Criminal processes for victims of trafficking

• The authorities (police, public prosecutor's office, social services, NGOs) must identify potential victims of trafficking, even before a formal complaint is made.
• Presumption of vulnerability: Directive 2011/36/EU recognises that victims may need immediate protection from retaliation.

Immediate protection measures:

• Transfer to a safe place.
• Healthcare and psychological assistance.
• Access to free legal advice.
• Reflection period: The Directive allows a period of at least 30 days for the victim to decide whether to cooperate with the justice system, without being pressured to testify immediately.

• The victim may file a complaint with the Public Prosecutor's Office or with the police.
• Right to clear and understandable information about the criminal proceedings, their rights and legal options.

• The victim has the right to be informed about the progress of the case.
• Testimony as a protected witness:
  • Possibility of testifying from safe locations or via videoconference.
  • Identity protection to prevent intimidation.
• Right to free legal assistance throughout the investigation and trial phases.

• Respect for the dignity and privacy of the victim.
• Avoidance of revictimisation during questioning or legal proceedings.
• Access to interpreters or mediators if the victim does not speak the language of the country.
• The victim may participate in order to claim compensation and damages.

According to Directive 2012/29/EU.

• Physical protection: safety at home or in temporary shelters.
• Protection of personal data: anonymity in court documents and in the media.
• Protection from contact with the perpetrator: physical separation during hearings.
• Access to ongoing psychological and social support, even after the trial.

• Right to claim financial compensation for physical, psychological or material damage.
• Possibility of receiving financial and social assistance to reintegrate into normal life, including housing, education and employment.

• Comprehensive rehabilitation programmes: medical, psychological and social care.
• Assistance with integration into the world of work or education, promoting the victim's independence.
• For foreign victims: access to temporary residence permits or international protection, in order to ensure that they can cooperate with the justice system without risk of expulsion.

• Non-criminalisation of victims: Victims shall not be prosecuted for offences committed as a result of trafficking.
• Victim-centred approach: Protection, information, assistance and effective participation.
• Confidentiality and privacy: To avoid stigmatisation or reprisals.
• Access to justice and redress: Right to be heard, to receive support and to obtain compensation.
• Multidisciplinary coordination: Judicial authorities, police, social services and NGOs working together to protect the victim.