Update from VSE Members
A new amendment to the Austrian Code of Criminal Procedure, effective January 1, 2025, allows victims to request their data be sent to a support center for legal and psychological aid. However, WEISSER RING AUSTRIA argues that requiring victims to proactively ask for help may disadvantage those in shock, limiting access to necessary support. The organization continues to push for automatic data transmission unless the victim objects, ensuring equal access to justice for all crime victims.
WEISSER RING has been fighting for legal equality for all victims of crime for long years. So, what exactly is the point? Since many years the police have automatically forwarded the data of victims of domestic violence to the relevant Victim Support Centers. This allows these institutions to proactively contact victims and offer help and is very important for access to professional support and justice.
Access to justice is not the same for all
The situation has been different up to now, however, if the perpetrator is an acquaintance or a stranger. In these cases, the data have not been sent to victim support centers pro-actively. Experience shows that those affected are often not able to get support immediately after the shock of a violent crime. There is also little or no information about the fact that they have extensive rights under the Victim Compensation Act (In German Verbrechensopfergesetz or VOG) and the Austrian Code of Criminal Procedure, e.g. to psychological or legal support.
Criminal Procedure Law Amendment Act 2024
An important amendment to the Austrian Code of Criminal Procedure (in German Strafprozessordnung, StPO) has come into force on January 1, 2025. Victims now have the right to request that their personal data be transmitted to a Support Center of the victim’s choice for the purpose of psychosocial support as well as legal aid.
Victims have to ask for help pro-actively
WEISSER RING considers this new legal basis to be an important but not yet sufficient step. The wording of the law leaves room for interpretation that could be to the disadvantage of some victims of crime. It aims at victims, who are entitled to legal aid or psychosocial support during a trial – typically particularly stressed groups of crime victims. It requires persons in a state of shock to pro-actively ask for support. Immediately after a crime, however, they may not even have realized yet that they would need this support. Additionally, victims would have to take a second decision in this difficult situation: to which of the numerous and mostly specialized victim support centres should their data be sent?
Therefore, a lot now depends on how the new law is implemented.
WEISSER RING continues to demand that the police be authorized to generally transmit personal data of victims to the appropriate support center if the victim does not object to the transmission. In case of doubt about the appropriate support center, the center for general victim support should be chosen. This would enable victims of community violence to have access to help and support services.
One thing is certain: we will continue our work at WEISSER RING Austria to ensure that all victims have equal access to justice.
