RECENT RECENT DEVELOPMENTS DEVELOPMENTS IN POLICIES IN POLICIES RELATED RELATED TO TO CRIME VICTIMS CRIME VICTIMS IN IN BULGARIA BULGARIA Prof. Dobrinka Chankova, PhD Prof. Dobrinka Chankova, PhD South-West University, Bulgaria South-West University, Bulgaria JSPS Fellow, Tokiwa University JSPS Fellow, Tokiwa University The 13 The 13 th th International Symposium on International Symposium on Victimology, Mito, Japan, 23-28 August Victimology, Mito, Japan, 23-28 August 2009 2009
Transcript
RECENT RECENT DEVELOPMENTS DEVELOPMENTS IN IN POLICIES POLICIES RELATED RELATED TO TO CRIME CRIME
VICTIMS VICTIMS IN IN BULGARIABULGARIA
Prof. Dobrinka Chankova, PhDProf. Dobrinka Chankova, PhDSouth-West University, BulgariaSouth-West University, BulgariaJSPS Fellow, Tokiwa UniversityJSPS Fellow, Tokiwa University
The 13The 13thth International Symposium International Symposium on Victimology, Mito, Japan, 23-28 on Victimology, Mito, Japan, 23-28
August 2009August 2009
BulgariaBulgaria
AA country in South-Eastern Europe, country in South-Eastern Europe, situated on the Balkan Peninsula, to situated on the Balkan Peninsula, to the west of the Black Sea.the west of the Black Sea.
Area -110,994 sq km (42,855 sq mi). Area -110,994 sq km (42,855 sq mi). Population- 7 000 000Population- 7 000 000
The capital and the largest city is The capital and the largest city is Sofia.Sofia.
One of the newest European Union One of the newest European Union members- since 01/01/2007members- since 01/01/2007
Bulgaria on the map of Bulgaria on the map of EuropeEurope
Crime victims in Crime victims in BulgariaBulgaria
Have only recently received Have only recently received due attention due attention from policy makers and legislatorsfrom policy makers and legislators
Most of the newest government acts Most of the newest government acts were related to the negotiations and were related to the negotiations and accession process of Bulgaria to the accession process of Bulgaria to the European UnionEuropean Union
Since 1 January 2007 Bulgaria applies Since 1 January 2007 Bulgaria applies the EU legislation and try to follow the the EU legislation and try to follow the European and international standards for European and international standards for crime victim protection crime victim protection
New Penal Procedure New Penal Procedure Code (2006)Code (2006)
Influenced by the European Union Influenced by the European Union Council Framework Decision of 15 Council Framework Decision of 15 March 2001 on the Standing of Victims March 2001 on the Standing of Victims in Criminal Proceedingsin Criminal Proceedings
FFor the first time regularizeor the first time regularizess the the procedural status of the injured partyprocedural status of the injured party in a separate chapterin a separate chapter
The injured is entitled of specific rights The injured is entitled of specific rights both in pre-trial and court proceduresboth in pre-trial and court procedures
Basic rights of the Basic rights of the injured in the pre-trial injured in the pre-trial
procedureprocedure to be notified of his/her rights in the penal to be notified of his/her rights in the penal
procedure;procedure; to to receive protectionreceive protection of his/her safety and of his/her safety and
his/her close persons; his/her close persons; to be informed about the to be informed about the coursecourse of the of the
penal procedurepenal procedure;; to participate in the procedure; to participate in the procedure; to appeal the acts which lead to disclosure to appeal the acts which lead to disclosure
or suspension of the penal procedure; or suspension of the penal procedure; to have a trusteeto have a trustee
Injured party in the Injured party in the court procedurecourt procedure
The injured could be constituted as:The injured could be constituted as:
aa private prosecutor private prosecutor a private a private complainant complainant a a civil claimancivil claimantt
High status in the criminal High status in the criminal proceedings, not only a witness proceedings, not only a witness
Private prosecutorPrivate prosecutor
in comparative aspect referred as in comparative aspect referred as accessory prosecutoraccessory prosecutor
maintainmaintainss the indictment at the same the indictment at the same time with thetime with the public public prosecutor prosecutor
may also maintain the indictment may also maintain the indictment after the prosecutor declares that after the prosecutor declares that he/she does not maintain ithe/she does not maintain it ( in ( in comparative aspect explained as comparative aspect explained as subsidiary prosecutor)subsidiary prosecutor)
Rights of the private Rights of the private prosecutorprosecutor
to become acquaint with the case and to become acquaint with the case and to make the necessary extracts;to make the necessary extracts;
to submit evidence; to submit evidence; to participate in the court procedure; to participate in the court procedure; to make requests, notes and objections to make requests, notes and objections
and and to appeal the acts of the court, where to appeal the acts of the court, where
his/her rights and legitimate interests his/her rights and legitimate interests are harmed are harmed
PPrivate complainant rivate complainant
in comparative aspect explained as in comparative aspect explained as private prosecutorprivate prosecutor
may bring and maintain indictment may bring and maintain indictment before the court before the court
tthe complaint shall be submitted he complaint shall be submitted within six-month periodwithin six-month period from the from the day, when the injured learned about day, when the injured learned about the commitment of the crimethe commitment of the crime
Rights of the Rights of the private private complainantcomplainant
to become acquaint with the case and to to become acquaint with the case and to make the needed extracts; make the needed extracts;
to submit evidence;to submit evidence; to participate in the court procedure;to participate in the court procedure; to make requests, notes and objections to make requests, notes and objections to appeal the acts of the court, where to appeal the acts of the court, where
his/her rights and legitimate interests his/her rights and legitimate interests are harmed,are harmed,
to withdraw his/her complaint to withdraw his/her complaint
CCivil claimantivil claimant
The injured and his/her heirs, as well as The injured and his/her heirs, as well as the legal persons who suffered damages the legal persons who suffered damages from the crime, may file a civil claim for from the crime, may file a civil claim for compensation of the damages compensation of the damages
The civil claim in the court procedure The civil claim in the court procedure may be filed as against the defendant, may be filed as against the defendant, as well as against other persons, who as well as against other persons, who shall bear civil liability for the damages shall bear civil liability for the damages caused by the crime.caused by the crime.
Rights of the civil Rights of the civil claimant claimant
to participate in the court procedure;to participate in the court procedure; to require securitising of the civil claim; to require securitising of the civil claim; to become acquaint with the case and to to become acquaint with the case and to
make the needed extracts;make the needed extracts; to submit evidence; to submit evidence; to participate in the court procedure;to participate in the court procedure; to make requests, notes and objections andto make requests, notes and objections and to appeal the acts of the court, where to appeal the acts of the court, where
his/her rights and legitimate interests are his/her rights and legitimate interests are harmed.harmed.
Some deficitsSome deficits
Both in the legal regulation and Both in the legal regulation and implementationimplementation
The injured is excluded from the The injured is excluded from the procedure of the procedure of the settlement of the settlement of the case case by the agreement between the by the agreement between the publicpublic prosecutor prosecutor and and the the defenderdefender/counsel of the accused /counsel of the accused (plea bargaining)(plea bargaining)
Some deficitsSome deficits
There are not enough efficient There are not enough efficient procedural mechanisms for the full procedural mechanisms for the full implementation of the stipulated rightsimplementation of the stipulated rights
Because of the low rate of detection of Because of the low rate of detection of crime and of sentenced persons a crime and of sentenced persons a significant part of the victims cannot significant part of the victims cannot avail themselves of their rights in avail themselves of their rights in accordance with the relevant accordance with the relevant procedureprocedure
Support and Support and compensation to crime compensation to crime
victims victims in Bulgariain Bulgaria Council Council of the European Union of the European Union Directive Directive
2004/80/EC of 29 April 2004 relating to 2004/80/EC of 29 April 2004 relating to compensation to crime victims compensation to crime victims
Law on Law on SSupport and upport and FFinancial inancial CCompensation to ompensation to CCrime rime VVictimsictims 2006 2006
OObjective of the Law bjective of the Law -- recognition and recognition and guaranteeing the rights and the lguaranteeing the rights and the lawfulawful interests of the interests of the crime crime victimsvictims, according , according to the European and international to the European and international standards.standards.
Scope of the lawScope of the law
psychological, legal, healthpsychological, legal, health etc. etc. support and assistance support and assistance
financial compensation from the financial compensation from the statestate, although rather limited, although rather limited
support and financial compensation support and financial compensation may be granted to the victims, who may be granted to the victims, who have suffered damages from the have suffered damages from the following crimes:following crimes:
Scope of the law Scope of the law (cont.)(cont.)
terrorism; terrorism; deliberate homicide;deliberate homicide; deliberate serious bodily harm; deliberate serious bodily harm; sexual molestation and rape, as a result of sexual molestation and rape, as a result of
which serious health damages have been which serious health damages have been caused; caused;
traffic of people;traffic of people; other serious deliberate crimes as a result of other serious deliberate crimes as a result of
which death or serious bodily harm have which death or serious bodily harm have been caused as corpus delicti consequencebeen caused as corpus delicti consequence
Scope of the law Scope of the law (cont.)(cont.)
support may be support may be be granted to victims, who be granted to victims, who have suffered have suffered material material and non-material and non-material damages damages by the mentioned types of offencesby the mentioned types of offences
financial compensation may be granted to financial compensation may be granted to victims, who have suffered victims, who have suffered material damagesmaterial damages (non-material damages maybe granted only (non-material damages maybe granted only “by justice’ by the court)“by justice’ by the court)
support and financial compensation support and financial compensation are are granted by the state to victims of crime - granted by the state to victims of crime - Bulgarian citizens or citizens of Member Bulgarian citizens or citizens of Member States of the European Union States of the European Union
Scope of the law Scope of the law (cont.)(cont.)
Compensation may be granted by the State if the Compensation may be granted by the State if the crime victim has not received such compensation crime victim has not received such compensation in any other way.in any other way.
The compensation is granted after coming into The compensation is granted after coming into effect of:effect of:
the conviction sentencethe conviction sentence the prosecutor’s or judicial act, by virtue of which the prosecutor’s or judicial act, by virtue of which
the penal proceedings have been terminated the penal proceedings have been terminated (with (with some some exceptexceptions) ; ions) ;
the prosecutor’s or judicial act, by virtue of which the prosecutor’s or judicial act, by virtue of which the penal proceedings have been suspended due to the penal proceedings have been suspended due to non-detection of the perpetrator of the crimenon-detection of the perpetrator of the crime
Scope of the law Scope of the law (cont.)(cont.)
TThe financial compensation comprises, he financial compensation comprises, jointly or separately, jointly or separately, the material damages, the material damages, being direct consequence of the crimebeing direct consequence of the crime, , which are in the form of: expenses for which are in the form of: expenses for treatment, except for the expenses paid by treatment, except for the expenses paid by the budget of the National Health the budget of the National Health Insurance Fund; missed income; expenses Insurance Fund; missed income; expenses for payments of court and office expenses; for payments of court and office expenses; missed financial resources for missed financial resources for maintenance; funeral expenses; other maintenance; funeral expenses; other material damagesmaterial damages
Informing crime victims Informing crime victims of their rightsof their rights
A special chapter (two) of the LawA special chapter (two) of the Law Legal obligation of tLegal obligation of the bodies of the he bodies of the
Ministry of Interior and the victim Ministry of Interior and the victim support organizations support organizations to to notify the notify the victims ovictims of :f :
--the organizations the victims can the organizations the victims can turn to for free psychological help and turn to for free psychological help and supportsupport
-- the types of free psychological help the types of free psychological help and supportand support
Informing crime victims Informing crime victims of their rights (cont.)of their rights (cont.)
- - the right of legal support the right of legal support - - the bodies which they may address the bodies which they may address
in order to exercise this rightin order to exercise this right -- the terms and the procedure of the terms and the procedure of
providing legal support for free; providing legal support for free; --the bodies, before which signals for the bodies, before which signals for
the crime committedthe crime committed may be filedmay be filed, , etc.etc.
Implementation of the Implementation of the lawlaw
National Council for Compensation of National Council for Compensation of Crime VictimsCrime Victims, established in 2007, established in 2007, is , is the body competent to consider the the body competent to consider the applications for financial compensationapplications for financial compensation
Working meetings – periodically, small Working meetings – periodically, small number of applications approved, number of applications approved, symbolic compensation, received too symbolic compensation, received too late sometimeslate sometimes
Implementation of the Implementation of the lawlaw
2009 data ( towards 17 July )2009 data ( towards 17 July ) 50 applications received50 applications received 13 applications approved13 applications approved 44 000 BGN ( approximately 22 000 44 000 BGN ( approximately 22 000
EUR ) spent EUR ) spent Total budget: 1 000 000 BGN Total budget: 1 000 000 BGN
( approximately 500 000 EUR )( approximately 500 000 EUR )
Bulgaria on the road to Bulgaria on the road to restorative justicerestorative justice
Mediation Act (2004)Mediation Act (2004) Subject of mediation Subject of mediation shallshall be civil, be civil,
commercial, labour, family and commercial, labour, family and administrative disputes related to rights administrative disputes related to rights of consumers and another disputes of consumers and another disputes between natural and/or legal persons.between natural and/or legal persons.
Mediation shall be performed as well as Mediation shall be performed as well as in the cases envisaged in the Penal in the cases envisaged in the Penal Procedure Code.Procedure Code.
Bulgaria on the road to Bulgaria on the road to restorative justicerestorative justice
Despite the explicit requirement of the Despite the explicit requirement of the Mediation Act, the Penal Procedure Code of Mediation Act, the Penal Procedure Code of 2006 did not provide for any cases where 2006 did not provide for any cases where victim-offender mediation could be applied victim-offender mediation could be applied and left this issue to subsequent amendmentsand left this issue to subsequent amendments
Although the existing legislation does not Although the existing legislation does not specifically refer to mediation or any other specifically refer to mediation or any other out-of-court method for settlements between out-of-court method for settlements between the victim and the offender, it gives an the victim and the offender, it gives an opportunity for the application of these opportunity for the application of these methodsmethods..
Bulgaria on the road to Bulgaria on the road to restorative justicerestorative justice
RJ was introduced in the curricula of RJ was introduced in the curricula of many of the Bulgarian universitiesmany of the Bulgarian universities
NGOs have started and successfully NGOs have started and successfully implemented trainings of mediators, implemented trainings of mediators, judges, prosecutors and other judges, prosecutors and other professionals in the field.professionals in the field.
According to recent surveys, restorative According to recent surveys, restorative justice enjoys wide support among justice enjoys wide support among criminal justice practitioners and society criminal justice practitioners and society at large. at large.
ConclusionConclusion
Nevertheless some positive Nevertheless some positive developments can be pointed out, a developments can be pointed out, a lot still have to be done for the full lot still have to be done for the full implementation of the UN implementation of the UN Declaration of Basic Principle of Declaration of Basic Principle of Justice on Victims of Crime and Abuse Justice on Victims of Crime and Abuse of Power and the other universal and of Power and the other universal and European instruments for victim of European instruments for victim of crimes protection in Bulgaria.crimes protection in Bulgaria.
Thank you for your attention !!!Thank you for your attention !!!
