- I was a victim of a criminal offence: consequences and reactions
- The rights of victims of a criminal offence
- Right to be treated with respect and dignity
- Right to privacy
- Right to information about rights from the first contact with the competent authority
- Right to be heard
- Right to interpretation and translation
- Right to be accompanied by a victim support association
- Right to be accompanied by a legal representative and an adult of your choice
- Right to declare a third party’s address as a home address (with their consent)
- Right to return of property
- Right to compensation
- Right to legal aid
- Right to an individualised assessment
- Right to specific protection measures
- Social protection rights
- Right to an alternative to criminal proceedings: mediation
- Right to benefit from restorative justice measures
- Right to information on appeals and remedies
- Criminal proceedings
- Who is who in criminal proceedings
Right to an individualised assessment
The 2012 Victims’ Rights Directive introduced a new right of victims to an individual and personal evaluation to determine their protection needs (EValuation of VIctims, EVVI).
The purpose of this evaluation is to identify the needs of victims in order to determine whether specific protection measures are required during the criminal proceedings.
The EVVI is a general evaluation for all victims. Most of the time it is performed when filing a complaint, to determine the extent of the harm suffered, the circumstances of the crime and the risks faced by the victim, and to identify victims who may need further assessment.
It is carried out at this stage by the police or gendarmerie, who then record the results in a report.
The police or gendarmerie may alert the Public Prosecutor’s Office, which in turn, if it deems it appropriate, will refer the case to a victim support association for an in-depth assessment of the situation and level of vulnerability.
In several jurisdictions, victim support associations will routinely conduct an EVVI for certain types of offences (domestic violence, violence within the family).
The victim support association then carries out a more detailed assessment to determine the relevant measures to meet the needs of the victims (for instance: appointment of an ad hoc administrator, activation of the Serious Danger Telephone mechanism), avoid repeated victimisation, and for their protection.
Its findings are recorded in a notice to the Public Prosecutor’s Office, which will decide whether to implement these measures.
In addition, the EVVI can be carried out at all stages of the procedure, including when enforcing sentences, when the offender is granted leave or released from custody.