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Cap. 539 · cap/539 (Cap. 539)

Cap. 539 Art. 14BRighttoprotection of victims with specific protection needs during criminal proceedings.

In KraftAmtlicher Text

(1)Without prejudice to the locus standi and rights of the injured party, the provisions of Title II of Part III of the Police Act and to the rights of the defence and by virtue of judicial discretion, victims with specific protection needs who benefit from special measures identified as a result of an individual assessment provided for in article 12, may benefit from the measures provided for in this Act. A special measure envisaged following the individual assessment shall not be made available if operational or practical constraints make this impossible, or where there is a an urgent need to interview the victim and failure to do so could harm the victim or another person or could prejudice the course of the proceedings.

(2) The following measures shall be available during criminal investigations to victims with specific protection needs identified in accordance with article 12:

(a) interviews with the victim being carried out in premises designed or adapted for that purpose;

(b) interviews with the victim being carried out by or through professionals trained for that purpose;

(c) all interviews with the victim being conducted by the same persons unless this is contrary to the good administration of justice;

(d) all interviews with victims of sexual violence, gender-based violence or violence in close relationships, unless conducted by a prosecutor or a person presiding the Court, to be conducted by a person of the same sex as the victim, if the victim so wishes: Provided that the course of the criminal proceedings will not be prejudiced. Part II - Of Victims of Trafficking in Persons

Änderungsgeschichte
  • Amended by XVII.2021.8