Activation of the Victim’s Role in Pre-trial Proceedings: Remote Forms of Participation

Abstract

The article discusses the issues of activating the role of the victim in pre-trial proceedings as part of the implementation of the “minimum standard rules for the treatment of victims of crimes and abuse of power”. Since active participation in the investigation of a criminal case increases the level of satisfaction of the victim with the justice system, it is proposed to expand the relevant procedural possibilities, while not shifting the burden of proof to him. The beginning of the victim’s interaction with law enforcement agencies should be his participation in the inspection of the scene of the incident. The author proposes to provide the victim with the opportunity to participate in this investigative action remotely, using video conferencing. This will not only increase the level of confidence of the victim in law enforcement agencies, but also provide instant feedback between the investigative task force and the victim of the crime, allowing to correctly determine the direction of the ongoing investigation. The article notes that the victim acquires the full range of procedural rights from the moment the relevant decision is made. The author believes that the victim should be able to immediately familiarize himself with this document, as well as receive other information on the criminal case both personally and remotely, using information and communication technologies. It is noted that it is necessary to organize pre-trial proceedings in accordance with the needs of the victim, giving him the opportunity to choose the form of participation (in person or remotely), as well as the use of a personal digital device to participate in investigative actions through video conferencing. It is proposed to amend the legislation allowing the use of household messengers in the production of remote investigative actions, or the creation of an electronic service on the mobile platform of public services for video conferencing with government agencies.