The evolution of European Union criminal law (1957-2012)

that may endanger his or her life, physical integrity, dignity, personal liberty or sexual
integrity—to issue a European protective order to protect the endangered person in
another Member State. 996 A second Directive establishing minimum standards on the
rights, support and protection of victims of crime—thus replacing the Framework
Decision on the standing of victims in criminal proceedings—was also adopted,
establishing minimum standards of legal protection, as well as support and access to
justice for victims in EU Member States. 997 The Directive covers a vast number of rights
including: the right to receive information from the first contact with a competent
authority, the right to interpretation and translation, the right to access victim support
services, as well as several rights of participation in criminal proceedings such as right
to be heard, to legal aid, to reimbursement of expenses, to return of property, to
safeguards in the context of restorative justice services, and to avoid contact between
victim and offender, among many others. 998
The expansion of victims’ protection was also undertaken by the new Directive on
trafficking in persons, which now provides Member States with the possibility of not
prosecuting or imposing criminal penalties on victims of trafficking for their
involvement in criminal activities, which they have been compelled to commit. 999 The
Directive further provides for assistance and support to victims before, during and after
the criminal proceedings, 1000 as well as for special protection in criminal investigation
and proceedings, which can range from legal representation to, as far as possible,
avoiding secondary victimisation by, giving evidence in open court or unnecessarily
concerning the victim’s private life (for example). 1001 Furthermore, special protection is
envisaged to child victims including, for instance, physical and psycho-social recovery
support, the appointment of a guardian or representative when necessary, the provision
of assistance and support for the family when they are in the territory of the Member
State. 1002
In relation to defendants, the 2009 Road map for strengthening procedural rights of
suspected or accused persons in criminal proceedings envisages action in six different
areas: translation and interpretation, information on rights and charges, legal advice and
legal aid, communication with relatives, employers and consular authorities, special
996 Article 1, ibid..
997 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012
establishing minimum standards on the rigths, support and protection of victims of crime, and
replacing Council Framework Decision 2001/220/JHA, OJ L 315/57 [2012].
998 Articles 4 to 24 of the Directive, ibid..
999 Article 8, of the Directive, ibid..
1000 Article 11, ibid..
1001 Article 12, ibid..
1002 Articles 13-16, ibid..
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