Member State approaches to victims: conceptualisation of victims and their role in criminal proceedings

The conceptualisation of the victim in the normative (legal and cultural) framework, and the role the victim is seen as having in the criminal procedure depends strongly on the historical development of the legal framework in each individual Member State, and in turn influences the conceptualisation of victim support services. The diverse approaches to victims’ rights reflect different understandings of the concept of the victim itself. This variety largely remains despite EU legislation for victims of crime having been in place since 2001.

In this respect, it appears that in EU Member States three basic models can be distinguished. In reality, these abstract models often overlap and should therefore be seen rather as points of departure from which the individual national systems deviate to a lesser or greater degree. It should also be emphasised that these models are based on legislation, whereas practice may be much better or worse. This classification is nevertheless useful for understanding the underlying reasons for the existing differences in the rights and practical position of victims in various EU Member States.

 

Member State approaches to victims: conceptualisation of victims and their role in criminal proceedings
  1. Rights-approach: Victims have rights to participate in proceedings and have an accusatorial function (Nebenkläger) 2. Partie civile: Victims can pursue civil law claims in criminal proceedings 3. Common law approach: Victims are seen mainly as witnesses
AT    
BE    
BG    
CY    
CZ    
DE    
DK    
EE    
EL    
ES    
FI    
FR    
HR    
HU    
IE    
IT    
LT    
LU    
LV    
MT    
NL    
PL    
PT    
RO    
SE    
SI    
SK    
UK    
Total 10 15 3

Note: EU Member States by predominant approach as assessed by FRA national research contractors.

Conceptualisation of victims and their role in criminal proceedings: three different approaches

 
 

Source: FRA, 2014

  Rights-approach: Victims can participate in proceedings and have an accusatorial function
  Partie civile: Victims can pursue civil law claims in criminal proceedings
  Common law approach: Victims are seen mainly as witnesses