Article 26 – Rights of victims resident in another Member State
Article 26 – Rights of victims resident in another Member State
1) Member States shall ensure that their competent authorities can take appropriate measures to minimise the difficulties faced where the victim is a resident of a Member State other than that where the criminal offence was committed, particularly with regard to the organisation of the proceedings. For this purpose, the authorities of the Member State where the criminal offence was committed shall, in particular, be in a position:
a) to take a statement from the victim immediately after the complaint with regard to the criminal offence is made to the competent authority;
b) to have recourse to the extent possible to the provisions on video conferencing and telephone conference calls laid down in the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (17) for the purpose of hearing victims who are resident abroad to facilitate participation in criminal proceedings of victims who are resident abroad.
2) Member States shall ensure that victims of a criminal offence committed in Member States other than that where they reside may make a complaint to the competent authorities of the Member State of residence, if they are unable to do so in the Member State where the criminal offence was committed or, in the event of a serious offence, as determined by national law of that Member State, if they do not wish to do so.
3) Member States shall ensure that the competent authority to which the victim makes a complaint transmits it without delay to the competent authority of the Member State in which the criminal offence was committed, if the competence to institute the proceedings has not been exercised by the Member State in which the complaint was made.
4) Member States shall ensure that the competent authorities may request assistance from Eurojust and transmit to Eurojust the information aimed at facilitating cooperation with the competent authorities of other Member States in cross-border cases.
COMMENTARY – Article 26
The European Commission proposed amendments to the article on the rights of victims resident in another Member State. VSE is supportive of these amendments, because cross-border victims often experience additional problems in accessing their rights across the EU. VSE does not propose additional changes to this article, but addresses matters that particularly affect cross-border victims in amendments to other articles of the Directive, such as the proposed changes to the right to translation and interpretation.