1) Member States shall ensure that victims may be heard during criminal proceedings and may provide evidence. Where a child victim is to be heard, due account shall be taken of the child’s age and maturity. As a minimum, Member States shall ensure that victims may provide a victim impact statement, either orally or in writing, during the criminal proceedings, if they so wish.

2) The procedural rules under which victims may be heard during criminal proceedings and may provide evidence or a victim impact statement shall be determined by national law.

The European Commission did not propose changes to this Article in its proposal.

In various Member States, the right to provide evidence at the victim’s initiative and the right to be heard depend on the role victims are allocated by national procedural rules. Given that the proceedings concern them personally, this approach is harmful to victims who consider the ability to testify during criminal proceedings as being important.

The VSE proposal aims to provide recognition to victims who wish to actively participate in the criminal justice process, regardless of their role under national procedural law. It introduces a right, for all victims of crime, to provide a victim impact statement, regardless of their role in proceedings. The ability to present a victim impact statement within criminal proceedings should be considered as it empowers victims, it provides recognition that a crime has affected a victim’s life, and acknowledges that a crime may leave scars.