1 – The accompaniment of victims according Portuguese legal framework

There is some situations where the presence of Victim Support Worker is legally.

1.1 – Victim Statute

From the start, and under the terms of the Victims’ Statute, since the first contact with competent the authorities in which, unless this is contrary to the interests of victim or witness or that affects the good development of the process, the victim could make be accompanied by a person for their choice if their needs assistance to understand or to be understood during the procedural act.

Also, according to the Victims’ Statute, when the victim is especially vulnerable, the law establishes that when testifying in a declaration to future memory or when giving their testimony by videoconference, they could be accompanied by a technician especially qualified, who must be previous designated by the Prosecutors’ office or by the court.

Law 130/2015 (Victims’ Statute)

Article 12^th

Guarantees of Communication

[…]

3- Unless this is contrary to the interests of the victim or prejudice the good development of the process, the victim may be accompanied by a person for their choice in the first contact with the competent authorities, if the impact of the crime the victim ask for assistance to understand or to be understood.

Article 23^rd

Use of video or teleconference

2- The victim is accompanied, in the provision of statements or testimony, by a technician specially qualified for monitoring, previously designated by the Prosecutors’ Office or by the court.

Article 24^th

5- The inquisition is made by the judge, and then the Prosecutor’s Office, the lawyers, in that order, can ask additional questions, and the victim must be assisted during the procedural act by a technician specially qualified to accompanied them, previously designated by the court.

1.2 – Victims’ of Domestic Violence Statute

According to the Domestic Violence Law, to testify or to give declarations by videoconference, the victim can ask for accompaniment by Victim Support Worker or any other specialized technician who would be present to provide psychological or psychiatric support. For declarations for future memory, the victim of domestic violence has the right to do in an informal and reserved environment and be accompanied by Victim Support Worker or other professional authorized by the court.

Law 112/2009 (Victims’ of Domestic Violence Statute)

Article 32

Use of video or teleconference

2- The victim is accompanied, whenever he/she so requests, in providing statement or testimony, by a victim support worker or by other professional that has been providing psychological or psychiatric support.

Article 33

Statement for future recall3- The statement is conducted in an informal and reserved setting in order to guarantee the spontaneity and sincerity of the answers, being the victim entitled to be assisted during the procedural act by a victim support worker or by other professional that has been providing psychological or psychiatric support, previously authorised by the court.

1.3 – Witness Protection Law

The Witness Protection Law foresees also that, upon acknowledgement of the victims’ special vulnerability, the judicial authority shall appoint a social service worker or another person specially trained to the accompaniment and, if that is the case, provide the witness the necessary psychological support by a specialised technician. The judicial authority presiding the judicial act may authorise the presence of a social service worker or of another person accompanying the witness during the course of that act.

Lei 93/33 (WitnessProtection)

Article 27

Accompaniment of particularly vulnerable witnesses

1- Upon acknowledgement of the victims’ special vulnerability, the judicial authority shall appoint a social service worker or another person specially trained to the accompaniment and, if that is the case, provide the witness the necessary psychological support by a specialised technician.

2- The judicial authority presiding the judicial act may authorise the presence of a social service worker or of another person accompanying the witness during the course of that act.

It is important to highlight that, when the law mentions that the accompaniment is authorised, it does not mean that it is mandatory. On the other hand, when the law establishes that a specially trained professional is designated, it is, in principle, mandatory that the authority presiding the judicial acts promotes the accompaniment.

1.4 – Criminal Procedural Code

The Criminal Procedural Code also foresees that, when the victim is a child, the statements for future recall shall be made in an informal and reserved setting and that the child shall be assisted by a specially trained professional, previously designated to that end.

Criminal Procedural Code

Article 271

Statement for future recall

2- In the case of a crime against the liberty and sexual self-determination of a minor, the victim shall always be interviewed during the inquiry, unless the victim is not a minor.

…

4- In the cases foreseen under paragraph 2, the statement for future recall is conducted in an informal and reserved setting in order to guarantee the spontaneity and sincerity of the answers, being the victim entitled to be assisted during the procedural act by a specially trained professional for the accompaniment, previously authorised to that end.

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