COURT OF JUSTICE OF THE EUROPEAN UNION – SELECTED CASE LAW CONCERNING VICTIMS OF CRIME

  • CJEU – Case C-484/16, Semeraro, 8 September 2016
  • Criminal proceedings against Antonio SemeraroReference for a preliminary ruling: Giudice di Pace di Taranto – ItalyManifest inadmissibility (Article 53, para. 2, Rules of Procedure of the Court of Justice) – lack of connection with EU lawJudicial cooperation in criminal matters – Directive 2012/29/EU – The Charter of Fundamental Rights of the European Union – insult  Repeal of the crime by the national legislator.
  • CJEU – Case C-79/11, Giovanardi, 12 July 2012

Judgment of the Court (Second Chamber) of 12 July 2012.

Criminal proceedings against Maurizio Giovanardi and Others.

Reference for a preliminary ruling: Tribunale di Firenze – Italy.

Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Directive 2004/80/EC – Compensation to victims of crime – Liability of a legal person – Compensation in criminal proceedings.

Judgment of the Court (Second Chamber) of 21 December 2011.

Criminal proceedings against X.

Reference for a preliminary ruling: Tribunale di Firenze – Italy.

Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Special measure for early taking of evidence – Refusal by the Public Prosecutor to request the judge in charge of preliminary investigations to hear a witness..

Judgment of the Court (Fourth Chamber) of 15 September 2011.
Criminal proceedings against Magatte Gueye (C-483/09) and Valentín Salmerón Sánchez (C-1/10).

References for a preliminary ruling: Audiencia provincial de Tarragona – Spain.

Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Domestic crimes – Obligation to impose as an ancillary penalty an injunction prohibiting the offender from approaching the victim of the offence – Choice of forms of penalty and level of penalty – Compatibility with Articles 2, 3 and 8 of the Framework Decision – Provision of national law excluding mediation in criminal cases – Compatibility with Article 10 of the Framework Decision.

Judgment of the Court (Second Chamber) of 21 October 2010.

Criminal proceedings against Emil Eredics and Mária Vassné Sápi.

Reference for a preliminary ruling: Szombathelyi Városi Bíróság – Hungary.

Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Meaning of ‘victim’Legal persons – Mediation in criminal proceedings – Detailed rules of application.

Judgment of the Court (Third Chamber) of 9 October 2008.

Győrgy Katz v István Roland Sós.

Reference for a preliminary ruling: Fővárosi Bíróság – Hungary.

Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Private prosecutor in substitution for the public prosecutor – Testimony of the victim as a witness.

Judgment of the Court (Second Chamber) of 5 June 2008.

James Wood v Fonds de garantie des victimes des actes de terrorisme et d’autres infractions.

Reference for a preliminary ruling: Commission d’indemnisation des victimes d’infractions du tribunal de grande instance de Nantes – France.

Article 12 EC – Discrimination on grounds of nationalityCompensation awarded by the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions – Not included.

Judgment of the Court (Third Chamber) of 28 June 2007.

Criminal proceedings against Giovanni Dell’Orto.

Reference for a preliminary ruling: Tribunale di Milano – Italy.

Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA -Directive 2004/80/EC- Concept of ‘victim’ in criminal proceedingsLegal person – Return of property seized in the course of criminal proceedings.

Judgment of the Court (Grand Chamber) of 16 June 2005.

Criminal proceedings against Maria Pupino.

Reference for a preliminary ruling: Tribunale di Firenze – Italy.

Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.

Judgment of the Court of 2 February 1989.

Ian William Cowan v Trésor public.

Reference for a preliminary ruling: Tribunal de grande instance de Paris – France.

Tourists as recipients of services – Right to compensation following an assault – State compensation for victim of an assault – Prohibition of discrimination on grounds of nationality

Directive 2004/80/EC – Failure to transpose, failure to fulfil

Judgment of the Court (Grand Chamber) of 11 October 2016.

European Commission v Italian Republic.

Failure of a Member State to fulfil obligationsDirective 2004/80/EC — Article 12(2) — National compensation schemes for victims of violent intentional crime guaranteeing fair and appropriate compensation — National scheme not covering all violent intentional crimes committed on the national territory.

Judgment of the Court (Fifth Chamber) of 29 November 2007.

Commission of the European Communities v Italian Republic.

Failure of a Member State to fulfil obligations – Directive 2004/80/EC – Police and judicial cooperation in criminal matters – Compensation to crime victimsFailure to transpose within the prescribed period.

Judgment of the Court (Sixth Chamber) of 18 July 2007.

Commission of the European Communities v Hellenic Republic.

Failure of a Member State to fulfil obligationsDirective 2004/80/EC – Compensation to crime victims – Failure to transpose within the period prescribed.