- 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 return of property
In the course of the investigations or judicial investigation, certain property belonging to the victim may be seized, as it constitutes evidence and is therefore a means of determining the truth. For example, the victim’s car or clothes, in the case of sexual assault, can be used as evidence. If the property seized was not necessary to determine the truth, the owner may claim compensation from the State.
As soon as the items are no longer needed, the victim can ask for them back. They may also request their return at any stage of the procedure. The victim will have to apply to the Public Prosecutor, in the case of preliminary investigations or if the case has been dismissed, or to the judge at subsequent stages of the proceedings.
Once the return has been approved, the owner of the property has one month to claim it back.
Return is made in kind. The owner is summoned by the court clerk or the Office of the Public Prosecutor. They must provide proof of identity and justification for the return.
There are certain cases where property cannot be returned. When the property was the direct cause of the offence, or if it poses a danger to persons or property, the Public Prosecutor may refuse to return the seized property. However, this refusal must not violate the individual’s privacy.
Where return of property is refused, the victim has the right to appeal against this decision to the Investigating Division within one month of the Public Prosecutor’s decision.