The victim is entitled to the indemnity for such time as the employment would have been available and for such time as he is unable to hold it. A victim entitled to an income replacement indemnity under this section and under section 40 or section 41 cannot receive both indemnities but shall receive the greater of the two for as long as the situation prevails. He is entitled to the indemnity until the date envisaged for completion of his current studies, for such time as he remains unable to begin or continue his studies.
The indemnity is computed on the basis of the benefits or allowances that would have been paid to him. The victim is entitled to the indemnity for such time as the employment would have been available and for such time as he remains unable to hold it.
The indemnity is computed in accordance with the provisions of section A victim entitled to an income replacement indemnity under this section and under section 47 or section 48 cannot receive both indemnities but shall receive the greater of the two for as long as the situation prevails.
The victim ceases to be entitled to the indemnity on the date which occurs four years after the date of the manifestation of the injury. During that period, the victim is entitled to the indemnity, in the case described in subparagraph 1 of the first paragraph, for such time as the employment would have been available and for such time as he is unable to hold it and, in the case described in subparagraph 2 of the first paragraph, for such time as he is deprived of the benefits or allowances.
From the one hundred and eighty-first day after the date of the manifestation of the injury, the victim is entitled to an income replacement indemnity computed in accordance with the provisions of sections 29 and 30, subject to section The indemnity to which a victim to whom subparagraph 2 of the first paragraph of section 51 applies is entitled shall be computed on the basis of the benefits or allowances that would have been paid to him.
The victim ceases to be entitled to such an indemnity when he reaches 68 years of age. The employment must be one which the victim could ordinarily have held on a full-time or, failing that, a part-time basis. The employment, in accordance with the regulation of the Government, must be one that exists in the region in which the victim resides and that he is ordinarily able to hold on a full-time or, failing that, on a part-time basis.
The first paragraph does not apply, however, where the victim, on the date of the examination, is entitled to an income replacement indemnity under paragraph 4 of section 58 or section However, subject to sections 49, 53, 65 and 66, the income replacement indemnity of a victim who ordinarily held full-time employment, or of a victim for whom the Minister determines employment from the one hundred and eighty-first day following the date of the manifestation of the injury, in accordance with the provisions of section 54, shall not be less than the indemnity that would be computed on the basis of a gross annual income determined on the basis of the minimum wage as defined in section 3 of the Regulation respecting labour standards c.
The Acts mentioned in the first paragraph apply as they read on 31 December of the year preceding that for which the Minister makes the computation of net income under this chapter. For the purposes of this section, the Minister shall use the data furnished by Statistics Canada as of 1 October of the year preceding the year for which the amount of the Maximum Yearly Insurable Earnings is computed.
If, on 1 October in any year, the data furnished by Statistics Canada are incomplete, the Minister may use the data available at that time to determine the Maximum Yearly Insurable Earnings.
If Statistics Canada uses a new method to determine the average of weekly salaries and wages, the Minister shall adjust the computation of the amount of the Maximum Yearly Insurable Earnings in relation to the evolution of the average of weekly salaries and wages from 1 January of the year following the change of method. This section does not apply in the case of an indemnity reduced in accordance with the provisions of section If, however, the indemnity computed on the basis of the gross income actually earned by the victim at the time of the relapse is greater than the indemnity to which the victim would be entitled under the first paragraph, the victim shall receive the greater of the two.
If the victim suffers a relapse more than two years after the time indicated in the first paragraph, he shall receive compensation as if the relapse were another injury. He shall, however, receive the greater of the indemnities to which he is entitled.
If an impairment is not listed in the schedule, a percentage shall be determined for it, using as guidelines the impairments of a similar nature that are listed. If the permanent impairment affects symmetrical organs, or an organ symmetrical to one already impaired, the Minister shall grant an additional percentage determined in accordance with the regulation of the Government on the basis of the anatomical or functional nature of the impairment. A disability is severe if the person is ordinarily incapable of pursuing any substantially gainful occupation.
It is prolonged if it is likely to result in death or be of indefinite duration. If the spouse is disabled on that date, the lump sum indemnity to which he is entitled is computed according to the factors appearing in Schedule III.
For the purposes of this section, the posthumous child of the victim is deemed to be a dependant under one year of age. The person is entitled to the indemnity for as long as he assumes the maintenance of the child. Expenses are reimbursed, on presentation of vouchers and according to the terms and conditions determined by regulation of the Government, up to the amount determined in the regulation.
In the cases determined by regulation of the Government, the Minister may replace the reimbursement of personal assistance expenses by an equivalent weekly allowance. States should consider incorporating into the national law norms proscribing abuses of power and providing remedies to victims of such abuses. States should consider negotiating multilateral international treaties relating to victims, as defined in paragraph States should periodically review existing legislation and practices to ensure their responsiveness to changing circumstances, should enact and enforce, if necessary, legislation proscribing acts that constitute serious abuses of political or economic power, as well as promoting policies and mechanisms for the prevention of such acts, and should develop and make readily available appropriate rights and remedies for victims of such acts.
The core international human rights instruments. Universal human rights instruments. The International Bill of Human Rights. Turn on more accessible mode. Turn off more accessible mode. Victims of crime 1. In all contacts with a competent authority operating within the context of criminal proceedings, and any service coming into contact with victims, such as victim support or restorative justice services, the personal situation and immediate needs, age, gender, possible disability and maturity of victims of crime should be taken into account while fully respecting their physical, mental and moral integrity.
Victims of crime should be protected from secondary and repeat victimisation, from intimidation and from retaliation, should receive appropriate support to facilitate their recovery and should be provided with sufficient access to justice. This Directive does not address the conditions of the residence of victims of crime in the territory of the Member States. Member States should take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status in their territory or on the victim's citizenship or nationality.
Reporting a crime and participating in criminal proceedings do not create any rights regarding the residence status of the victim. This Directive lays down minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. The rights set out in this Directive are without prejudice to the rights of the offender.
However, for the purposes of this Directive, it also refers to a suspected or accused person before any acknowledgement of guilt or conviction, and it is without prejudice to the presumption of innocence. This Directive applies in relation to criminal offences committed in the Union and to criminal proceedings that take place in the Union. It confers rights on victims of extra-territorial offences only in relation to criminal proceedings that take place in the Union.
Complaints made to competent authorities outside the Union, such as embassies, do not trigger the obligations set out in this Directive. In applying this Directive, children's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child adopted on 20 November Child victims should be considered and treated as the full bearers of rights set out in this Directive and should be entitled to exercise those rights in a manner that takes into account their capacity to form their own views.
In applying this Directive, Member States should ensure that victims with disabilities are able to benefit fully from the rights set out in this Directive, on an equal basis with others, including by facilitating the accessibility to premises where criminal proceedings are conducted and access to information. Victims of terrorism have suffered attacks that are intended ultimately to harm society.
They may therefore need special attention, support and protection due to the particular nature of the crime that has been committed against them. Victims of terrorism can be under significant public scrutiny and often need social recognition and respectful treatment by society. Member States should therefore take particular account of the needs of victims of terrorism, and should seek to protect their dignity and security.
Violence that is directed against a person because of that person's gender, gender identity or gender expression or that affects persons of a particular gender disproportionately, is understood as gender-based violence. It may result in physical, sexual, emotional or psychological harm, or economic loss, to the victim. Women victims of gender-based violence and their children often require special support and protection because of the high risk of secondary and repeat victimisation, of intimidation and of retaliation connected with such violence.
Where violence is committed in a close relationship, it is committed by a person who is a current or former spouse, or partner or other family member of the victim, whether or not the offender shares or has shared the same household with the victim.
Such violence could cover physical, sexual, psychological or economic violence and could result in physical, mental or emotional harm or economic loss. Violence in close relationships is a serious and often hidden social problem which could cause systematic psychological and physical trauma with severe consequences because the offender is a person whom the victim should be able to trust. Victims of violence in close relationships may therefore be in need of special protection measures.
Women are affected disproportionately by this type of violence and the situation can be worse if the woman is dependent on the offender economically, socially or as regards her right to residence. A person should be considered to be a victim regardless of whether an offender is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between them. It is possible that family members of victims are also harmed as a result of the crime.
In particular, family members of a person whose death has been directly caused by a criminal offence could be harmed as a result of the crime. Such family members, who are indirect victims of the crime, should therefore also benefit from protection under this Directive. However, Member States should be able to establish procedures to limit the number of family members who can benefit from the rights set out in this Directive.
In the case of a child, the child or, unless this is not in the best interests of the child, the holder of parental responsibilty on behalf of the child, should be entitled to exercise the rights set out in this Directive. This Directive is without prejudice to any national administrative procedures required to establish that a person is a victim.
Member States should determine which of those criteria apply to determine the scope of rights set out in this Directive where there are references to the role of the victim in the relevant criminal justice system.
Information and advice provided by competent authorities, victim support services and restorative justice services should, as far as possible, be given by means of a range of media and in a manner which can be understood by the victim.
Such information and advice should be provided in simple and accessible language. It should also be ensured that the victim can be understood during proceedings. In this respect, the victim's knowledge of the language used to provide information, age, maturity, intellectual and emotional capacity, literacy and any mental or physical impairment should be taken into account.
Particular account should be taken of difficulties in understanding or communicating which may be due to a disability of some kind, such as hearing or speech impediments. Equally, limitations on a victim's ability to communicate information should be taken into account during criminal proceedings. The moment when a complaint is made should, for the purposes of this Directive, be considered as falling within the context of the criminal proceedings.
This should also include situations where authorities initiate criminal proceedings ex officio as a result of a criminal offence suffered by a victim. Information about reimbursement of expenses should be provided, from the time of the first contact with a competent authority, for example in a leaflet stating the basic conditions for such reimbursement of expenses.
Member States should not be required, at this early stage of the criminal proceedings, to decide on whether the victim concerned fulfils the conditions for reimbursement of expenses. When reporting a crime, victims should receive a written acknowledgement of their complaint from the police, stating the basic elements of the crime, such as the type of crime, the time and place, and any damage or harm caused by the crime.
This acknowledgement should include a file number and the time and place for reporting of the crime in order to serve as evidence that the crime has been reported, for example in relation to insurance claims. Without prejudice to rules relating to limitation periods, the delayed reporting of a criminal offence due to fear of retaliation, humiliation or stigmatisation should not result in refusing acknowledgement of the victim's complaint.
When providing information, sufficient detail should be given to ensure that victims are treated in a respectful manner and to enable them to make informed decisions about their participation in proceedings. In this respect, information allowing the victim to know about the current status of any proceedings is particularly important.
This is equally relevant for information to enable a victim to decide whether to request a review of a decision not to prosecute.
Unless otherwise required, it should be possible to provide the information communicated to the victim orally or in writing, including through electronic means.
Information to a victim should be provided to the last known correspondence address or electronic contact details given to the competent authority by the victim. In exceptional cases, for example due to the high number of victims involved in a case, it should be possible to provide information through the press, through an official website of the competent authority or through a similar communication channel.
Member States should not be obliged to provide information where disclosure of that information could affect the proper handling of a case or harm a given case or person, or if they consider it contrary to the essential interests of their security. Competent authorities should ensure that victims receive updated contact details for communication about their case unless the victim has expressed a wish not to receive such information.
The reasons for that decision should be provided to the victim through a copy of the document which contains that decision or through a brief summary of them.
The right to information about the time and place of a trial resulting from the complaint with regard to a criminal offence suffered by the victim should also apply to information about the time and place of a hearing related to an appeal of a judgment in the case. Specific information about the release or the escape of the offender should be given to victims, upon request, at least in cases where there might be a danger or an identified risk of harm to the victims, unless there is an identified risk of harm to the offender which would result from the notification.
Where there is an identified risk of harm to the offender which would result from the notification, the competent authority should take into account all other risks when determining an appropriate action. Therefore, it should not be applied to those situations where minor offences were committed and thus where there is only a slight risk of harm to the victim.
Victims should receive information about any right to appeal of a decision to release the offender, if such a right exists in national law. Justice cannot be effectively achieved unless victims can properly explain the circumstances of the crime and provide their evidence in a manner understandable to the competent authorities.
It is equally important to ensure that victims are treated in a respectful manner and that they are able to access their rights. Interpretation should therefore be made available, free of charge, during questioning of the victim and in order to enable them to participate actively in court hearings, in accordance with the role of the victim in the relevant criminal justice system.
For other aspects of criminal proceedings, the need for interpretation and translation can vary depending on specific issues, the role of the victim in the relevant criminal justice system and his or her involvement in proceedings and any specific rights they have. As such, interpretation and translation for these other cases need only be provided to the extent necessary for victims to exercise their rights.
The victim should have the right to challenge a decision finding that there is no need for interpretation or translation, in accordance with procedures in national law. That right does not entail the obligation for Member States to provide for a separate mechanism or complaint procedure in which such decision may be challenged and should not unreasonably prolong the criminal proceedings. An internal review of the decision in accordance with existing national procedures would suffice.
Marginal note: Investigation and proceedings. Marginal note: Information about offender or accused. Marginal note: Protection from intimidation and retaliation.
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