 
  
  Victims have the right to be protected against  all acts that might jeopardize their physical and emotional wellbeing, security  and privacy because of their participation in criminal proceedings. 
    This right also applies to the victim’s close relatives and/or the  witnesses. 
  An example of a situation that may jeopardize the safety, welfare, and  privacy of the victim, is bullying or threats made by other people involved in  the process (such as the defendant or people close to them).
  If you are or you were the  victim of a crime, you can request or suggest protection measures for you and/or  your family. Witnesses may also do so.
  APAV can help you exercise this right. Click  here to find out where we are and how you can contact us. If you prefer,  you can send us a quick message. Click here to  send a message.
 
  
Restrictive measures  
  
 
  
  
  
  
  
  Restrictive measures are  measures restricting the freedom of the defendant. 
    They can be imposed during the criminal proceedings if there is a  verified risk that the defendant might flee, risk to the collection and  preservation of evidence, danger to public order and/or a risk of continued  criminal activity.
  There are several kinds of  restrictive measures, for example:
  
    -  the defendant cannot change residence or be absent for more than five  days without first informing the police.  This is called declaration of identity  and residence;
 
-  the defendant must periodically report in person to police station in  the area where they live;
 
-  the defendant must suspend their professional activity, functions,  activities and rights, in which, for example, the accused is forbidden to go to  work, or to exercise parental responsibilities;
 
-  the defendant is banned from contacting  or approaching the victim;
 
-  the defendant must to remain in their registered residence, with or  without electronic monitoring;
 
-  provisional detention, in which the defendant is imprisoned pending  the outcome of the process.
  
  
Protection measures for the victim and other witnesses  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  When necessary, measures may be taken  by the authorities to protect the identity, privacy, and security of the victim. 
  Some examples:
  
    - The statements made by the victim during the investigation may be  recorded, so that they can serve as evidence at trial, and in so,  preventing the victim from having to expose themselves and repeat the story of their  victimization.
 
-  Holding the trial, which in principle is public, behind closed doors. 
 
- The removal of the defendant from the courtroom while the victim is testifying. 
 
- Banning the publication of the  victim's identity by the media 
 
-  The adoption of measures such as separate  waiting areas to prevent the victim from coming in contact with the defendant  and their relatives
 
- Concealment: the Court may  prevent the victim from being recognized and identified by the people present  in the courtroom by using image concealment and/or voice distortion while the  victim is being heard.
 
- Videoconference: the Court  may have the victim testify in a different room from the courtroom. Their statements  can be seen and heard through an audio-visual connection to the courtroom where  the trial is taking place 
It is important to remember  that:
    Some of these protective measures are exceptional: they only apply if they are absolutely necessary to ensure the  protection of the people involved in the process.
  
  
Victims with special protection needs 
 
 A victim with special  protection needs is one that, according to their personal characteristics, the  type or nature of the crime they suffered and/or the circumstances in which it  occurred, is particularly vulnerable to continued violence, intimidation and  inappropriate treatment, and therefore requires special care, especially in  terms of protection.
 Children are considered particularly  vulnerable victims or witnesses. 
 The judicial  authorities should make special provisions to protect particularly  vulnerable victims or witnesses.
 Some of these provisions are:
 
   -  the victim and/or witness should be accompanied by a qualified  professional, such as a victim support officer;
 
-  the victim and/or witness should have access to psychological support;
 
-  the statement of the victim and/or witness should be taken as soon as  possible;
 
-  victims of sexual violence, gender-based violence or violence in close  relationships, should be heard by a person of the same sex, if they so wish;
 
-  the victim and/or witness should be protected from having to meet or  come across certain participants, namely the defendant;
 
-  the victim and/or witness should be heard using means of concealment  or teleconference and can even  not be present in the courtroom;
 
-  In some cases, the procedural acts, including the trial, take place pass without  the presence of public.
APAV can help you exercise  this right. Click  here to find out where we are and how you can contact us. If you prefer,  you can send us a quick message. Click here to  send a message.