THE RIGHTS OF VICTMS OF CRIME

RIGHT TO INFORMATION

The right to information is very important, because only well-informed victims can participate fully in the proceedings and exercise their rights. Information should be given to the victims in a simple and accessible form, so that they may fully understand it. If any victim feels fragile and in need of support, they can be accompanied by a family member, a friend, a lawyer or a victim support officer, who can help them understand and remember the information provided. Victims of crime are entitled to receive information about their rights, the progress of the case (with the exception of situations where this is not permitted because of judicial secrecy requirements) and the main decisions made in their case. Information should be provided to them at each stage of the proceedings by the responsible authority and the Public Prosecution Service has a particularly significant role. In addition, victim support services have an important function as a source of information.

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RIGHT TO RECEIVE ACKNOWLEDGEMENT OF THE COMPLAINT

Any victim who files a complaint or a report is entitled to receive a written acknowledgement immediately without having to request it. This acknowledgement is evidence that the complaint or the report was filed and contains a description of the essential facts of the crime, including the type of act, the date and place of this occurrence and the damage caused. Victims who don’t speak Italian are entitled to receive this written acknowledgement either in their own language or in one they understand.

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RIGHT TO TRANSLATION

In all case procedures, whether verbal, such as interviews with witnesses, or written, such as letters notifying participants to attend the trial, the language used is Italian. When a victim doesn’t speak Italian and must participate in any procedure, they are entitled, upon request to the authority responsible for the procedure in question, to an interpreter who speaks both Italian and the language spoken by the victim. For example, if the victim is Russian and does not speak Italian, an interpreter will be appointed to translate into Italian what the victim says, and to translate into Russian or another language which the victim understands what is said or asked in Italian. If a victim is participating in the proceedings as a civil party they are also entitled to receive translations in a language they understand of all the information in the case that is essential to the exercise of their rights, such as the judgment. If a victim is deaf or hard of hearing, a sign language interpreter will be appointed. If the victim is dumb, the questions are asked orally, and the victim responds in writing. The role of the interpreter in all these situations is very important to ensure that victims understand what is conveyed to them and enable them to participate actively in the criminal proceedings. The appointment of an interpreter does not involve any cost for the participants.

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RIGHT TO VICTIM SUPPORT SERVICES

Victims are entitled to confidential victim support services free of charge before, during and after the case. A Victim SUpport Service provides emotional, psychological, legal, social support and assistance to all those who were or are victims of crime. To findout more about Victim Support Services in Italy click here Victims are entitled to Victim Support Services even if the crime was not reported.

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RIGHT TO BE HEARD

During any criminal case, the victim is entitled to be heard and to provide information that may be important for the investigation and submit evidence. When the crime is first reported (if this is done by the victim), he/she has the opportunity to provide as much relevant information and evidence as possible to the authorities receiving the report. Even during the investigation, the victim will be summoned by the police or, in some cases, by the Public Prosecution Services, in order to make statements and to add some things that have not been mentioned in the complaint. If the accused person becomes the defendant, the victim will be called back in court to give their statements and answer the questions asked. In case of a victim of human trafficking or a crime of sexual nature, the Public Prosecutor has to collect the testimony through a pretrial hearing, that is to say, anticipate the collecting of evidences which will have efficiency in the next trial. In addition, whenever the victim has information they consider important to communicate immediately, they can, and should, do so straightaway, preferably in writing, to whichever authority is dealing with the case at the time. The authorities can also, at any time, ask the victim for further information or clarification.

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RIGHTS IN THE EVENT OF A DECISION NOT TO CHARGE THE DEFENDANT

If, at the end of the preliminary investigation, the Public Prosecutor considers the evidences insufficient to request a commitment for trial for the accused, they ask the judge for the preliminary inquiries in the proceeding to be archived. If the victim does not agree with the Public Prosecutor’s decision, they can present an act of opposition to the judge for the preliminary investigation. With this act the victim can assert new arguments of the investigation and legal and factual matters. The time limit to present the act of opposition is of 20 days; the limit is extended to 30 days in case of residential burglary and robbery, but especially in assault crime’s cases. In the event of inactivity in the conduct of the investigation by the Public Prosecutor, the offended person can request the Prosecutor General at the Court of Appeal for a call-back of the investigation.

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RIGHT TO INFORMATION AND TO LEGAL PROTECTION

The victim, during all the trial, has the right to obtain legal consultancy and the assistance of a lawyer. If a person cannot afford the costs, then, for all the duration of the proceeding, they have the right to benefit from the assistance of a lawyer at the expanses of the state. It’s the victim herself that has to make a request for this procedure. The relevant application must be submitted in a writing form at the Secretariat of the Bar Association of the Tribunal where the procedure takes place. The application form must be accompanied by all needed documentation together with tax records testifying that the applicant has not surpassed the annual income limit of 11.493,82€. By having the application granted, the victim will have appointed a lawyer, entirely paid by the State.  

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RIGHT TO COMPENSATION FOR PARTICIPATION AND TO REIMBURSEMENT OF EXPENSES

A victim who intervenes as a witness in the proceedings shall have the right to be reimbursed for the expanse incurred as a result of such participation. The refund must be requested in writing, through a form that can be withdrawn at the criminal registry of the court.

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RIGHT TO THE RETURN OF PROPERTY

Some property belonging to the victim may have to be taken away for the subsequent investigation of the crime. For example, the victim’s car, or clothes, may contain important evidence for the investigation. If this is the case, the authorities can appropriate the property to be used as evidence. As soon as the appropriated items are no longer required, the victim is entitled to have them returned. This should be done as soon as possible, so that the victim is not deprived of them beyond what is strictly necessary for the purposes of the case. In some cases, the victim must make a written application for the return of their property.

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RIGHT TO COMPENSATION

Those who suffer damage as a result of a crime have the right to be compensated. The only person who has the obligation to compensate is the offender. However, if it is impossible to obtain compensation from the offender as far as it concerns the financial point of view, in violent crime cases or if the culprit has not been identified, the State may provide a partial reimbursement for the victim. In order to claim compensation for any damage, the victim must fulfil their role as a civil party in the trial. For the establishment of a civil party, the assistance of a lawyer is required. Regardless, the victim can claim damage outside of the criminal trial and in the scope of a civil proceeding in front of a civil judge. Even in this case, the assistance of a lawyer is needed. The damages that can be claimed are: Emergent damage: that is all expenses incurred due to the suffered violence; Loss of profits: that is all losses suffered as a result of the violation experienced; Biological damage: that is the harm suffered to the psycho-physical integrity due to the violation experienced; Moral damage: that is the pain suffered due to the violence experienced. It’s important to keep in mind that damages also include the restitution of goods and of the money snatched due to the violence suffered.

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RIGHT TO PROTECTION

Victims and their family members are entitled to protection from retaliatory or intimidatory acts against them, but also from the risk of repeated crimes against them. Whenever authorities consider that there is a serious risk of acts of revenge or reliable evidence that the safety and privacy of the victim may be seriously and deliberately compromised, they should provide an adequate level of protection to the victim and the family. The victim may, for the purposes of the trial, place their domicile in the office of the lawyer.

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RIGHT TO SECURITY: PERSONAL PRECAUTIONARY MEASURES

The protection and safety of victims can be safeguarded by applying precautionary measures to the suspect or accused person. The precautionary measure is a restriction on the freedom of the suspected or accused person, which can be applied during the criminal proceedings if there is a danger of escape, the danger of tampering with the evidence of the crime, or the danger of repeating the crime. There are several precautionary measures such as: the prohibition of expatriation for the suspect or accused person; the suspension of the suspect or accused person from exercising certain professions; the obligation imposed on the suspect or accused person to report periodically to the police; the removal imposed on the suspect or accused person from the family home, or from places frequented by the victim; the prohibition imposed on the suspect or accused person to approach the places frequented by the victim; the prohibition or obligation imposed on the suspect or accused person to reside in a specific territory; the arrest of the suspected or accused person at his home; the arrest of the suspected or accused person in prison or in a health resort. In the event of stalking, domestic violence and bullying, the victim can ask and obtain a warning against the perpetrator from the local questore. The victim must be informed in case of revocation or replacement of the precautionary measures for the filing of a memory and should be heard, when the Judge deems it necessary.

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RIGHT TO PRIVATE LIFE

The victim and his family members have the right to privacy throughout the proceedings. The fact that the proceedings are made public does not mean that the data relating to private life must also be public, especially when they are not relevant elements. It is not possible to transmit images or sounds of a procedural act, i.e. the trial, unless the judge allows it and there is no opposition from any of the interveners. In proceedings relating to sexual offenses or human trafficking, the Judge may order the court to be closed to the public and the identity of the victims may not be published.

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RIGHT TO AVOID CONTACT WITH THE ACCUSED

The victim has the right not to meet or have contact with the accused, in particular in the Court and in the Police Stations, for example with the use, when possible, of entrance and exit doors and waiting areas for the victim different from the one used by the defendant and his relatives or other persons close to him. Unfortunately, many of the Italian courts are not prepared or able to fully guarantee this right.

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RIGHTS OF VICTIMS WITH SPECIFIC PROTECTION NEEDS

Victims with specific protection needs are those who, based on their personal characteristics, the type or nature of the crime suffered and/or the circumstances in which the crime occurred, are particularly vulnerable due to the repetitive victimisation, secondary victimisation, intimidation or retaliation. They require special treatments, especially in regards to protection measures. This vulnerability should be evaluated case by case, however the victims that need great care are those who have suffered considerable damage after the crime, victims of offences caused by discrimination on the basis of their personal traits or those victims whose relation and sense of dependence from their aggressor rendered them weak and defenceless. So special attention should be paid to victims of terrorism, organised crime, human trafficking, gender-based violence, domestic violence, sexual violence and hate crimes. Regardless of the type of crime suffered, children, the elderly and persons suffering from diseases or disabilities should be given special consideration when assessing specific protection needs. Where a particularly vulnerable victim has to be involved in a procedural act, the Public Prosecutor or the judge must ensure that, irrespective of the application of other measures, such act is carried out under the best possible conditions, in order to ensure the spontaneity and sincerity of the answers: - the testimony phase of the particularly vulnerable victim should take place as soon as possible; - This request must be made by a qualified professional figure and, when the victim has to be heard more than once, the questions must always be asked by the same professional; - The questioning of a victim of sexual violence, gender violence or domestic violence, when not executed by a judge or a prosecutor, should be done by a person of the same sex of the victim if they wish to do so; - Procedural acts should be organised in such a way that the particularly vulnerable witness never encounters certain persons involved in the same trial, especially the accused; - It is necessary to avoid visual contact between the victim and the accused, that person should be heard using concealment or teleconferencing and his presence in the courtroom is not required in this case; - The victim will be questioned by the judge, after that, the Public Prosecutor, the plaintiff’s attorney, the defendant’s attorney and the defendant’s attorney may ask for further questions, which will be made by the judge and not directly by them; - the victim should not be asked questions about their private life that are not related to the crime suffered; - In some cases, procedural proceedings, including the judgement phase, may be conducted without the presence of the public.

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RIGHTS OF VICTIMS RESIDENT IN ANOTHER EU MEMBER STATE

Suffering from a crime in a foreign country places the victim in a particularly vulnerable situation due to lack of knowledge of the available judicial procedures and assistance services, and difficulties in understanding another language. On top of that, the victim’s stay in the country where the crime occurred is usually short, making it difficult for them to participate and monitor the trial. A person resident in a European Union country who has suffered a crime in another EU country may file a complaint with the authorities of their country of residence. The authorities of said country must promptly forward it to the competent authorities of the territory where the crime was committed. In the European Union, the victim of a crime in a country other than that of residence has the opportunity to have his first statements recorded.

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