Subsection 1: Personalised assessment and protective measures

The purpose of the personalised assessment is to determine whether specific protective measures should be implemented during the criminal proceedings. This assessment is carried out in particular in the light of the following elements: the extent of the harm suffered by the victim; the circumstances of the commission of the offence resulting in particular from discriminatory, racist, ethnic, religious, or sexist motivation, or the links existing between the victim and…

The personalised assessment is carried out by the judicial police officer or agent who interviews the victim. He mentions, in the victim’s interview report or in any other document attached to the proceedings, the assessment factors selected from among those mentioned in Article D. 1er-3 or other factors that he or she feels warrant being taken into account.

Subject to the needs of the investigation, the authority conducting the interview with the victim: 1° Receives the victim’s complaint as soon as possible; 2° Conducts further interviews with the victim insofar as they are strictly necessary for the ongoing investigation; 3° Arranges for medical examinations of the victim insofar as they are strictly necessary for the ongoing investigation.

In cases of sexual violence, gender-based violence or domestic violence, the victim shall be heard by an investigator of the same sex if he or she so requests. However, such a request shall not be granted if granting it would hinder the proper conduct of the investigation, in particular where it is necessary to hear the victim urgently.

In the light of the personalised assessment, the authority hearing the victim shall apply the following specific protective measures: 1° Each interview with the victim takes place in premises designed or adapted to the victim’s situation; 2° In the case of sexual violence, the victim is interviewed by investigators specially trained in these offences or with the assistance of investigators who have received such training; 3° The victim is interviewed…

The authority interviewing the victim may decide not to apply one or more of the specific protective measures mentioned in Article D. 1er-7 if granting them would hinder the proper conduct of the investigation, in particular where it is necessary to interview the victim as a matter of urgency.

The judicial police officer or agent who interviews the victim communicates the elements of the personalised assessment to the judicial authority in charge of the proceedings to enable it to decide, if necessary, on an in-depth assessment.