Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 10/09/2008

Subject: The Court, interpreting the framework decision 2001/220/JHA on the standing of victims in criminal proceedings, affirmed that this act while requiring Member States, first, to ensure that victims enjoy a high level of protection and have a real role in their criminal legal system and, second, to recognise victims’ rights and legitimate interests and ensure that they can be heard and supply evidence, leaves the national authorities a large measure of discretion with regards to the specific means by which they implement those objectives. The Court therefore ruled that the framework decision is to be interpreted as not obliging a national court to permit the victim to be heard as a witness in criminal proceedings instituted by a substitute private prosecution such as that in issue in the main proceedings. However, in the absence of such a possibility, it must be possible for the victim to be permitted to give testimony which can be taken into account as evidence.

Parties: Győrgy Katz

Classification: Justice - Art. 47 Justice: remedy

Text