Luxembourg introduces new measures to improve victim protection and strengthen the fight against serious crime

The Luxembourg government approved two bills aimed at strengthening the rights and safety of victims of crime. One of them deals with increasing penalties for serious offences, the other with improving European co-operation on victim protection.

Denial of suspended sentences for serious offences: a new norm

Previously, judges had to motivate the refusal to grant a suspended sentence for both criminal and non-criminal cases. Now the mandatory motivation will remain only for sentences of less than two years' imprisonment. For more serious offences, such as sexual assault, child abuse and financial offences, on the contrary, the court will be obliged to justify the granting of a suspended sentence.

Justice Minister Elizabeth Margue said, "These changes strengthen the fight against serious crime, particularly sexual violence and family crime, and aim to better protect victims."

The initiative is also in line with the recommendations of international organisations such as the Financial Action Group (GAFI), GRETA and GREVIO, which call for stricter measures to combat trafficking and violence against women.

European defence: a new level of co-operation

The second draft law strengthens the legal framework for the implementation of the EU Directive 2011/99/UE ensuring mutual recognition of victim protection decisions between EU countries. The aim of the document is to ensure that victims and potential victims of crime are protected in the territory of any EU Member State if they are under judicial protection in their own country.

Such measures are particularly relevant for victims of domestic violence and stalking. The Directive regulates three key types of protection:

• prohibition to visit certain places associated with the victim (place of residence, work, frequent routes);
• prohibition of any form of contact with the victim (written, verbal, virtual);
• Restriction or prohibition on approaching the victim within a set distance.

These measures are designed to ensure continuous and harmonised protection for victims anywhere in the EU. Thanks to the new law, the rights and safety of victims will be protected regardless of which EU country they are in.

The move to stricter measures is aimed at preventing recurrence of violence and maintaining the safety of those at risk. One of the main benefits of the changes is the integration of protection at the international level, which minimises legal gaps when crossing borders.