Brussels: Europe and the Arabs

The Council of Member States and the European Parliament have agreed in principle to update the 2012 EU Act on the Rights, Support and Protection of Victims of Crime. The new law will make it easier for victims to report crimes, access helplines, receive assistance from support services, and obtain information about their rights. According to a statement distributed in Brussels, under the heading "Victim Helplines," Member States will be required to establish helplines for victims, where they can obtain information about their rights, receive psychological support, and receive advice on support services.

Across the EU, the helpline will be available via the same telephone number: 116006. However, national numbers may continue to be used.

The helpline will be available in each country's official language(s). National governments are also encouraged to offer services in additional languages. Some helpline services will also be provided via IT tools. These services should be delivered in a language the victim understands, for example, using interpreting and translation techniques. Reporting Crimes

To facilitate access to justice, Member States must ensure that victims can report crimes—if it is in their best interest—through accessible and user-friendly information and communication technologies. This should include the submission of evidence.

Member States must also facilitate reporting by third parties through cooperation between competent authorities and civil society organizations that are likely to receive information from victims about crimes.

Legal Assistance
Victims who are parties to criminal proceedings and who lack sufficient resources to retain a lawyer are entitled to legal assistance. This will help them claim compensation. Member States may apply a financial capacity and/or merit criterion to determine eligibility for legal assistance.

Certain categories of victims, as determined by Member States, are always entitled to legal assistance if they lack sufficient resources and are parties to the relevant criminal proceedings.

Compensation
To facilitate victims of crime obtaining compensation, Member States must establish enforcement measures to facilitate the collection of compensation from the perpetrator. Enforcement measures are procedures to expedite the execution of a court decision. If victims of intentional violent crimes do not receive compensation from the convicted perpetrator within a reasonable time, Member States may pay the agreed-upon compensation to the victim in advance. Governments retain the right to recover any compensation paid in advance by the convicted perpetrator.

Support for Children
The updated Victims’ Rights Directive pays particular attention to the needs of children as victims of crime. Member States must ensure that appropriate services are available for children, providing age-appropriate support and protection.

Under the new rules, child victims will benefit from medical examinations, psychological and emotional support, the opportunity to report the crime, an individual assessment of their protection and support needs, and the possibility of video recording their testimony.

Protection of Victims’ Personal Data
To improve the protection of victims, Member States must ensure that, in the course of legal proceedings, the perpetrator does not obtain the victim’s personal data (such as their address) unless it is necessary for their right to a defense or for other legitimate interests. This will make it easier for the victim to report the crime and access justice.

On the next steps, the European statement said: “The Council and the European Parliament must now formally adopt the provisional agreement reached today.” It is worth noting that in 2012, the European Union adopted a Directive to establish minimum standards on the rights, support, and protection of victims of crime. While a recent evaluation report concluded that the Directive has generally delivered the intended benefits for victims of crime, it also identified a number of shortcomings. In response to these shortcomings, the amendment—introduced by the European Commission on 12 July 2023—aims to improve victims' access to information and strengthen safety measures specifically tailored to meet the particular needs of vulnerable victims.