Suchergebnisse

La reparación económica a las víctimas de delito es uno de los objetivos del sistema de justicia español. Este trabajo analiza si el sistema español es eficaz en la reparación económica de las víctimas de violencia sexual a través de los dos mecanismos destinados a tal fin: por un lado, el pago de las indemnizaciones establecidas en sentencias condenatorias y, por otro, las ayudas directas otorgadas por el Estado a las víctimas. Los resultados del análisis evidencian la ineficacia del sistema procesal -que es generalizada para todo tipo de delitos- y, especialmente, la falta de interés por parte del Estado en la reparación a estas víctimas mediante las ayudas públicas. Ante este escenario, el trabajo evalúa algunas propuestas normativas y procedimentales encaminadas a mejorar la situación, entre ellas la denominada justicia restaurativa ; The economic compsation to the victims of crime is an objective of the Spanish justice system. The Spanish system compensation efficay to victims of sexual violence is analyzed. The efficiency of the two existin mechanisms is studied; on the one han, the effectiveness of payment of the indemnities contained in a resolution in by the criminal court, and on the other, the aidgranted by the Government directly to victims. The results indicate the inefficiency of the procedural system, which is general for all types of crimes, and, above all, a lack of interest on te part of the Government in repairing victims of sesual violence. Formulas to improve both systems are addressed, through normative and procedural mechanisms, among which resorative justice canbe appropiate in some cases and with certain safeguards. ; Trabajo realizado en el marco del proyecto FAIRCOM, financiado por la Comisión Europea, JUST-JACC-AG-2018

Since its first successful use in criminal investigations in the 1980s, DNA has become a widely used and valuable tool to identify offenders and to acquit innocent persons. For a more beneficial use of the DNA-related data possessed, the Council of the European Union adopted Council Decisions 2008/615 and 2008/616 establishing a mechanism for a direct automated search in national EU Member States' DNA databases. The article reveals the complications associated with the regulation on the use of DNA for criminal investigations as it is regulated by both EU and national legislation which results in a great deal of variations. It also analyses possible violations of and limitations to human rights when collecting DNA samples, as well as their analysis, use and storage.

Since its first successful use in criminal investigations in the 1980s, DNA has become a widely used and valuable tool to identify offenders and to acquit innocent persons. For a more beneficial use of the DNA-related data possessed, the Council of the European Union adopted Council Decisions 2008/615 and 2008/616 establishing a mechanism for a direct automated search in national EU Member States' DNA databases. The article reveals the complications associated with the regulation on the use of DNA for criminal investigations as it is regulated by both EU and national legislation which results in a great deal of variations. It also analyses possible violations of and limitations to human rights when collecting DNA samples, as well as their analysis, use and storage.

This is Part I of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu/). This Report part I presents the first results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. In the follow-up to this first Report there will also be a Report part II, as well as a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).

This is Part II of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu). This Report part II presents the results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. It identifies good practices en offers recommendations. It is the follow-up of the first FAIRCOM Report ('Fair and Appropriate? Part I'). There will also be a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).