PT
A criminal law that, in order to uphold the rights of victims, seeks to become more European.
Press
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in Jornal de Notícias
22 Feb 2026

A criminal law that, in order to uphold the rights of victims, seeks to become more European.

A criminal law that, in order to uphold the rights of victims, seeks to become more European.

On this issue, and given the importance it may assume in the political debate in the coming days, it is worth noting that the Government recently announced a proposal that promises greater protection for victims of domestic violence and minors. In the words of the Minister responsible, it provides for the extension of the scope of the mechanism of statements for future memory (thus avoiding revictimization) and the creation of specific rules for hearing children, adapted to their age.

On 22 February, the European Day for Victims of Crime is celebrated. It was established in 1990 by Victim Support Europe with the aim of raising awareness about the protection and safeguarding of the rights of crime victims.

For a long time in Portugal, victims were not even afforded distinct recognition within criminal law provisions. Only in 2015, with the publication of the Victim’s Statute, following a normative directive from the European Union, did victims gain their own standing within the Penal Code. It may seem like a formality, but it represents the materialization of the right to have a voice and the recognition that when someone becomes a victim, we all fail.

Over time, what has changed? The victim is still not at the center of proceedings and often does not receive the justice that is due. However, victims now have a voice; they have the right to be informed, to intervene when necessary, to receive assistance, to be protected, and to be compensated regardless of whether they formally join the proceedings as an Assistant (a procedural party whose appointment entails costs). In cases of violent crimes and/or domestic violence, they may also have their compensation advanced.

Portuguese law—particularly as a result of European legislation—has given victims a voice, and it is the responsibility of legal professionals to ensure that they are never silenced.

It is now up to the State to go further and ensure that, regardless of the economic situation of the offender, compensation is available to all victims. The commission of a crime cannot be erased, but it may be minimized or mitigated by a sense of justice. It is also the State’s duty to ensure that justice does not lose its fairness due to a lack of timeliness.

On this issue, and given the importance it may assume in the political debate in the coming days, it is worth noting that the Government recently announced a proposal that promises greater protection for victims of domestic violence and minors. In the words of the Minister responsible, it provides for the extension of the scope of the mechanism of statements for future memory (thus avoiding revictimization) and the creation of specific rules for hearing children, adapted to their age.