Procedural opportunities of the victim in a criminal trial

Abstract

The scientific study is devoted to clarifying the procedural possibilities of the victim’s participation in an adversarial judicial criminal process, based on which recommendations were developed aimed at improving the tactics of conducting certain procedural actions, as well as the provisions of the criminal procedural legislation, which regulate the procedure for the victim’s participation at the stage of the trial. It is substantiated that legal guarantees of the realization of the procedural rights of the victim at the stage of the trial are aimed at creating certain opportunities for the victim in the examination of evidence, prevention (prevention) of violations by other participants in criminal proceedings, termination of violations of procedural rights and restoration of the violated right. It was determined that the basic legal guarantees of the victim during the trial include the following procedural possibilities: to be informed in advance about the time and place of the trial; submit evidence to the court and participate in their direct examination; to file objections and motions; to ensure safety for oneself, close relatives or members of one’s family, property and housing; give explanations, statements or refuse to give them; to challenge decisions, actions or inaction of authorized persons; support the prosecution in court in case the prosecutor refuses to support the state prosecution; to appeal court decisions in accordance with the procedure provided for by the Code of Criminal Procedure of Ukraine and others. Also, in order to provide additional guarantees for the realization of the rights of the victim in the adversarial criminal process, arguments are given for making relevant changes to the Code of Criminal Procedure of Ukraine in terms of: establishing for the victim the opportunity to be present when the preventive measure is selected, changed or canceled, to provide explanations and evidence to support their position, as well as the right to appeal decisions on the specified issues; indicating that the interrogation of the victim begins with the proposal of the presiding judge to give testimony regarding the criminal proceedings, after which his interrogation is carried out by applying direct and cross-examination.