La dimensione europea della tutela processuale della vittima

Abstract

After a long process of devictimization, and against the exesses of a one-way defence of civil rights, it has already diffused the idea that the person offended by the crime can carry out a very rilevant role towards the penal justice, without that this creates a move of the protection barycenter at the expense of the accused. The community legislator promoted of the change, lastly with the Dir. 2012/29/UE, that contains minimal norms in the field of rights, assistance and protection of the victim of the crime, final product of a nourished body of rules, that has gradually imposed the victim in the process, returning the scene to his true protagonists. Today the measure represents the North Star of every victim-oriented speech, imposing itself as a contact person that is obliged towards all the themes that will be discussed. The directive represents an unicum in the supranational landscape: in fact we are used to deal with European documents that impose implants that are limited to the field of code; instead we are less used to regulations, such as the directive 2012/29/UE, that upset radically the foundation of the system. The measure, although pursues the declared aim to reinforce specific rights for the victims (especially: information, assistance, protection and participation), mostly - and indirectly - requires that the offended person to be assigned to a specific role in the national criminal justice system. Exactly the problem that afflicts our processual structure, traditionally characterized for a systematic placement of the victim packed of contradictions and prasseologiche implication. The debate, besides national border, seems more mature: the French model, with a fundamental reform in 2000, reinforced the safety of the victims' rights, and today is proud of institutes such as the juge deleguee aux victimes and the burdaeux des victmes. The Spanish one, that is charachterized by the figure of the acusador particulare, turned the recent reform of the penal process into a opportunity to reshape the protection of the victim, by placing a boss ad hoc. The English model, although it's formally impenetrable to the presence of the victim, also guaratees in practice his partecipation through the public accuse, that takes care of its business. The legislator of the actualization is moving, although in late towards the deadline: currently a draft legislative decree of actualization of the directive 2012 is under consideration of the Commision of the Parliament; also in the Senate lies the Orlando's draft law. It will occur the inclination to change the criminal process of this projects, following standards that take care of the fundamental rights of all its protagonists, taking inspiration from the constitutional model of checks and balances, and leaving the logic of communicating vessels.