CHAPTER 4

PROTECTION OF VICTIMS AND RECOGNITION OF VICTIMS WITH SPECIFIC PROTECTION NEEDS

Right to protection of victims with specific protection needs during criminal proceedings
Article 23
1
Without prejudice to the rights of the defence and in accordance with rules of judicial discretion, Member States shall ensure that victims with specific protection needs who benefit from special measures identified as a result of an individual assessment provided for in Article 22(1), may benefit from the measures provided for in paragraphs 2 and 3 of this Article. A special measure envisaged following the individual assessment shall not be made available if operational or practical constraints make this impossible, or where there is a an urgent need to interview the victim and failure to do so could harm the victim or another person or could prejudice the course of the proceedings.
2
The following measures shall be available during criminal investigations to victims with specific protection needs identified in accordance with Article 22(1):
a
interviews with the victim being carried out in premises designed or adapted for that purpose;
b
interviews with the victim being carried out by or through professionals trained for that purpose;
c
all interviews with the victim being conducted by the same persons unless this is contrary to the good administration of justice;
d
all interviews with victims of sexual violence, gender-based violence or violence in close relationships, unless conducted by a prosecutor or a judge, being conducted by a person of the same sex as the victim, if the victim so wishes, provided that the course of the criminal proceedings will not be prejudiced.
3
The following measures shall be available for victims with specific protection needs identified in accordance with Article 22(1) during court proceedings:
a
measures to avoid visual contact between victims and offenders including during the giving of evidence, by appropriate means including the use of communication technology;
b
measures to ensure that the victim may be heard in the courtroom without being present, in particular through the use of appropriate communication technology;
c
measures to avoid unnecessary questioning concerning the victim's private life not related to the criminal offence; and
d
measures allowing a hearing to take place without the presence of the public.