Toward an expansion of the victim's position during pretrial proceedings?

Toward an expansion of the victim's position during pretrial proceedings?

As a victim of a crime, criminal proceedings can seem like a tangle. This is because with the secrecy of the investigation, several things are being investigated without your knowledge.

The legislature has already done much in the past to improve the position of victims during criminal proceedings. For example, as a victim you have the right to be informed. As a civil party, one can request to inspect the file. Also, as a civil party, one can propose to the investigating judge to investigate certain matters.

In addition, since 2013, victims can be kept informed about the sentencing modalities. It is required by law to keep the victim informed about such decisions. As a victim, you will be notified in writing to this effect within 24 hours.

To date, however, the victim has no right to information regarding pretrial detention. This means that as a victim, you are not kept informed when the crime suspect is arrested, released on conditions or allowed to leave prison under electronic surveillance. Especially if you have been the victim of crimes such as stalking, threatening, hostage-taking or other crimes that may affect your physical integrity, this information may be useful, however. The impact of a crime on victims' sense of security cannot be understated.

This was also the opinion of the legislature. At the turn of the year, a bill was introduced to change this situation. More precisely, the legislator wishes to introduce a general obligation to provide information in order to keep victims informed about the suspect's pretrial detention.

In this way, the victim will be informed of all decisions regarding the issuance of an arrest warrant, the maintenance of pretrial detention, the lifting of the arrest, release under conditions, release under conditions.

The proposal is limited to victims of crimes that are affect physical integrity. In other words, the bill involves a recognition of the fear and stress that such crimes generate, and this even in the context of pretrial proceedings.

As mentioned above, the above is a proposal. Thus, the law will still have to be voted on by parliament. It is certainly not inconceivable that this proposal will actually be voted on, given that Directive 2012/29/EU of the European Parliament and the Council of October 25, 2012 also provides for the right to information for victims in the context of pre-trial detention.

If you are the victim of a crime, as a specialist in the matter, we will assist you on the possibilities of complaint civil action and the representation of your interests in the preliminary investigation. Contact us through this link.