The revaluation of the victim and its impact on the fragile balance of the criminal justice system
The revaluation of the victim and its impact on the fragile balance of the criminal justice system

Summary/Abstract: Contemporary Constitutions, as well as Human Rights Treaties, contain several provisions establishing principles relating to the criminal system. Most of these provisions have regard to the judicial authorities and the accused. In this sense, it can be said that our criminal justice systems are accused-centered. Our Constitutions, on the contrary, do not contain provisions expressly dedicated to the victims of crime. Nonetheless, in the last decades, several international documents from the EU and the Council of Europe have set down rules regarding assistance, protection, and procedural rights of the victim.Does this legislative trend contrast with the constitutional structure of the criminal trial, which placesthe accused’s guarantees in the foreground? The paper intends to analyze the role of the victim in the European Directive 2012/29/EU, pointing out the broad angle on the victim’s needs, which cannot be answered only by prosecution and punishment, rather stressing the importance of support services and restorative justice.

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