>
eurocrim
>
Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceed...
Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings
Laws
Bills, preliminary documents
|
Initiative of the Portuguese Republic with a view to adopting a Council Framework Decision on the standing of victims in criminal procedure,
OJ 2000 C 243 of 2000-08-23, p. 4-8
(
 )
|
Evaluation, Reports
|
Report from the Commission pursuant to Article 18 of the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (2001/220/JHA),
COM(2009) 166 of 2009-04-19
(
)
|
Judicial Decisions
|
EuGH (Zweite Kammer),
Judgment of 2011-12-20, Case C-507/10 (X)
·
External sources:
InfoCuria
Articles 2, 3 and 8(4) of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings, must be interpreted as not precluding provisions of national law, such as Articles 392(1a), 398(5a) and 394 of the Italian Code of Criminal Procedure, which, first, do not impose on the Public Prosecutor any obligation to apply to the competent court so that a victim who is particularly vulnerable may be heard and give evidence under the arrangements of the incidente probatorio during the investigation phase of criminal proceedings and, second, do not give to that victim the right to bring an appeal before a court against that decision of the Public Prosecutor rejecting his or her request to be heard and to give evidence under those arrangements.
|
|
ECJ (Fourth Chamber),
Judgment of 2011-09-14, Case C-483/09 (Magatte Gueye & Valentín Salmerón Sánchez - C-1/10)
·
External sources:
InfoCuria
1. Articles 2, 3 and 8 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as not precluding the mandatory imposition of an injunction to stay away for a minimum period, provided for as an ancillary penalty by the criminal law of a Member State, on persons who commit crimes of violence within the family, even when the victims of those crimes oppose the application of such a penalty.
2. Article 10(1) of Framework Decision 2001/220 must be interpreted as permitting Member States, having regard to the particular category of offences committed within the family, to exclude recourse to mediation in all criminal proceedings relating to such offences.
|
|
ECJ (Third Chamber),
Judgment of 2008-10-08, Case C-404/07 (Győrgy Katz v István Roland Sós)
·
External sources:
InfoCuria
Articles 2 and 3 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings are to be interpreted as not obliging a national court to permit the victim to be heard as a witness in criminal proceedings instituted by a substitute private prosecution such as that in issue in the main proceedings. However, in the absence of such a possibility, it must be possible for the victim to be permitted to give testimony which can be taken into account as evidence.
|
|
ECJ (Third Chamber),
Judgment of 2007-06-27, Case C-467/05 (Giovanni Dell'Orto)
(
)
·
External sources:
InfoCuria
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as meaning that, in criminal proceedings and, in particular, in enforcement proceedings following a judgment which resulted in a final criminal conviction, such as those in the main action, the concept of ‘victim’ for the purposes of the Framework Decision does not include legal persons who have suffered harm directly caused by acts or omissions that are in violation of the criminal law of a Member State.
|
|
ECJ (Grand Chamber),
Judgment of 2005-06-15, Case C-105/03 (Maria Pupino)
(
)
·
External sources:
InfoCuria
Articles 2, 3 and 8(4) of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as meaning that the national court must be able to authorise young children, who, as in this case, claim to have been victims of maltreatment, to give their testimony in accordance with arrangements allowing those children to be guaranteed an appropriate level of protection, for example outside the trial and before it takes place.
The national court is required to take into consideration all the rules of national law and to interpret them, so far as possible, in the light of the wording and purpose of the Framework Decision.
|
Topics affected by this act:
