ABSTRACT

During the past two decades, nearly all modem criminal justice systems have been reformed on behalf of victims of crime. In most jurisdictions change has been achieved by introducing new procedural rights for individual victims. It is striking to observe the similarities of victims' rights which have been introduced or expanded in criminal justice systems which are otherwise hardly comparable. In this way, the Anglo-American adversarial systems on the one hand and the more inquisitorial systems on the European continent on the other have come to harbour nearly identical provisions with respect to the interests of crime victims. In countries of both legal families law enforcement officers are now required by law to treat victims with respect for their dignity. Nowadays, the police and the prosecutor's office must supply the victim with information and explanation about the progress of the case. In many jurisdictions the victim has acquired a right to provide information to officials responsible for making decisions relating to the offender. Victims furthermore have often been granted the right to have legal advice available, regardless of their means. Attention has also been paid to the right to protection, both of their privacy and of their physical safety. Finally, many nations have improved systems in order to promote reparation to be paid by the offender or - in cases where this proves to be impossible - State compensation. l

* Tilburg University, The Netherlands. I. It is no coincidence that these are the legal rights which have most frequently been introduced in various national criminal justice systems. The examples mentioned reflect the standards set by documents adopted by the international community. See for example the United Nations Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power (1985); the Council of Europe Recommendation on the Position of the Victim in the Framework of Criminal Law and Procedure (1985); and the Statement of Victims' Rights in the Process of Criminal Justice (by the European Forum for Victim Services, 1996).