OP12_Sweden_ENG.doc.doc - CCPE-BU(2017)1 Strasbourg 14 February 2017 CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS(CCPE Questionnaire for the preparation

OP12_Sweden_ENG.doc.doc - CCPE-BU(2017)1 Strasbourg 14...

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CCPE-BU(2017)1 Strasbourg, 14 February 2017 CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE) Questionnaire for the preparation of the CCPE Opinion No. 12 (2017): “The rights of victims, witnesses and vulnerable persons” In your answers, please do not send extracts of your legislation but describe the situation in brief and concise manner, including briefly what is happening in practice. Introduction The Opinion deals, in general, with the rights of victims, witnesses and vulnerable persons within the framework of criminal procedure, and, in particular, with the role of prosecutors in protecting these rights. The first section deals with the definition of victims, witnesses and vulnerable persons in the way in which it exists in different member states of the Council of Europe. The second section deals with their rights. The third section concerns the role of prosecutors in protecting these rights. This section, due to the mandate of the CCPE, is the key section of the Opinion. The Bureau and the Secretariat of the CCPE would like to strongly thank you for your cooperation and contributions.
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1. Definitions 1.1 Is there in your country a d efinition of a victim or a witness of crime? If yes, i s it established in the law or other legal instruments? The definition of “victim” found in EU-directive 2012/29/EU 2012 establishing minimum standards on the rights, support and protection of victims of crime, is ”a natural person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence”. The term “victim”, as defined in the EU-directive, is relevant to policymakers, to various support services and to the Swedish Crime Victim Compensation and Support Authority 1 . However, in a judicial context, the definition used is “the injured party” (“ målsägande ” in Swedish). “The injured party” is defined in law as ”the person against whom the offence was committed or who was affronted or harmed by it”. 1.2 Are there in your country special regimes for victims of certain types of crimes, for example, domestic violence, sexual abuse, trafficking in human beings? If yes, can you list them? For child victims, there are special regimes for the whole preliminary investigation and the proceeding in court. There is no special regime in general for vulnerable victims. Even so, certain regulations provide support for them. There are for example legal provisions enabling certain vulnerable victims to have legal representation. 1.2 Is there in your country a d efinition of vulnerable persons, either in general sense, or particularly within the framework of criminal procedure? If yes, i s it established in the law or other legal instruments? There is no legal definition of vulnerable persons. Even so, certain groups of persons (such as victims of sexual violence, children and trafficked persons) have in various documents been identified by the Swedish government as vulnerable (for example in
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