1. Each Member State shall ensure that victims have a real and appropriate
role in its criminal legal system. It shall continue to make every effort
to ensure that victims are treated with due respect for the dignity of
the individual during proceedings and shall recognise the rights and legitimate
interests of victims with particular reference to criminal proceedings.
2. Each Member State shall ensure that victims who are particularly vulnerable
can benefit from specific treatment best suited to their circumstances.
また、被害者に対する尋問や証拠調べについて、同第3条は次のように定めている。
Each Member State shall safeguard the possibility for victims to be heard
during proceedings and to supply evidence.
Each Member State shall take appropriate measures to ensure that its authorities
question victims only insofar as necessary for the purpose of criminal
proceedings.
第8条は被害者の保護請求権について定めているが、特に、第4項は以下のように定める。
Each Member State shall ensure that, where there is a need to protect victims
- particularly those most vulnerable - from the effects of giving evidence
in open court, victims may, by decision taken by the court, be entitled
to testify in a manner which will enable this objective to be achieved,
by any appropriate means compatible with its basic legal principles.
