecutor/judge as to whether the interests of justice do require such representation. CY x Legal aid for victims who initiated criminal proceedings is possible only for certain human rights violations (i.e., human trafficking, child sexual abuse). CZ x Particularly vulnerable victims may receive legal assistance in criminal proceedings free of charge. Other victims have the right to legal assistance for a fee. Additionally, it may be provided free of charge or at a reduced price to a victim who has suffered severe harm due to an intentional criminal offence, or to the survivor of a victim who has died as a result of a criminal offence; these persons must demonstrate that they do not have sufficient funds. DE x If the circumstances show that you may not be able to exercise your rights during the hearing, you may be assisted by a lawyer as a witness counsellor during the hearing at the State’s expense. In reality, victims of certain crimes - the means-based test is very strict, meaning that only a small number of applicants qualify for legal aid in practice. If these conditions for the appointment of a lawyer are not met, you are, as a civil party, entitled to legal aid and can apply for it if your financial situation prevents you from covering the costs of the proceedings and you are unable or cannot reasonably be expected to defend your interests yourself. EE x All victims who are minors whose interests are in conflict with those of their legal representatives are entitled to state legal aid free of charge. If you do not have the means to hire a lawyer, you may make a request to the court for state legal aid. EL x The victims of the following crimes are entitled to legal aid: torture or another offence against human dignity (Article 137(A) and (B) of the Criminal Code); discrimination or unequal treatment, an offence against life, personal freedom or sexual freedom; financial exploitation of sexual life; an offence against property or property rights; personal injury; or an offence related to marriage or the family. If your annual family income is lower than two thirds of the annual minimum personal income defined in the National General Collective Labour Agreement, you will be provided with a lawyer free of charge, who will prepare and lodge a criminal complaint and represent you as a civil party at any stage of the proceedings. ES x If you are a victim of a crime of gender-based violence, you do not need to first prove that your means are insufficient in order to obtain legal aid. If you are a victim of terrorism, you can also obtain legal aid. You can request legal aid in Spain if you are in one of the following situations, among others: ( i ) if you are a citizen of any EU Member State and you prove that your resources are insufficient; (ii) if you are a citizen of a third country and legally resident in Spain or with a right recognised in international agreements (e.g. agreements on international child abduction). In this case, you will be able to access legal aid in Spain under the same conditions as EU citizens; and (iii) regardless of the existence of resources to institute legal proceedings, your right to legal aid will be recognised and this aid will be provided to you immediately if you are a victim of gender-based violence, terrorism or human trafficking in any proceedings that are linked to, derived from or a result of your status as a victim, or if you are a minor or have a learning disability or mental illness when you are the victim of situations of abuse or mistreatment. You have the right to legal aid if your yearly income and income per family unit do not exceed: ( i ) twice the public index of income ( indicador público de renta de efectos múltiples – IPREM) in force at the time of making the request, where the persons in question are not a part of any family unit. The IPREM is an index that is fixed annually and used to determine the amount of certain benefits or the threshold for accessing certain benefits, entitlements or public services; (ii) two and a half times the IPREM in force at the time of making the request, where the persons in question are part of any of the types of family unit with fewer than four members; and (iii) three times the IPREM where the family units in question are formed of four or more members. FI x Only for individuals whose case is being heard in a national court or whose place of residence is an EU or EFTA State. Low- and middle-income earners may have a possibility to be granted legal aid at the expense of the State. In that case, the fee of the legal counsel is paid either in part or in full by the State. FR x The condition regarding level of income does not apply if you are the victim of a particularly serious crime (intentional attempt on your life, torture or acts of cruelty, act of terrorism, rape, etc.), if you benefit from the active solidarity income (RSA) or the solidarity allowance for the elderly and have no other sources of income, or if your situation appears particularly noteworthy in view of the subject of the dispute or the likely costs of the proceedings. You can benefit from legal aid if you meet the following conditions: ( i ) you are a French national or a national of a Member State of the European Union or a State that has signed an international convention with France, or if you are normally resident in France and are in the country legally (this condition is not applied if you are a minor or a civil party); and (ii) your financial resources [1] do not exceed a maximum threshold, as determined by the Finance Act. HR x Primary legal aid can be provided in any legal matter: if the applicant does not have sufficient knowledge and ability to exercise his / her right; if the applicant has not been provided with legal aid on the basis of special regulations; if the submitted request is not obviously unfounded; if the material circumstances of the applicant are such that the payment of professional legal aid could jeopardize the livelihood of the applicant and members of the household. Secondary legal aid may be granted: if it is a more complex procedure; if the applicant does not have the capacity to represent himself; if the material circumstances of the applicant are such that the payment of the necessary professional legal assistance could jeopardize the livelihood of the applicant and members of the household; if it is not a reckless litigation; if in the last six months from the date of submission of the request the request of the applicant has not been rejected due to intentional provision of incorrect information; if the applicant is not provided with legal aid on the basis of special regulations. HU You are entitled to such aid if you are considered in need in accordance with the provisions of the Act on Legal Aid, but the right to representation through a litigation friend is granted only to victims, private prosecutors, and other interested persons who are in need if, because of the intricacy of the case, their lack of legal expertise or other personal circumstances, they would not be able to effectively assert their procedural rights if they proceeded personally. IE x You may be entitled to State funded civil legal aid in certain circumstances. The Legal Aid Board provides legal advice and representation to persons primarily in civil matters, including to persons who are victims of domestic violence. If, however, in a criminal matter, the defence seeks to introduce the prior sexual history of the victim in the course of a criminal trial the Legal Aid Board will provide legal representation free of charge to victims of rape. The Legal Aid Board also provides legal advice free of charge to complainants in respect of rape and other forms of sexual assault. IT x Eligibility to access free legal aid is not available to Italian citizens alone, but also to foreign nationals, even if when they are subject to administrative expulsion proceedings, are not resident in Italy or are stateless persons living in Italy. All parties to the proceedings may apply for free legal aid, but if you are a victim of certain sexual offences the income limits stipulated by law will not apply. You may also have access to State-funded legal aid if your income does not exceed the limit provided for by law. In order to be eligible for free legal aid, your income must not be greater than the maximum fixed in law, equivalent to EUR 11 369.24, taking account of an increase for every other person living with you of EUR 1 032.90. LT x You can receive legal aid free of charge only if you have been formally recognised as a victim or you have filed a civil claim for damages. If you are participating in the investigation as a victim you have to present evidence that your income does not allow you to pay for legal services. If you are claiming damages from the offender as a civil claimant legal aid free of charge is available irrespective of your income. LU x Victims must fulfill the following requirements to obtain legal aid: ( i ) Luxembourg national; (ii) a foreign national authorised to settle in the country; (iii) a national of a Member State of the EU; (iv) a foreign national assimilated to a Luxembourg national in the matter of legal aid by virtue of an international treaty. To ensure access to justice in the event that victims do not have sufficient resources, particularly in relation to the guaranteed minimum income, they have the right to receive full legal support free of charge for the defence of their interests. To determine financial resources, total gross income and wealth are taken into account, as well as the incomes of people living in the same household. In addition to the case of limited resources, victims can also receive legal aid if serious reasons related to their social, family or material situation justify eligibility. LV x Legal aid free of charge is also available to people who are dependent on the State (e.g. elderly or ill people accommodated in social rehabilitation institutions, children without parents living in social care homes, etc.). You can receive legal aid free of charge if you want to have a lawyer but because of your low income, specific status (e.g. person in need) or other exceptional circumstances (e.g. natural disaster) you cannot pay for the services of a lawyer. MT NL x If you are a victim of a severe violent or sexual crime you could qualify for free legal aid. The costs of legal aid are for your account: legal aid is only partly free of charge depending on your income. PL x Victims may appoint their representative themselves or, if their financial situation does not allow them to do so, they may request a court-appointed representative. PT x not sfficient means - all types of crime RO x Legal aid is limited to nationals or foreigners with legal residence (when the crime was committed abroad). In certain cases, legal assistance during criminal proceedings may be provided free of charge: if the prosecutor or the judge deems that you are not able to take care of your own defence and you have no paid legal counsel; if you are a minor and have not yet acquired full legal capacity (by way of marriage or judicial decision); if requested, if you have been the victim of any of the following crimes: attempted murder and attempted aggravated murder, bodily injury, intentional crimes resulting in the victim's bodily injury (the Criminal Code defines the meaning of bodily injury), rape, sexual assault, sexual intercourse with a minor and sexual corruption of minors; if requested, if you are the spouse, parent or another person dependant on the victim who has died as a result of murder, aggravated murder or of another intentional crime; if requested, if you are the victim of crimes other than the aforementioned and if your monthly income determined per family member is no higher than the gross minimum national wage. The application for free legal assistance should be filed with the tribunal under whose jurisdiction you are residing. SE x For some types of crime, victims are entitled to their own legal representation, free of charge: sex crimes and domestic violence, but also to other offences where there is a special need. If you do not have any legal protection insurance and your case cannot be settled via the legal advice given, you may obtain legal aid subject to an assessment of your needs. The State will then pay part of the cost of your legal representation. You can also get help with the costs of travel, accommodation and presenting evidence, and with other expenses. SI x You can apply for free legal aid if you are: a Slovenian citizen permanently residing in Slovenia; a foreigner permanently or temporarily residing in Slovenia; or a foreigner entitled to legal aid under international law (you can ask the police officer/public prosecutor if you fall under this category) You can receive legal aid free of charge if you wish to have a lawyer but your financial situation does not allow you to pay for his/her services. SK x Particularly vulnerable victims are entitled to specialised help which includes legal aid. Furthermore, if a victim is participating in criminal proceedings as an aggrieved party and does not have sufficient income, an attorney can be appointed by the court. If you claim for compensation for the damage caused by the offender, you do not have sufficient resources to cover the expenses for a lawyer and this is necessary for the protection of your interests, you can apply for legal aid. It is provided by a lawyer and paid by the state. Source : https://e-justice.europa.eu/171/EN/victims__rights__by_country ; Online survey conducted as part of the VRD IA Access to compensation and restoration Victims’ possibilities to apply for and receive compensation as part of the criminal proceeding Compensation decision = compulsory part of a criminal trial Compensation decision sometimes/conditional upon compulsory part of a criminal trial Compensation decision not compulsory part of a criminal trial Further explanation AT x According to Sec. 366 para. 2 CPC, if the defendant is convicted, a decision about any private law claims of the private parties has to be made in the judgement. BE x Not in criminal proceedings in Flanders. In addition, the request for compensation is conditioned to the victims assuming an active role in the proceedings and is available for civil parties only. BG x There is no obligation per se. The victim, if constituted as an injured party to the criminal proceedings, may claim compensation for pecuniary and non-pecuniary damage . CY x CZ x If the court sentences the defendant for a criminal offence, by which he caused another person material damage or other non-material harm, or who was unjustifiably enriched himself at the expense of the aggrieved person, it will impose upon them an obligation in the judgement to compensate in monetary terms the damage or non-material harm to the victim or to surrender any unjust enrichment, provided that the claim of the victim was asserted on time. The exception is if further evidence is necessary for such decision which would significantly delay the criminal proceedings. In this case the court will refer the aggrieved person to proceedings in civil matter or to proceedings before another competent authority. DE x According to Art. 403 ff CCP there is a possibility for all victims to claim compensation from the offender within criminal proceedings . . EE x EL x ES x In general, if crime victims have taken part in the proceedings, victims will be entitled to be reimbursed for the expenses needed to exercise their rights and the legal costs that they have been incurred in preference to payment of the expenses that have been incurred for the State. To that end, the payment must be imposed in the sentence and, in addition, the accused must have been convicted, at victims' request, for crimes for which the public prosecutor has not made an accusation, or have been convicted after the decision to close the case has been revoked due to an appeal crime victims have lodged. The assistance and support services and, in particular, the Crime Victim Support Offices, will provide crime victims with information on the cases in which they may be reimbursed for legal expenses and, where appropriate, the procedure for claiming them. FI x In connection with criminal proceedings, the victim is entitled to claim that the offender compensates for the damages they caused. The victim must state the damages and express their intention to claim compensation for them during the criminal investigation or at the court at the latest. FR HR x Criminal procedure Act prescribes that the compensation decision of a criminal offense will be discussed at the proposal of the authorized persons in the criminal proceedings, if this would not significantly delay the proceedings. HU x The request for compensation is conditioned to the victims assuming an active role in the proceedings. IE x IT x The request for compensation is conditioned to the victims assuming an active role in the proceedings. LT x LU x LV x MT NL x PL x "(3) Article 39, item 5 of the Penal Code (hereinafter: CC), the legislator explicitly mentions among the penal measures, inter alia, the obligation to redress damage or compensation for harm suffered. This provision is supplemented by Article 46 of the CC which provides for the possibility of the court, at the request of the wronged party or another entitled person, to impose this very penal measure. The obligation to compensate for damage may be imposed by the court ex officio (in the event of conviction) and at the request of the victim. The injured party may submit the request to compensate for damage or harm suffered already at the stage of criminal proceedings. The court adjudicates on the obligation to redress damage or compensate for the harm suffered on the basis of civil law provisions. Pursuant to Article 46 of the Code of Criminal Procedure: § 1. If convicted, the court may order, and at the request of the wronged party or other entitled person shall order, applying the provisions of civil law, an obligation to make good, in whole or in part, the damage caused by the offence or to compensate for the harm suffered; the provisions of civil law on the possibility of awarding an annuity shall not apply. § 2. if ruling on the obligation specified in § 1 is considerably difficult, the court may rule instead of this obligation a payment in the amount of up to PLN 200,000 in favour of the wronged party, and in the event of his death as a result of the offence committed by the convicted person, a payment in favour of the closest person whose life situation has significantly deteriorated as a result of the death of the wronged party. In the event that more than one such person is identified, compensation shall be awarded to each of them. § (3) The award of compensation or reparation under § 1 or of a payment in kind under § 2 shall not prevent the unsatisfied part of the claim from being pursued in civil proceedings. " PT x RO x SE x Sweden uses the “Adhesion procedure” whereby the criminal case and the civil case run alongside each other, and the civil compensation claim will be raised and decided alongside the criminal case regarding the guilt of the accused. Also, the request for compensation is conditioned to the victims assuming an active role in the proceedings. SI x Compensation claim can be made in criminal proceedings, however, it still remains, in its nature, a matter of civil law and a civil claim always remains an option SK x In general, courts should decide on compensation in criminal proceedings. However, if establishing of the precise amount of compensation from perpetrator will unduly prolong criminal proceedings, victims will be referred to civil proceedings. Source : Online survey conducted as part of the VRD IA Victims’ rights to reimbursement of expenses in connection with their active participation in criminal proceedings (such as court fees, travel expenses etc.). Court fees reimbursed Travel expenses reimbursed Cost of a medical physician present during a medical investigation Loss of earnings AT x x BE 0 (except when the victim is a witness in the case). x Witnesses can also apply for half-day compensation for time missed from work. BG 0 (except when the victim is a witness) CY CZ DE 0 (except when the victim is a witness in the case). 0 (except when the victim is a witness in the case). EE x x EL ES x x FI 0 (except when summoned to clarify facts of the case) 0 (except when summoned to clarify facts of the case) FR x HR x HU x IE 0 (except when the victim is a witness) 0 (except when te victim is a witness). IT exemption from paying court costs LT x x LU x LV x x MT x NL x PL 0 except when a witness in a case. 0 except when a witness in a case. PT x RO x SE 0 (if the victim is summoned by the police or the public prosecutor) 0 (if the victim is summoned by the police or the public prosecutor) SI 0 (if the victims is interviewed as witness) 0 (if the victims is interviewed as witness) SK x 0 (if the victims is interviewed as witness) Source: Vociare report; Online survey conducted as part of the VRD IA Other costs reimbursed ? Conditions limiting access Expenses are supported by the losing party AT Overnight costs BE BG CY CZ witness fee Limited to witnesses giving testimony. x DE outlay, lost time, financial inconvenience Victims acting as private accessory prosecutor. EE EL ES reimbursement of legal costs. To that end, the payment must be imposed in the sentence and, in addition, the accused must have been convicted, at your request as the victim, for crimes for which the public prosecutor has not made an accusation, or have been convicted after the decision to close the case has been revoked due to an appeal you have lodged as victim. x FI Daily allowance when summoned to clarify facts of the case. Reimbursement is only provided for the participation in the trial but not extended to the investigation phase. FR Failing this, when sentence is pronounced, and during the settlement of damages by the court, such expenses are charged to the convicted party at your request. x HR x HU Costs of the opinion of the expert, invited by yourself, with the consent of the prosecution/court, expenses of full or partial video or audio recording of the proceedings/stenography, expenses for one copy of the case files, communication expenses (phone, fax, post, other), representatives’ fee. Limited to witnesses giving testimony. IE These costs are paid by the state budget, but will have to be reimbursed by the defendant if found guilty. x IT costs of technical consultants. LT accomodation expe n diture LU Only when a victim has insufficient resources. x LV accommodation and other related expenses MT NL x PL when the victim is also a witness: accomodation and subsistance costs. PT RO Witnesses summoned to the hearing. The offender will be ordered to pay legal expenses of victims. SE If the victim is summoned by the police or the public prosecutor: accomodation costs. SI If the victims is interviewed as witness: expenses for food and accomodation . SK If the victim is interviewed as witness: expenses for accomodation . Civil parties who were successful in a claim for the compensation of damage caused. x Source : VRD Compliance assessment report, Vociare Report, European Commission Justice portal ; Online survey conducted as part of the VRD Possibility for the State to advance payment of compensation. The 2004 Compensation Directive establishes a system of cooperation to facilitate access to compensation for victims of crime in compensation in cross-border situations; this system should operate based on the schemes in force in the Member States for compensation to victims of violent intentional crime committed on their respective territories. It is therefore necessary that be in place in all Member States. Member States. Under Objective V, which aims to ensure th at victims have better access to compensation, PO V .3 envisages a revision of the 2044 Compensation Directive (Directive 2004/80/EC) to impose minimum standards including : extending the scope of the Compensation Directive so that it applies to all crimes (and not only to violent and intentional crimes as is currently the case) introducing terms and conditions such as maximum administrative time limits for the authorities handling the cases, and conditions for determining The 2004 Directive only required MS to set up a compensation scheme for victims of intentional and violent crimes. This system was to enable cross-border victims also to benefit from financial a id in cases where the offender was n ot identifiable or not solvent. Although all Member States now have such a system, sometimes even going beyond the scope of the 2004 Directive as it is available to victims of non-violent crime, the conditions for application and calculation of the amount of compensation vary widely. Amending the Directive in this sense would allow for better harmonisation but would require some efforts from some MS. Today, in most Member states, the principle that the full compensation for the damage lies with the offender prevails and national rules do not provide for maximum limits on the amount of compensation. However, in some MB, such as IE and PT for instance, some cases (even when involving violent intentional crime) may be prosecuted in lower courts where amount of compensation are restricted. Property or material damages must be proven and quantified . As far as state compensation is concerned, most MS have maximum amounts above which compensation is not possible. This amount varies between 5,000 and 200,000 depending on the crime and the extent of the damage. Four MS do not have maximum amounts: AT, CY, DE and IE, but the latter is currently discussing the introduction of maximum amounts. In some MS, state compensation is possible in advance , even in the absence of criminal proceedings. Except in BG, CY, CZ, EL, HU, IT, SE, SK In almost all Member States, the State pays initial compensation to the victim and can then recover it from the offender (or at least claim it back). Except in IE , where the court has to make a decision first. To avoid double compensation, amounts paid to the victim following a court decision, when known, are deducted by the court from the compensation. In the NL, only victims of violent and sexual offences receive full state compensation 8 months after the judgment has become final and the state then recovers the costs from the offender. In addition, it should be noted that many jurisdictions have recently revised or are currently considering revising their national compensation schemes, which means that the costs associated with the efforts that may be required under PO V.3 have already been taken into account by some MS governments (AT, BE, BG, IE, IT, LT, NL, PL, SE, SI and SK at least). MS considers a revision of the national compensation schemes (NCS) In criminal matters, the principle that the full compensation for the damage lies with the offender prevails and the national rules do not provide for maximum limits on the amount of compensation Regarding compensation by the state, the state has set a maximum limit of the amount of compensation (which it must pay) Immediate compensation possible even in the absence of criminal proceedings. State pays an initial compensation to the victim and then recovers it from the offender. Sources AT currently considering a revision of NCS Yes Possibility of private participation (damage claimed by the injured party must be compensable under civil law). Immaterial damages are only compensable if this is exceptionally ordered by law.extent of the damages or infringements has to be determined ex officio. No upper limit for the compensation claimed. In general: no upper limit, but for specific compensations (e.g. compensation for loss of earnings or lump-sum compensation for pain), there is an upper limit Upfront compensation is possible Recuperating the upfront compensation from the offender is possible https://rm.coe.int/1680745923 BE parts of NCS currently under review: draft law to introduce an optional accelerated procedure for the General Division of the Commission for financial aid Yes The damage is determined by evidences (medical certificates, reports, invoices for medical costs, discharges, certificates of the employer or health insurance fund concerning the loss of income, etc), also moral compensation (= the non - pecuniary damage) can be determined. Yes. In BE, State compensation is operated by the Comm for financial aid for victims of deliberate acts of violence and occasional rescuers'. Divided into 2 divisions (terrorism and general). Does not provide full compensation but limited financial support&gt; Aid capped at EUR 125,000 HOWEVER: financial support from State is of last resort: victims should first seek compensation through insurance companies and/or perpetrators. Yes. Victims can apply for upfront financial aid even if criminal proceedings ongoing. &gt; referred to ‘advance on financial aid’ for victims of terrorism, while &gt; ‘emergency aid’ for victims of other deliberate acts of violence. The BE State may recuperate the financial aid (granted by the Commission) from the offender and/or from insurance companies https://rm.coe.int/1680745923 BG Reformed in 2017 Yes Yes, maximum 5 113 EUR (corresponding to 10 000 BGN) No, compensation by the State is only possible in case of: a guilty verdict, a prosecutorial or court instrument dismissing or discontinuing criminal proceedings Yes, upon payment of financial compensation, the State must immediately file a recourse against the offender to recover the money paid https://www.compensation.bg/sites/default/files/Crime_Victim_Assistance_and_Financial_Compensation_Act_0.pdf; https://www.compensation.bg/en/node/18 CY COE called on CY to make THB victims' compensation effective (2020) Yes No, the law does not set a maximum amount for State compensation but only the categories of damage that can be covered No, State compensation is possible only once the victim has attempted to recover the money from the offender (i.e. at the end of a criminal proceeding and enforcement action) or when the offender has not been identified. However, the victim shall submit the request for compensation within two year from the act http://www.familyviolence.gov.cy/upload/20220302/1646236377-05748.pdf; https://rm.coe.int/greta-2020-04-fgr-cyp-en/16809eb53f; https://fra.europa.eu/sites/default/files/fra_uploads/country-study-victim-support-services-cy.pdf CZ Yes Yes, victims can be granted up to EUR 8 102,47 (CZK 200 000); in addition, in case of death, total financial assistance granted to all survivors may not exceed EUR 2 4307,41 (CZK 600 000), and if there are more survivors, the assistance granted shall be proportionately reduced so as not to exceed the maximum amount of the financial assistance. Not in principle but financial assistance can be provided if existing investigation of law enforcement authorities shows that there is no doubt that a crime has been committed and that legal conditions for the entitlement to financial assistance have been fulfilled. Yes (and State can recuperate the financial aid provided upfront) https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be _considered_in_this_country?CZECH_REPUBLIC&amp;member=1; https://rm.coe.int/1680745923 DE No, the amount of the pension benefits to compensate for the consequences of health-related damage are calculated according to the extent of these consequences. The amount of the benefits to compensate for the consequences of economic damage are based on the economic disadvantages incurred. Yes, competent authorities decide autonomously on claims for State compensation. It is not necessary to first seek compensation from the offender. However, advance payments are not possible pending the decision on the attribution of the State compensation. Payments to cover medical treatment may be made fore a decision has been taken on the compensation claim. https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?GERMANY&amp;member=1 EE Yes. The amount of the compensation is calculated on the basis of the average income per calendar day in case of partial or no work ability; the compensation covers 80% of the lost income. In case of death, the victim’s average income per calendar day is multiplied by thirty. An addition 75%, 80% or 100% can be provided depending on the number of dependant persons. Compensation is paid as long as the entitled person qualifies for compensation or up to the limit of 9,590 euros Yes, advance payment can be requested by persons in a difficult economic situation (up to 640 EUR) Yes, when compensation is granted the right to claim is transferred to the Social Insurance Board that then raise the claim against the offender. https://rm.coe.int/1680745923; https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?ESTONIA&amp;member=1#tocHeader6 EL No No https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?GREECE&amp;member=1#tocHeader6 ES Yes, it depends on the damage and is based on the public multiple purpose income index (IPREM). For temporary incapacity, it corresponds to twice the daily IPREM in montlhy payments. In case of disabling injuries, it varies between 40 and 130 monthly instalments. In case of death, the maximum aid is 120 monthly instalments of the IPREM. Lump sums can also be allocated: they vary between max 75 00 EUR (partial permanent incapacity) and 500 000 EUR (severe disability). Such amounts can be increased in certain exceptional cases. Yes, while criminal proceedings are ongoing, the legislation provides for the granting of interim aid to address the precarious financial situations of victims of crime or their beneficiaries. Interim aid may be applied for once the victim has reported the events to the competent authorities or when the criminal proceedings have been initiated by the competent bodies without the need for a report. https://rm.coe.int/1680745923; https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?SPAIN&amp;member=1#tocHeader6 FI Yes Yes https://rm.coe.int/1680745923 FR Yes Yes, only for certain categories of crimes. There is no limit in case of serious personal injury. In case of slight personal injury and material damage the max amount is 4342 EUR depending on personal revenues. In the case of compensation by the Sarvi , the amount allocated to the victims corresponds to the one recognised by the judge in the ruling (100% if less than 1 000 EUR and 30% if above 1 000 EUR, additional amounts can be given depending on how much the Sarvi recovers from the offender) Yes, the Civi allows to introduce a compensation claim within 3 years from the violent act, if there has been no proceeding Yes, but only in the case of compensation to victims from the Service d'aide au recouvrement des victimes d'infraction ( Sarvi ). As a general rule, the victim should refer to the Commission d'indemnisation des victimes d'infractions ( Civi ). HYPERLINK "https://www.service-public.fr/particuliers/vosdroits/F2313" Victime d'infraction : indemnisation par le fonds de garantie des victimes | Service-public.fr; https://www.service-public.fr/particuliers/vosdroits/F1744 HR Yes Yes Yes, it is possible to ask compensation to the State and receive it before the conclusion of criminal proceedings. However, it is necessary to report the crime to the police to be able to claim compensation. No advance payment can be requested pending the decision on the compensation claim. Yes, when the victim receives compensation from the State, the State has the right to recourse against the offender. https://rm.coe.int/1680745923; https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?CROATIA&amp;member=1#tocHeader6 HU Yes, the maximum amount corresponds to 15 times the minimum amount (in 2018, 113 164 HUF - 268,93 EUR) corresponding to 4 032,02 EUR (1 697 460 HUF) in 2018 No, criminal proceedings need to have been launched to allow the victim to claim compensation from the State If the damage is recovered later on from another source, the advance must be paid back by the victim. https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?HUNGARY&amp;member=1#tocHeader6 IE Reforms of NCS introduced in April 2021 Work is underway No limit to the amount of damages the High Court can award. But many cases involving a violent intentional crime may be prosecuted in the lower courts with restrictions on the amounts of compensation that can be awarded. No. Currently no upper limits apply in the State’s national criminal injuries compensation scheme - HOWEVER: setting limits is under discussion Separate to criminal or civil proceedings, a victim of crime may also lodge an application with the Criminal Injuries Compensation Tribunal. IE national criminal injuries compensation scheme does not require that criminal legal proceedings have been taken by the State or that civil proceedings have been taken by the victim. However there is a requirement that the crime of violence was reported to the police + where an applicant has received compensation from another source, they should inform the Tribunal and repay any money that amounts to double compensation. No Victim lodges an application with the national scheme separate to criminal proceedings. If criminal (or civil) proceedings are ongoing, typically the Tribunal waits to make a decision. To avoid double compensation, amounts paid to the victim as a result of a court order, where known, are deducted by the Tribunal from the award. IT The NCS has been recently reformed ( Interministerial Decree of 23 January 2020 on state compensation to victims of violent crimes) Yes Yes (up to 60 000 EUR depending on the crime) No, compensation is only possible after a criminal proceeding if the victim has obtained no compensation from the offender (even after the enforcement action) or in an amount inferior to the legal one HYPERLINK "https://www.inte rno.gov.it/it/presupposti-e-requisiti-laccesso-fondo-vittime-dei-reati-intenzionali-violenti" Vittime dei reati intenzionali violenti | Ministero dell‘Interno; https://e-justice.europa.eu/494/IT/claiming_damages_from_the_offender?ITALY&amp;member=1 LT Reform ongoing in 2017-2018 Yes. In case of murder the maximum compensation for material damage may not exceed EUR 3 800 and the maximum compensation for non-material damage may not exceed EUR 4 560. In case of severe injury to health the maximum compensation for material damage may not exceed EUR 3 040 and the maximum compensation for non-material damage may not exceed EUR 3 800. In case of other violent crimes the maximum compensation for material damage may not exceed EUR 2 280 and the maximum compensation for non-material damage may not exceed EUR 3 040. If compensation for damage incurred due to a violent crime is paid in advance, the maximum amounts may not exceed half of the above amounts. Yes, advance in compensation is possible in certain cases. Amounts received as compensation from damage from other sources will be deducted from the compensation. Amounts received as compensation from damage from other sources will be deducted from the compensation. LU Yes (up to 63 000 EUR) HYPERLINK "https://guichet.public.lu/fr/citoyens/citoyennete/voies-recours-reglement-litiges/indemnisation-victimes/victimes-infractions-violentes.html" Demander l'indemnité à charge de l'État en tant que victime d'une infraction violente — Citoyens — Guichet.lu - Guide administratif - Luxembourg (public.lu) LV Under consideration (as declared in 2017, unclear what happened in the meanwhile) MT Yes Yes (up to 23 300 EUR) Yes https://rm.coe.int/1680745923; https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?MALTA&amp;member=1 NL Yes. Various aspects of damage recovery after crimes are currently being reviewed Yes Yes (between 1 000 and 35 000 EUR) Yes. Upfront compensation can be granted by the Dutch Compensation Fund, but only for intentionally committed violent crimes (so not for all crimes) that caused severe injury (physical or psychological). YES and NO - If Court orders offender to pay compensation, the State (Central Judicial Collection Agency) collects this compensation from the offender for the victim. Victims of violent and sexual offences receive all compensation from the State 8 months after the judgment becomes final and the State recovers the costs from the offender afterwards. For other crimes a maximum of 5000 euro applies. If victim receives compensation from offender, the amount received by the Comp. Fund must be reimbursed. The Comp. Fund does not recover directly from the offender. https://rm.coe.int/1680745923 PL Yes, under discussion Yes Yes. State compensation may not exceed EUR 5,306 or EUR 12,739 if victim passed away. Yes. Not necessary to initiate and conduct criminal proceedings Yes. State can ask for compensation recovery from the offender PT Yes No set limits however, property or material damages must be proven and quantified. For moral damages: no set limits, it'll depend on court assessment Yes. EUR 34.680 per victim Yes, in cases where victim is left in critical financial situation Yes, State may clai the money back but offenders are not always able to pay back https://rm.coe.int/1680745923 RO Yes, financial compensation for material damage is granted within the limit of an amount equivalent to ten national gross minimum base salaries, as established for the year in which the victim presented the financial compensation claim. Yes, advance payment from the compensation is possible, in case of precarious financial situation of the victim. The victim shall refund the advance payment if the compensation is refused or the offender is not insolvent or missing https://e-justice.europa.eu/491/E N/if_my_claim_is_to_be_considered_in_this_country?ROMANIA&amp;member=1 SE Reformed in July 2022 Yes, no limit. Yes (up to 457,28 EUR and 83 255,04 EUR depending on the crime) If lump sum = maximum of 20 times the price base amount ( 52 300 Skr in 2022) in force in the year in which the compensation is determined. If annuity : paid each year at a max of 3 times the price base aount in force at the time of compensation. For violation: no limit No, compensation can rarely be awarded before a police investigation and a judicial review is finished. However, to file a request for compensation, it is sufficient for the crime to have been reported. If the offender is unknown, there must have been an inquiry, such as a preliminary investigation, which confirms that you have been subjected to a criminal act. If the suspect has been identified, a conviction or a summary imposition of a fine is required in principle. . Yes. The Swedish Crime Victim Authority compensates, if offender lacks the ability to pay and there is no insurance to cover the damage, which is then recovered from the offender when he or she regains the ability to pay. Criminal damage compensation | Swedish Crime Victim Authority (brottsoffermyndigheten.se); https://www.brottsoffermyndigheten.se/referatsamling/skillnaden-mellan-ersattning-for-personskada-och-for-krankning/; https://rm.coe.int/1680745923 SI Under consideration (as declared in 2017, unclear what happened in the meanwhile) Yes Yes (up to 10 000 EUR for physical and mental pain and up to 20 000 EUR in case of death; for other types of damages different rules apply) YES and NO In principle; compensation granted only after criminal proceedings and unsuccessful enforcement action. Exception: he State may grant compensation without waiting for the victim to first claim compensation from the offender when the offender is unknown and when the victim belongs to specially protected groups (children, victims of domestic violence, disabled people, citizens of another EU Member State) Yes. After compensation is paid out to victims, claims are transferred to the Republic of Slovenia; State Attorney's Office then tries to recuperate the amounts from the offenders; but in most cases these procedures are only partly successful or unsuccessful. https://rm.coe.int/1680745923; https://e-justice.europa.eu/491/EN/if_my_claim_is_to_be_considered_in_this_country?SLOVENIA&amp;member=1; https://www.gov.si/teme/odskodnine-zrtvam-kaznivih-dejanj/ SK has recently changed its legislation towards easier and more victim-friendly national compensation scheme Yes Yes (up to 10 or 50 times the minimum wage depending on the crime) No, not possible to get emergency nor advanced compensation Yes. https://rm.coe.int/1680745923 Source: e-Justice portal, Victims of crime, Compensation