Since European Union (for the first time with the framework Decision 2001/220/GAI and then with Directive 2012/29/UE) has set the victim in the focus of its legislative measures, something has changed, also in Italy. The criminal justice system, which was careless for a long time, seems now more careful about recognition, participation, compensation and protection needs of victims of crime. After all, the declaration according to which the offence is not only «a wrong against society as well as a violation of the individual rights of victims» (Directive 2012/29/UE, whereas No. 9) is equal to establish a point of no return.
The criminal process “needs” the victim as well as the victim “needs” the criminal process. In this difficult passage, the victim claims identity, asks for participation, needs protection, looks for immediate damages: nevertheless, the criminal process is not able yet to match these goals.
Even if the Italian Legislator has adopted measures aiming at providing child victims and vulnerable victims as well for protection tools in respect of the trial and the secondary victimisation (depending on repetition of crime or intimidation), the rules are not consistent each other. An appropriate “Statute” for victims lacks, both about the participation to the proceedings (in which understanding, information, legal aid, compensation and mediation are included) and about protection. The lack is no more tolerable so that a specific scientific study is necessary, before concrete and operative proposals.
