Legal information - Question 2

To which provisions is an under-aged victim of human trafficking entitled during criminal proceedings?

The Instructions for Human Trafficking stipulate that under-aged victims must receive additional protection during a criminal trial. In addition to the regular facilities and provisions, the following applies to underage victims:

  • If possible, the underage victim should be interviewed by the same people.
  • If possible, the interview should take place in a space which has been adapted or specifically designed for that purpose.
  • During the interview, the victim may have themselves accompanied by a representative or by an adult of their choice (subject to exceptions).
  • If possible, video recordings are made of the interviews with the under-aged victim or under-aged witness, which can be used as evidence in the criminal proceedings.

The Instructions for Human Trafficking also stipulate that similar measures must be considered for victims with special needs, in particular if these needs are the result of pregnancy, a health condition, a disability, a mental disorder or mental illness, or if they are the result of serious forms of psychological, physical or sexual violence to which they have been subjected.