Question 42050 — victim assistance

Summary

As committed by the Keeper of the Seals and Minister of Justice, Decree No. 2019-1263 of November 29, 2019 has evolved to allow specialized associations to carry out personalized assessment surveys of so-called “EVVI” victims. Indeed, Decree No. 2021-1516 of November 23, 2021, aimed at strengthening the effectiveness of the rights of victims of offenses committed within a couple or family, modified Article D. 1-12-1 of the Code of Criminal Procedure by providing for victim support associations specializing in the care and support of victims of violence within the couple and in sexual and gender-based violence to obtain ad hoc approval from the Ministry of Justice. This approval is granted under the same conditions as the approval introduced by Decree No. 2019-1263 of November 29, 2019 relating to approval associations providing assistance to victims of crime. Thus, the opinion of the magistrate delegated to association policy and access to law will continue to be requested by the Ministry of Justice when requests for association approvals. This opinion makes it possible to take into account realities on the ground and the local configuration of the associative landscape. The associations which receive this new specialized approval may in particular be contacted by the public prosecutor and conduct EVVI or provide support at his request on the basis of article 41 of the code of criminal procedure. On the other hand, in accordance with article D. 47-11-2 of the same code, only an association approved under its general competence may maintain a victim assistance office (BAV) within a judicial court. It should be noted that associations providing assistance to victims of crime having obtained a general approval retain their full competence in favor of the support of all said victims, including those of violence within the couple and in sexual and gender-based violence. Thus, CIDFFs which meet the criteria of Decree No. 2021-1516 of November 23, 2021, will be able to benefit from approval under the conditions provided and, consequently, carry out EVVI for the benefit of victims of violence within the couple and sexual and gender-based violence.

Machine translation from French. The official text remains authoritative.

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