Criminal proceedings for victims of trafficking within the framework of EU rights cover the following aspects:
- The authorities 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.
Directive 2011/36/EU on preventing and combating trafficking in human beings and Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, in particular victims of trafficking.