This book examines how the movement of individuals across European borders affects their ability to effectively exercise their rights as victims in criminal proceedings - and how to improve the most problematic issues in this area.
The European Convention on Human Rights and the EU Charter of Fundamental Rights, both guarantee an individual a freedom of movement understood, among others, as a freedom to leave any country, including one's own. From a victim perspective, the most relevant aspect of free movement is the fact that the exercise of their freedom to move across the border does not result in a loss of the ability to effectively exercise the rights granted to a victim within the framework of criminal law: the right to be recognized as a victim, to make a formal complaint, to receive information concerning their case, to participate in a criminal proceedings and benefit from victim assistance, compensation, and protection. The book presents the legal situation and factual challenges of cross-border victims, i.e., individuals victimized in a European state other than the state, where they habitually reside, including also migrant victims, based on the results of research conducted by experts in law and victimology in ten European countries, presented from both national and European perspectives.
This edited collection will therefore appeal to students and scholars of migration studies, citizenship studies, victimology, and European law. It will also be of importance to legal practitioners and policymakers working in these fields.
Rezensionen / Stimmen
This compilation offers us a brilliant and much needed collective work to understand the experiences of cross-border victims when confronting the gap between victim law in the text and victim law in action. Despite the celebration of the 40th anniversary of the 1985 UN Declaration of basic principles of justice for victims of crime and abuse of power and the 13th anniversary of the 2012 EU Directive on victims' rights, we need to read carefully the pages of this collective book to understand why we are not respecting those rights. This unique book shows us concrete and practical guidance to, at least, not provoke further harm. Following those international standards, this book helps us to confront our legal and ethical duty to make real the globalisation of human rights beyond borders.
Gema Varona, President of the World Society of Victimology, Professor of Victimology at the Faculty of Law of Donostia/San Sebastian, Spain
This book is a must read for all victimologists. Even though it focuses on the problems of cross-border victimization, it clearly magnifies the issues faced by a much larger group of crime victims - and the ways we can address them. It is an example for international scholarship.
Marc Groenhuijsen, Professor emeritus at the Faculty of Law of Tilburg University, the Netherlands
Former president and holder of the Hans von Hentig Award of the World Society of Victimology
Cross-border victimisation is growing in its incidence and its effects, whether it be through cyber fraud attacks from abroad in one's home or when one travels abroad. Support and rights for such victims, however, have not kept up with this and there is a key need to renovate national and international systems and support to deal with such victimisation. This edited book will be a major resource to spur such change.
Joanna Shapland, Professor emeritus, University of Sheffield, UK
This excellent book addresses the special predicaments of those victimized by crime in Europe as non-residents. It provides both a thorough analysis of the issues as well as practical recommendations for action by national governments and European organizations.
Jan van Dijk, Professor emeritus in victimology and human security at Tilburg University, the Netherlands
Holder of the Hans von Hentig Award of the World Society of Victimology and winner of the Stockholm Prize in Criminology 2012
Each year, countless individuals become victims of crime while traveling, working, or studying outside their home countries or are targeted by criminals abroad. Too often, their voices go unheard, and their rights unmet. This publication rightly shines a light on critical gaps and advocates for tailored, transnational solutions. It underscores the urgent need for stronger cross-border cooperation, harmonised support mechanisms, and a truly victim-centred approach that responds to the realities of modern crime and transcends national boundaries.
Levent Altan, Executive Director, Victim Support Europe, Brussels, Belgium
Reihe
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Postgraduate and Undergraduate
Illustrationen
9 s/w Tabellen, 2 s/w Photographien bzw. Rasterbilder, 3 s/w Zeichnungen, 5 s/w Abbildungen
9 Tables, black and white; 3 Line drawings, black and white; 2 Halftones, black and white; 5 Illustrations, black and white
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 24 mm
Gewicht
ISBN-13
978-1-032-50341-7 (9781032503417)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Elzbieta Hryniewicz-Lach is associate professor of criminal law at the Law Faculty of Adam Mickiewicz University in Poznan, Poland. Her research interests focus on various aspects of the response to crime, the impact of a conviction on third parties, and the status of the victim in criminal law. She is the author of publications in Polish, English, and German, in the field of criminal law. She has participated in international research projects in criminal law and victimology.
Michael Kilchling is a senior researcher in the Department of Public Law at the Max Planck Institute for the Study of Crime, Security and Law, and a lecturer at the University of Freiburg. His main research interests include criminal law, penology, criminology, victimology, and restorative justice. He has contributed to a variety of international research projects and expert groups (national, European Union, Council of Europe, and United States).
Introduction 1. Who are the cross-border victims and why we should care for them 2. Barriers to free movement of victims in Europe observed at the European level I. Spotlight on the real-life conditions for cross-border victims in selected jurisdictions 3. Austria 4. Croatia 5. Germany 6. Italy 7. The Netherlands 8. North Macedonia 9. Poland 10. Spain 11. Switzerland 12. Tuerkiye II. Comparative perspectives 13. Victims' rights in Europe - do the cross-border victims fit within the current concepts and structures? 14. The needs of cross-border victims and challenges thereto 15. Good practices in relation to cross-border victims 16. Undocumented migrants: How to help those who (do not) want to be seen 17. Free movement of victims in Europe: from diagnosis to possible intervention