- VICTIM SUPPORT
- THE RIGHTS OF VICTIMS OF CRIME
- Victims right to understand and to be understood
- Right to receive information from the very first contact with the competent authority
- Victims’ rights when making a complaint
- Victims’ right to receive information about their case
- The right to translation
- The right to access victim support services
- Support from victim support services
- Right to safeguards in terms of restorative justice services
- Victims’ rights who reside in another EU member state
- Right to avoid contact between victim and offender
- Victim protection during the criminal investigation
- Protection of private life
- Individual assessment of victims- Special protection
- Right to protection of victims with special needs during criminal proceedings
- Rights of the witness of crime
- CRIMINAL COURT PROCEEDINGS
- WHO IS WHO IN CRIMINAL PROCEEDINGS
- I WAS A VICTIM OF CRIME: COMMON REACTIONS
Individual assessment of victims- Special protection
(according to Article 68 of Law 4478/2017)
For the first time in the Greek legal order, individual assessment of victims at risk of secondary or multiple victimization, intimidation, and retaliation is provided for. Special protection is provided to ‘vulnerable’ victims, such as victims of trafficking in human beings, terrorism, organized crime, interpersonal violence, sexual violence or exploitation, gender-based violence, hate crimes, victims with disabilities and minor victims.
Specifically, Article 68 of Law 4478/2017 provides the following:
1. Without prejudice to the provisions on the personal and functional independence of judicial officers, the law enforcement, prosecutorial, and judicial authorities before which the case is pending shall, at the request of the victim, inform and refer him or her to the Juvenile Probation Service and Probation Service for Adults of the Ministry of Justice, Transparency and Human Rights, who shall promptly conduct an individual assessment of the victim to identify any special protection needs they may have in order to assess whether or not, and the extent to which, the victim may benefit from special protection measures during the course of the criminal proceedings, as provided for in Article 69, in order to avoid the risk of secondary and repeated victimization, intimidation and retaliation.
2. During the individual assessment, the following are chiefly taken into consideration:
- (a) the personal characteristics of the victim, such as age, race, skin color, religion, national or ethnic origin, sexual orientation, gender identity or characteristics or disability, residence or domicile status, communication difficulties, relationship of kinship or other dependency with the offender, as well as any history of previous victimization,
- (b) the degree of harm suffered by the victim, the type, seriousness and nature of the crime, particularly terrorism, organized crime, trafficking in human beings, gender-based violence, racist violence, domestic violence, sexual violence or exploitation, or hate crime,
- (c) the circumstances of the crime.
3. The minor victim requires special protection due to a particular risk of secondary and recurrent victimization, intimidation and retaliation and, for this purpose, shall undergo an individual assessment in accordance with paragraph 1 hereof by the Independent Offices for Minor Victims of the Juvenile Probation Service and Probation Service for Adults of the Ministry of Justice, Transparency and Human Rights, and where these do not exist, by the Independent Offices of Juvenile Probation Service and Probation Service for Adults, in cooperation with a specialist child psychologist or child psychiatrist from the mental health structures and, in the absence of such a specialist, a psychologist or psychiatrist, and a decision is taken as to whether or not and the extent to which the child benefits from the special measures outlined in Article 69. Individual assessment of minor victims is carried out by the Departments of Social Welfare Officers and the Independent Offices of Juvenile Probation Service and Probation Service for Adults of the above-mentioned Service of the Ministry of Justice, Transparency and Human Rights. Individual assessment by the above mentioned Independent Offices shall be carried out by the officers of each branch according to the age of the victim.
4. The special protection measures provided for in Article 69 shall be taken with the consent of the victim
5. The individual assessment shall be updated throughout the criminal proceedings if the circumstances on which it was based change substantially.