Victim's Rights - Comparative Approach within EU Legislation

• Author: Monica Pocora
• Position: Senior Lecturer, PhD, Faculty of Law, 'Danubius' University of Galati
• Pages: 122-125

European Integration - Realities and Perspectives 2014

122

Victim's Rights - Comparative Approach within EU Legislation

Monica Pocora

1

Abstract: Usually is talking about offender rights and rarely about victim's rights. This study aims to analyse

victim's rights especially in Romanian legislation from all points of view. Having involuntary fallen victim to

crime, the person is often unaware of what information is available. It is therefore important that the onus is

not put on the victim to request a certain piece of information. Victims of crimes need to have their important

role in the criminal proceedings and he or she has to know about the extension of them rights. Not least, the

study is focus on th e right of the victim to re ceive information, not to be made responsible for the

practicalities surrounding its delivery.

Keywords: interpretation; hearing; assistance; support; advice

1. Introduction

Victims need information on what their rights are and what services they can access, in order to

participate in the criminal justice process or access any other rights. Victims' right to information is

therefore one of the most important rights in the aftermath of crime.

The costs for initiating criminal proceedings against a person who has committed a crime represent an

obstacle for the victim of that offense, so it is necessary to provide free legal assistance to victims if it

meets certain conditions stated by national or international law (in the case of cross border crime).

In some circumstances the legal systems of the EU Member States provides exemption from all or

some of the costs or support costs for benefits and providing a public defendant who will provide legal

assistance in the prosecuting phase or in front of a court, or paying a modest fee for legal counsel.

2. Legislation

Art. 6 paragraph 3 letter c from the European Convention of Human Rights regulated the right to lega l

counsel, that guarantees the right of the accused to be assisted without charge by a lawyer if he does

not have the means to pay a defense counsel when the justice interests requires it (Directive

2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime,

and replacing Council Framework Decision 2001/220/JHA).

In all of the EU Member States there is a legal assistance system, but if there is a dispute between two

or more parties and at least one of them lacks sufficient financial resources to promote a lawsuit or has

insufficient financial resources to benefit from the services of counsel during the trial, the party may

apply for legal aid under national regulations.

1 Senior Lecturer, PhD, Faculty of Law, “Danubius” University o f Galati, Address: 3 Galati Boulevard, 800654 Galati,

Romania, Tel.: +40.372.361.102, Fax: +40.372.361.290, Corresponding author: monicapocora@univ-danubius.ro.