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Victims in the european judicial system: study of the Directive 2012/29/EU, of October 25th, 2012

Authors

  • Mercedes Llorente Sánchez Arjona Profesora Contratada Doctora. Departamento Derecho Penal y Procesal. Facultad de Derecho. Universidad de Sevilla
No. 22 (2015): Primer semestre
https://doi.org/10.5354/rej.v0i22.37589

Abstract

The Lisbon Treaty was a major breakthrough in the strengthening and final consolidation of the Area of Justice within the European Union. Article 82.2 of the TFEU completes the framework of procedural harmonization by providing that, in order to facilitate the mutual recognition of judgments in criminal matters containing a crossborder dimension, a set of minimum uniform standards can be established throughout the Union relating to, among other matters, the rights of suspects and defendants, as well as victims’ rights. Based on this article, during recent years several directives have been enacted. These documents try to achieve the desired balance between the interests in security and justice, in order to guarantee a number of inviolable rights to all parties involved in criminal proceedings within the European Union. The Directive 2012/29/UE of the European Parliament and the Council of October 25, 2012 is part of this trend and particularly responds to the need to strengthen the rights, support, and protection of the victims of crime across the European Union. The provisions of the Directive seek to protect crime victims during the development of the legal proceedings, providing solutions aimed at avoiding a “secondary victimization” and establishing a catalogue of rights and protections for victims, who shall be entitled to receive information, support, and adequate protection, taking into account their specific needs and the severity of the harm they have suffered.

Keywords:

European area of freedom, security and justice, victim, secondary victimization, victim’s rights, mutual recognition, procedural harmonization

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How to Cite
Sánchez Arjona, M. L. (2015). Victims in the european judicial system: study of the Directive 2012/29/EU, of October 25th, 2012. Revista De Estudios De La Justicia, (22), pp. 119–141. https://doi.org/10.5354/rej.v0i22.37589
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Revista de Estudios de la Justicia
Facultad de Derecho
Universidad de Chile
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