The stipulation of the EU Directive on Victims’ Rights that special needs for protection of the victim have to be recognised initially and need to be considered during the further proceedings is by no means trivial. According to experience, police do obtain such information and often also base the measures for the prevention of danger on this information. However, it is not systematically incorporated in the criminal proceedings because it is assumed this information is of no particular significance to criminal investigation. The prosecutor’s office itself has contact to victims only in exceptional cases and is therefore only able to get an impression based on the files. This leaves the question as to how such an evaluation can occur regularly. The study shows that the cooperation of police and victim protection services could be improved particularly with respect to the risk assessment.
The psychosocial support during proceedings now establishes an instrument which is suitable in certain cases to recognise the protection needs and to claim them during the entire legal proceedings. Psychosocial support has already taken on this role in some federal states (e.g. Lower Saxony), but it was not incorporated in the course of the 3. Act to reform the protection of victims’ rights. Its significance in terms of the criminal proceedings will still have to prove itself during the next few years. Still, there is no information requirement from victim support facilities to the justice system.
With respect to the criminal proceedings, the study showed that the justice system itself principally possesses suitable instruments to establish special needs of the victim. Thus, public prosecutors at different locations increasingly revert to information through court assistance in cases of domestic violence. Court assistance is employed for the establishment of the consequences of the criminal act and the background, offender and victim situation as well as for the better understanding of the victim’s needs. For this purpose, court assistance contacts the victim (sometimes also the offender).
On one hand, positive effects are described for the victims, who are informed about the ongoing procedures in this context, who can take informed decisions based on this information and who can also find out about and be awarded possible assistance.
On the other, the effects for the criminal proceedings are positive, because the victim’s report provides information on the willingness to testify and the interests of the victim and allows their consideration in the determination of possible conditions in case of discontinuation and/or sentence. The contact with court assistance thus contributes to improved participation and potentially more successful criminal prosecution. It is essential for the success of this instrument that an internal judicial instance legally established in § 160 (3) StPO (German Code of Criminal Procedure) supplies the information. The victim’s report of the court assistance forms part of the investigative file.
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Example for good practice I:
Court assistance Marburg
Example for good practice II:
AJSD Bückeburg
Victim support and information for the prosecutor in cases of domestic violence at the earliest possible time One peculiarity of the Marburg model is the fact that the police, on behalf of the prosecutor, inform court assistance by way of fax directly after a discovery of the domestic violence case. This way, court assistance can contact the affected family at the same or the following day in writing;
the family is generally contacted again after four weeks. Court assistance visits the victim at home; appointments with the offender are conducted in the office of court assistance. Court assistance Marburg not only sees its function as social reporting of the background of victim and offender, the relationship constellation and the incident but, upon request, also as a supporting facility accompanying the victim throughout the investigation and criminal proceedings, referring support and networking closely with other relevant authorities (e.g. the police).
Standardised application of court assistance in cases of domestic violence - victim report as information and support tool
The model “Standardised victim report in proceedings of domestic violence (StOp HG)” was tested and evaluated by the public prosecutor’s office Bückeburg in 2014. The prosecutor’s office commissions a report in all cases of domestic violence, which is processed by court assistance.
For this purpose, court assistance contacts the victim and visits him/her at home, if possible. The report is usually commissioned within 1-3 months following the filing of the report. The victims - according to experience - make their statement voluntarily and in detail. This procedure often causes that, despite the ambivalence of the victim or meanwhile lack of willingness to make a statement, it is possible to continue the investigation and lodge a complaint, because the victims are aware of alternatives to prision sentence and/or pecuniary fines, such as conditions for the offender.
Mundt, T. & Goldmann, T. (12.2.2015).
Standardisierter Opferbericht in Verfahren Häuslicher Gewalt (StOp HG). Bückeburg
# Understanding and being understood (Article 3, 5, 7)
Victims are entitled to understand which procedural steps to expect, what exactly will happen to them, which rights and which obligations they have and they have the right to be able to understand the questions posed to them and to be heard and understood. Also this requirement is by no means trivial and is not limited to issues of translation.
An analysis of procedural files revealed extreme need for improvement for police and courts in matters of translation services and the availability of information in the native language. Experts sometimes criticise the lack of female and neutral interpreters (without contact to the offender). Police officers as well as special consultancies sometimes revert to the multi-language offer of the national helpline, which has often proven to be very beneficial.
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It is often the case that professional interpretation is not offered during the questioning by police. Instead, victims with a suspected need are asked to procure an interpreter.
Also the summonses to court and hearings are composed in German. This can lead to the victim not appearing, which can be interpreted as a refusal to make a statement. Interpreters before the court are usually summoned for the accused and subsequently translate also the statement of the victim, if required. This can have a significant impact on the neutrality of the interpretation.
Although leaflets for witness information are available in many languages, they are considered to be difficult to understand by the questioned experts, even in the German language. There is a lack of barrier-free leaflets and brochures, e.g. in simple language.
There was the contemplation: could we not write entirely different letters, not in this bureaucratic language, which nobody understands anyway?
Public prosecutor
It is also hardly considered that victims may not be able to read sufficiently to understand standardised letters from the police and the justice system. Experts, even from the justice system, assume that relevant information needs to be explained verbally.
Here, instruments such as court assistance or psychosocial support can offer significant assistance to victims by explaining procedural steps and letters in their context. Also the victim protection and counselling services can provide valuable support in this context.
The communication with the victim purely by post, as is the case at times when victims also fail to appear at police questioning, can lead to fatal misinterpretations because, from the viewpoint of police and prosecutor, the reasons for the absence of the victim are often not discernible. Although it is possible that the victim is not interested in criminal prosecution, it is just as likely that the offender intercepts the letters and/or places the victim under pressure to waive making a statement. This can only be clarified by way of personal contact (e.g. police, summons by prosecutor or court assistance).
# Information (Article 4, 6)
Information regarding proceedings and victims’ rights, protection and support options are essential for victims of criminal offenses. However, victims do not receive the necessary information reliably and can often only process it once it is explained and they have been simultaneously provided with assistance. It is particularly the function of the police as first contact point to convey the necessary information regarding further proceedings and support options in a suitable manner and to provide referrals to victim consultation and intervention facilities.
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The passing on of information by the police is predominately considered to be positive and well established; however, when interviewing victims it became obvious that there was still room for improvement despite the established procedures at the police.
Thus, verbal information regarding support options often seem to be lacking and in some cases even depend on whether the victim displays signs of emotional stress.
This can lead to misjudgements, particularly in cases of not immediately evident traumatisation. Another basic problem is the fact that psychosocial support is not known everywhere yet.
However, also accessory prosecution representation and/or solicitors sometimes provide incorrect information and references. At the same time, prosecuting offices assume that legally represented victims do not require further information from them.
This still results in victims failing to receive complete information regarding support options in many cases. The study shows the need for improvement with respect to information regarding court protection orders and procedural rights in the further course of events.
Court assistance with their proactive approach as well as psychosocial support have proven to be sensible instruments for the assurance of information for victims with respect to procedures and support options.