belgian victim support policy and compensation system the day of the victims of crime (22nd of...
TRANSCRIPT
Belgian victim support policy and compensation system
The Day of the Victims of Crime (22nd of February, 2010, Budapest) Salih Sivri
Content
1. Victim support policy developments in Belgium2. Belgian legislation and different victim status3. Victim support services - at police level - at the level of the Office of public prosecutor - at the level of the Regions and Communities - specific services 4. Victim compensation system - Penal mediation - Mediation for redress - Compensation before the criminal court - Commission for Financial aid for victims of deliberate acts of violence - Belgian Guarantee Fund for victims of traffic accidents
1. Victim support policy developments in Belgium
• Attention to the position and the rights of the victim has grown in the 90’s because of:
- international developments; - shocking criminal events. • Increase of political interest and public pressure. • Result: - many regulations to support the implementation of
initiatives towards victims; - various authorities competent to deal with victim policy.
2. Belgian legislation and different victim status
• The law of 12 March 1998
- magistrates are compelled to treat the victims of crime and their relatives properly and carefully.
• Different victim status
a) Complainer
- victim is not involved in the criminal procedure.
- will not be automatically informed about the result of his complaint except in case of summoning.
b) Declaration as aggrieved party
- automatically receive information on the proceedings of his case.
- may add to his/her file each document that he/she considers necessary.
c) Civil party
- full party in the criminal procedure.
- can obtain compensation for the damages suffered.
- can ask for complementary acts from the public prosecutor or the examining judge.
- can receive a copy from the criminal file.
- give his/her opinion before the decision of conditional release of the suspect.
3. Victim support services
• Since the 80’s various victim support services have been created at different levels:
- at police level; - at the level of the Office of public prosecutor; - at the level of the Regions and Communities; - specific services.• For coordination and cooperation between the different authorities,
the Minister of Justice established a National Forum for Victim Support Policy:
- to draft proposals aimed at improving the position of victims; - coordination between Federal, Community and Regional initiatives
on victim care.
3.1 Assistance to victims at police level
• First assistance to victims of crime by Police Victim Support Services:
- short term support to victims; - the offer of practical information; - referral to other specialized services.• Every police district has an officer for victim assistance: - assisting victims in a non-psychosocial manner; - provision of information to the police officers; - maintenance of contacts with other victim support
services.
3.2 Reception of victims at the level of the Office of public prosecutor
• Since 1997, justice assistants and a liaison magistrate are appointed in each court of first instance.
• Justice Assistants, working in Houses of Justice, specifically assigned to offer Victim Support:
- prevent secondary victimization; - provide practical information; - support the victim when given insight in the criminal file; - support the victim during the proceeding before en
during the trial; - refer victims to the available specialist services.
3.3 Victim Support Services (a competence of the Regions and Communities)
• Private services recognised by the Regions and Communities.
• Specific professional support: - Emotional and psychosocial support; - Information support (victims rights, availability of legal
assistance, reparation, etc.); - Support in contacts with various institutions (insurance
companies, police and judicial authorities, etc.).• They can refer towards a more specialised type of
therapy if required.
3.4 Specific services
a) Centres for victims of Child abuse:
- make child abuse discussible;
- provide the necessary aid to children and parents;
- focus is primarily concentrated on the safety of the child and the restoration of his relations with his parents.
b) Centres for Victims of Human trafficking
• The Centre for Equal Opportunities and Opposition to Racism charged with the specific task to stimulate, coordinate and follow the anti-human trafficking/human smuggling policy.
- may also take legal action and be a civil party. - coordinates the cooperation between three specialised reception
centres for trafficking-victims: PAYOKE (in Antwerp), PAG-ASA (in Brussels) and SURYA (in Liège).
• These centres have the task to provide assistance to victims of trafficking:
- psychosocial and medical assistance; - administrative support; - legal assistance.
b) Centres for Victims of Human trafficking
• Only victims who benefit from the special status of “victim of human trafficking” have the right to the various forms of aid.
• To achieve a residence permit, the victim must satisfy three basic requirements:
- break all contact with the presumed perpetrators of his/her exploitation;
- be supported by a specialised reception centre; - within the possible 45 day period of reflection, make
statements or file a complaint against his/her exploiter or smuggler.
c) Assistance to victims of traffic accidents: new initiatives
• A Government Commissioner for traffic accident victims appointed to align government efforts towards victims.
• An information box was developed on behalf of the police services in order to support the victims of traffic accidents, their relatives and the witnesses.
• On the Flemish side of the country, a new organ, the so called “Rondpunt”, was established in order to provide as much as possible information to everyone who is involved in a traffic accident.
4. Victim compensation system
4.1 Penal mediation• The public prosecutor can formally dismiss a case under
certain conditions namely when the offender fulfils the condition to:
- participate in mediation with the victim on compensation;
- enter medical treatment or therapy;
- accomplish a community service;
- participate in training.
4.2 Mediation for redress
• Basic idea:
- to facilitate communication;
- to help parties to reach by themselves an agreement concerning conciliation and restoration, outside the penal procedure.
• In contrast to penal mediation, the mediation process is conducted by mediation organizations from outside the criminal justice system.
• The parties are fully free to participate in the mediation.• The prosecutor or the judge is free to use the outcome of the
mediation process in his/her further decisions concerning the criminal case.
4.3 Compensation before the criminal court
• The victim may also demand compensation before the criminal court (or civil court) if he/she is a civil party.
4.4 Commission for Financial aid for victims of deliberate acts of violence
• The victim may file a petition in order to obtain compensation from the Commission for financial aid for victims of deliberate acts of violence when:
- offender is unknown;
- offender appears to be financially insolvent. • This commission is funded by the offenders. • The possibility of compensation is limited to individuals
who have suffered a deliberate act of violence, but also to:
4.4 Commission for Financial aid for victims of deliberate acts of violence
- the parents or legal tutors of a minor who needs long-term medical treatment or therapy;
- the family relatives (up to second degree) or relatives who were living in a lasting family relationship of a person who died from the consequences of a deliberate act of violence;
- the relatives up to a second degree of a victim or the relatives who were living in a lasting family relationship with a victim who has disappeared for over a year, where it is accepted that the disappearance is most likely due to a deliberate act of violence.
4.5 Belgian Guarantee Fund for victims of traffic accidents
• Victims of traffic accidents may obtain compensation from the Belgian Guarantee Fund when:
- the vehicle of the driver (the offender) is not insured;
- the liable driver can not be identified (unknown). • The Fund has two basic missions:
- provide information to victims;
- compensate victims for damages in the cases stated by law.
Thank you for your attention
Salih Sivri (adviser)
Service for Criminal Policy
Ministry of Justice, Belgium
Hallepoortlaan 5-8, 1060 Brussels
Tel: +32 2 542 74 79
Fax: +32 2 542 74 44