This next section will offer you a practical overview of the main stages of the criminal proceedings and steps following a hate crime or act of violent extremism, with a focus on the European Union legal framework, particularly the rights established under Directive 2012/29/EU. It covers what happens after a crime is reported, the role of the victim during the police investigation and prosecution, protective measures available during court proceedings, and the rights that continue after the trial.

The aim of this section is to help victims better understand what to expect and to support professionals in providing accurate, rights-based assistance throughout the process. While the information is grounded in EU standards, specific procedures may differ across Member States. Therefore, this section also encourages both victims and professionals to consult their national legislation and support services for country-specific guidance and assistance.

Step 1

Understanding Hate Crime and (Violent) Extremism

From a European Perspective

Hate crime and violent extremism are interrelated phenomena that undermine individual rights, democratic values, and social cohesion.

Hate Crime

A criminal act committed with a bias motive, meaning it is driven by hostility or prejudice toward a person or group based on characteristics such as race, ethnic origin, religion, sexual orientation, gender identity, disability, or other protected attributes.

European Union Agency for Fundamental Rights (FRA, 2018)

On the other hand, violent extremism refers to the beliefs and actions of individuals who support or use violence to pursue ideological, religious, or political goals.

This includes acts of terrorism and other forms of ideologically motivated violence (UNODC, 2018).

Step 2

Reporting the Crime

Knowing where and how to report a hate crime or an act of violent extremism is essential to ensure protection, access to justice, and appropriate support.

Where to report the crime

A hate crime or a violent extremism incident can be reported not only by the victim but also by a witness or any other person who becomes aware of the incident.

In many EU countries, third-party or anonymous reporting is possible and encouraged, especially in cases where the victims may be afraid or unable to report the crime themselves.

However, the procedures and legal recognition of such reports may vary from one country to another.

For this reason, it is important that victims, professionals and common citizens, consult the relevant national legislation or guidelines to understand who is authorised to file a complaint.

Common reporting channels include:

Local police stations

Victims can report the crime in person and file an official complaint.

Online police portals

Many EU countries offer digital platforms, some allowing for anonymous or third-party reporting.

Civil society organisations and victim support services

These can assist with preparing the report, accompany the victim to authorities, or act on their behalf.

Professionals such as social workers, legal advisors, educators, or health professionals should support victims in navigating these options, ensuring they feel safe, heard, and informed throughout the process.

Victim’s rights during the reporting phase

Victims of hate crime and violent extremism are protected under Directive 2012/29/EU of the European Parliament and of the Council, which lays down minimum standards on the rights, support, and protection of victims of crime.

Key rights during the reporting phase include:

Right to understand and be understood (Article no. 3º)

Communication must be adapted to the victim’s needs and delivered in a respectful and accessible way (e.g. language, age, disability).

Right to receive information from the first contact with a competent authority (Article no. 4º)

Victims must be informed about how and where to report the crime, the type of support they can receive, and the steps of the legal process.

Right of access to victim support services (Article no. 8º)

Victims have access to free and confidential support, regardless of whether the crime is formally reported.

Right to be heard (Article no. 10º)

Victims must be given the opportunity to make a statement during criminal proceedings.

Right to legal aid (Article no. 13º)

Victims may receive legal advice and representation if necessary, particularly in complex or cross-border cases.

Right to protection (Articles no. 18º–21º)

Authorities must assess the victim’s individual protection needs and apply measures to prevent re-victimisation, intimidation, or retaliation. Special attention must be given to victims of hate crime and vulnerable people.

Step 3

Police Investigation

After a hate crime or act of violent extremism is reported, the police begin an official investigation to establish the facts, identify those responsible, and prepare the case for possible prosecution/trial.

Victims have a defined role and specific rights throughout this process, which must be respected by law enforcement and justice institutions.

What happens after reporting

Once a report is filed, the police will:

Collect evidence (e.g. witness statements, surveillance footage, forensic materials).

Identify and interview suspects and witnesses.

Collaborate with prosecutors or judicial authorities to determine legal steps.

Victims may be contacted again during this phase for follow-up information or clarification.

Role of the victim in the investigation

The victim’s participation is important. Depending on the case and national procedures, the victim may:

Provide a detailed statement or testimony.
Submit additional evidence (e.g. messages, photos, medical reports).
Help identify the suspect, when applicable.
Request updates and follow-up from the investigating authority.

Victims are not responsible for gathering or providing evidence in a criminal case, that is the role of law enforcement authorities and the Public Prosecutor, in accordance with national legal procedures.

Even though victims’ cooperation can contribute to a more effective investigation, it is equally important to ensure that victims are not pressured or retraumatised during this process, and that their rights, safety, and well-being are prioritised throughout.

Rights of the victim during the police investigation
According to Directive 2012/29/EU, victims have clear rights during this stage:

Professionals working with victims should ensure that these rights are upheld, explain procedures clearly, and intervene if communication with authorities is difficult or distressing.

Right to be informed (Article no. 6º)

Victims must be kept updated on key steps in the investigation, such as the decision to file an accusation against the perpetrator.

Right to be heard (Article no. 10º)

Victims have the right to make a statement and to be treated with respect and professionalism throughout.

Right to legal aid and support (Articles no. 8º and 13º)

Victims are entitled to free support services and legal advice where needed, including emotional and psychological assistance.

Right to interpretation and translation (Article no. 7º)

If the victim does not speak the language of the proceedings, interpretation and translation must be provided free of charge.

Right to protection (Articles no. 18º–21º)

Authorities must assess the need for protection measures, especially in hate crime cases or when the victim may be at further risk.

Outcomes of the Investigation

At the end of the investigation by the authorities, several outcomes are possible:

Charges may be filed, and the case proceeds.
The case may be closed if there is insufficient evidence or if the perpetrator cannot be identified.
Alternative measures may be proposed in some cases, such as mediation or restorative justice (if safe and appropriate for the victim).

Victims have the right to be informed of the outcome (Article no. 6º) and, in many countries, to appeal decisions not to prosecute (Article no. 11º).

Step 4

Public Prosecutor’s Role

Once the police investigation is complete, the case is passed to the Public Prosecutor.

The prosecutor plays a central role in deciding whether the case should proceed to trial and ensure that justice is served.

This phase is crucial, especially in hate crime and violent extremism cases, where victims’ rights and safety must continue to be protected.

Decision-making process

The Public Prosecutor reviews all evidence collected during the police investigation and evaluates:

Whether there is sufficient evidence to proceed to trial;
Whether the offence meets the legal criteria for prosecution;
If the public interest justifies moving forward with criminal proceedings.

Victim’s role and rights in this phase

According to Directive 2012/29/EU, victims retain key rights during the prosecutor’s review:

Right to be informed of key decisions (Article no. 6º)

Victims must be notified if the prosecutor decides to charge the offender, archive the case, or refer it to another authority.

Right to participate (Article no. 10º)

In many EU countries, victims have the right to submit comments, request a review, or act as a “civil or private party” in the proceedings.

Right to review a decision not to prosecute (Article no. 11º)

Victims can request an explanation and, in most jurisdictions, appeal or seek review if the case is dismissed.

Professionals supporting victims should help explain the possible legal scenarios and support victims in exercising these rights, especially if the outcome is unexpected or distressing.

Protective measures for victims

Even during this phase, protection remains a priority, especially in hate crime and violent extremism cases. Victims may benefit from:

Ongoing risk assessment and safety planning (Article no. 22º)

Member States must ensure that victims are assessed in a timely and individual manner, in accordance with national procedures.

To identify their specific protection needs and to determine whether, and to what extent, they could benefit from special measures during criminal proceedings.

Restraining orders or protection orders (Article no. 18º)

Member States must ensure the implementation of measures to protect victims and their family members from:
→ Secondary and repeat victimisation;
→ Intimidation;
→ Retaliation;
→ Particularly from the risk of emotional or psychological harm;
→ Safeguarding the dignity of victims during interviews and testimony.

Outcomes of the Public Prosecutor’s Review

Depending on the case, the public prosecutor may:

File formal charges and refer the case to criminal court.
Close the case due to lack of evidence or legal grounds.
Suspend the case, pending further investigation or changes in circumstances.

Step 5

Court Proceedings

Court proceedings can be emotionally challenging for victims of hate crime and violent extremism.

Understanding what happens in court, the victim’s role, and what rights continue after the trial helps ensure that victims feel informed, protected, and supported throughout the justice process.

What Happens in Court and the Victim’s Role

During the court trial, a judge (or a panel of judges) examines the evidence, hears testimony, and decides whether the accused person is guilty under the law.

The public prosecutor presents the case, and the defense has the right to respond.

The victim’s role may vary depending on the legal system of the country, but typically includes:

Testifying in court as a witness.

Acting as a “civil party” or “private prosecutor” in some countries, which allows the victim to have an active legal role in the proceedings.

Being present at the trial, even when not formally participating.

Special Protection in Court (If It Exists)

Victims of hate crime and violent extremism are often particularly vulnerable during court proceedings.

According to Directive 2012/29/EU (Article 22), victims are entitled to an individual assessment to determine whether they require special protective measures during the criminal process.

When such needs are identified, victims may benefit from specific safeguards (Article no. 23º) designed to reduce distress and prevent further harm, including:

Preventing visual contact between the victim and the offender

Especially during testimony, through the use of appropriate tools such as screens or video links.

Allowing the victim to testify without being physically present in the courtroom

Using suitable communication technologies.

Limiting questioning about the victim’s private life

Ensuring that only information directly related to the crime is discussed.

Holding hearings behind closed doors

To protect the victim’s privacy and dignity.

What Happens After the Trial

Once the court reaches a decision, the following may occur:

Conviction

→ If the accused is found guilty, the court may impose penalties such as prison, fines, or restrictions.

Acquittal

→ If acquitted, the accused is cleared of charges, though civil or administrative options may still be available.

→ The victim may be awarded compensation directly by the court or referred to a separate compensation process.

→ Both the offender and the victim may, in some countries, appeal the decision depending on national law.

Rights After the Trial

Under Directive 2012/29/EU

Under Directive 2012/29/EU, victims continue to have rights after the trial, including:

Right to be informed of the outcome (Article no. 6º).
Right to appeal certain decisions, including non-prosecution or sentencing outcomes (Article no. 11º).
Right to compensation for harm suffered from the offender (Article no. 16º).
Right to protection if there is an ongoing threat (Article no. 18º).

→ Professionals should follow up with victims after the trial to ensure:

Continued access to support;
Clarify the legal implications of the outcome;
And assist with any next steps, such as enforcement of protection orders or compensation claims.