BELGIUM / VICTIMS OF CRIMES COMMITTED IN BELGIUM
Victims of crimes committed in Belgium are entitled to a range of rights and protections under Belgian law. The legal framework aims to ensure that victims receive proper support, access to justice, and compensation. The role of lawyers in this context is crucial in advocating for victims’ rights and helping them navigate the complexities of the legal process.
Overview of Victims’ Rights in Belgium:
- Right to Information:
- Victims have the right to be informed about their case, including the progress of investigations, the charges filed, and the key stages of the judicial process.
- Right to Assistance:
- Victims can access psychological and legal assistance. This includes support from victim support services, which provide guidance and help throughout the legal proceedings.
- Right to Protection:
- The law provides measures to protect victims, especially those at risk of secondary victimization or retaliation. This includes the possibility of anonymity and special procedures during trials to shield vulnerable victims.
- Right to Compensation:
- Victims have the right to seek compensation for damages suffered due to a crime. This can be pursued through the criminal proceedings or via a separate civil action. Additionally, there is a state compensation fund for victims of violent crimes who are unable to receive compensation from other sources.
- Right to Participate in Criminal Proceedings:
- Victims have the right to be involved in the criminal proceedings. This may include being heard during the trial, presenting evidence, and asking questions of witnesses.
Role of the Lawyer:
- Legal Representation and Advocacy:
- Lawyers represent victims in criminal and civil proceedings, advocating for their rights and interests. They help victims understand the legal options available and assist in the preparation and filing of claims.
- Securing Compensation:
- Lawyers assist victims in claiming compensation, either directly from the perpetrator through the criminal process or through civil lawsuits. They also help victims apply for state compensation.
- Protection of Rights:
- Lawyers ensure that victims’ rights to protection and privacy are upheld during legal proceedings. They can request measures such as non-disclosure of the victim’s identity or use of video testimonies.
- Guidance Through the Legal Process:
- The legal process can be daunting for victims. Lawyers guide them through each step, ensuring they understand their rights and the implications of different legal decisions.
Issues Related to Victims of Crimes:
- Access to Information:
- Victims sometimes struggle to obtain timely and clear information about their case and the criminal justice process, which can be crucial for their recovery and participation in the process.
- Secondary Victimization:
- Victims may experience secondary victimization through their treatment in the criminal justice system or through public exposure. Protecting victims from such experiences is a significant challenge.
- Complexity of Legal Procedures:
- Navigating the legal system can be complex and intimidating, especially for those who are unfamiliar with it. Ensuring that victims receive clear, comprehensible legal advice is crucial.
- Ensuring Adequate Compensation:
- Securing adequate compensation can be difficult, particularly when the perpetrator is insolvent. The effectiveness of state compensation schemes is also a critical factor.
In summary, the role of lawyers in the context of crimes committed in Belgium is vital in ensuring that victims are not only protected and supported throughout the legal process but also have their rights vigorously defended. Lawyers help mitigate the challenges faced by victims and work to ensure that justice is effectively served, contributing to both the healing of the victim and the proper functioning of the legal system.