Criminal Procedure Law Research Articles

Tindak Pidana Pencurian Dengan Kekerasan

Violent theft is indeed a crime that makes society restless. The person who committed the crime was indeed from the element of coercion against him. The person dares to do so because of the weak economy and always expects a wealth that takes from someone else's. As will be discussed in this journal regarding cases of violent criminal acts decision number 1475 / Pid.B / 2023 / PN Mdn. This study contains its object regarding the crime of theft with violence, using a juridical-normative type of legal research, meaning that the legal research studied only uses secondary data or library materials. The problem that the author wants to study is how the stages of implementing the case process of decision number 1475/pid.b/2023/pn/mdn based on the criminal procedure law and what are the factors that cause a person's desire to commit theft. Thus, the defendant was sentenced to imprisonment for 3 years and was required to pay a case fee of Rp 5,000. The judge's judgment in sentencing is based on juridical and non-juridical considerations. Juridical considerations involve valid and convincing evidence showing that the accused clearly fulfilled all elements of the crime of violent theft as stipulated in article 365 paragraph (2) 2e of the Penal Code. Meanwhile, non-juridical considerations involve social values and judgments on the character of the accused, as well as factors that may aggravate or mitigate the sentence to be imposed by the judge.

The Forensics in Criminal Proceedings: From Theory to Practice or How to Prevent Limitations

In the beginning of the current century, a new paradigm of assessing the rules in criminal proceedings has been emphasized, more specifically in those criminal cases in which a new trend in applying methodology of criminal sciences is arisen. There is no doubt that the new concept of preventing limitations in assessing the means of the forensics which are directly involved in the process of delivering the criminal decisions has already been accustomed. The current paper focuses on the new concepts of the forensics applicable in criminal proceedings, in such a manner not to exceed the legal framework of criminal procedure law, on the one hand, and to prevent any limitations which should be imposed, on the other hand. In this context, it has been observed that the methodology of investigation through means and instruments of the forensics has reached new dimensions, unavoidable ones. The culture of the forensics is, at the moment, of high interest for the judicial activity of criminal proceedings and, for this reason, a new approach in this matter is expected to be expressed by the legal doctrine in criminal matters.

무죄추정원칙에 비추어 본 현행 구속자석방제도의 문제점 및 개선방안

Our Constitution stipulates the principles of due process (Article 12 (1)) and the presumption of innocence (Article 27 (4)) as in order to maximize the freedom of the person, which is a prerequisite for guaranteeing all basic rights. In particular, the principle of presumption of innocence is the principle that in a criminal trial, a suspect or defendant should be treated as innocent until a guilty verdict is finalized, and the disadvantages should be limited to the minimum necessary. Therefore, since the principle of presumption of innocence is a principle that limits the restraint of the person itself, investigation and trial in criminal procedures are, in principle, required to be conducted in a state of detention. Accordingly, personal restraint in criminal procedures should be exceptionally used only in cases where it is deemed impossible to achieve the purpose of criminal proceedings because it is impossible to effectively respond to crimes by means other than restraint. If alternative means other than restraint are possible, a system should be prepared to select alternative means according to the principle of proportionality.
 Based on these constitutional values, our Criminal Procedure Law has established the principle of investigation without detention (Article 198 of the Criminal Procedure Act) and trial without detention in the operation of the person restraint system. Regulations on the system of personal detention and release of persons under arrest have been revised. However, looking at the reality of the operation of the arrest and release system, it is questionable whether these institutional devices are properly contributing to the realization of constitutional values and principles of criminal procedure law. For example, there is not much difference in the rate of release by adjudication against detention compared to before the introduction of the arrest warrant review system, and the operation of the bail system has also increased the possibility of realizing the principle of trial without detention by introducing various conditions for bail after the 2007 revision of the Criminal Procedure Act. Despite this, the court arrest rate has increased, and the rate of permission for bail has decreased rather than before the introduction of various bail conditions. This trend in statistics leads us to infer that the detention review and bail system, contrary to the purpose of the revision efforts to lower the arrest rate, do not function as practical control means to curb unnecessary detention and prevent the prolongation of detention. Therefore, it is necessary to find a plan that can actually work as an ex post means to realize the constitutional value of the current detainee release system.

О непонятном в понятии доказательств

The article is devoted to the concept of evidence in criminal proceedings. The author draws attention to the variety of terminology. Tries to find out the reason for the different meanings that are put into the terms “proof” and “evidence”. The question of the necessity of the concept of evidence in the text of the criminal procedure law is considered. To explain the nature of the concept of evidence, the work of processualists who formed this concept before the information model of evidence was strengthened is used. The author comes to the conclusion that despite the development of the theory of evidence and the historical continuity of its provisions, there is still a lot of uncertainty in the concept of evidence.

Transformation of House Arrest as a Measure of Restraint in the Russian Criminal Process

Introduction. In the Russian criminal process, a system of measures of procedural coercion has historically taken shape. The leading place in this system is occupied by preventive measures aimed at ensuring the unhindered movement of criminal proceedings. But the application of preventive measures that restrict the freedom of the accused requires the participation of the court and additional guarantees. In the Russian criminal process, one such procedural security measure is house arrest. This article is devoted to the analysis of the evolutionary development of house arrest as a measure of restraint in the Russian criminal process. The study of the process of transformation of the relevant criminal procedural norms will contribute to the conceptual improvement of the system of preventive measures in Russian criminal proceedings. Theoretical Basis. Methods. The theoretical basis of the study was Russian and foreign scientific work in the field of criminal procedure law, devoted to both criminal proceedings in general and the specifics of the use of house arrest. The use of the formal legal method of research made it possible to identify patterns in the transformation of a measure of restraint in the form of house arrest. Results. The article reveals the main historical and modern trends in the legal regulation of the measure of restraint in the form of house arrest. The historical experience and individual changes and additions made to the Code of Criminal Procedure of the Russian Federation during the period of its validity are analyzed, the main directions for further scientific discussion regarding the legal regulation of the measure of restraint in the form of house arrest are outlined. Discussion and Conclusion. Although the preventive measure in the form of house arrest has shown sufficient effectiveness, there is a need to systematize the criminal procedure rules governing the choice of this preventive measure. The author believes that it is necessary to scientifically develop the issues of ensuring the rights of the accused under house arrest.

Problems of Normative Regulation of Investigative (Search) Actions Aimed at Verifying and Specifying Information Obtained During the Pre-Judicial Investigation

The article raises questions related to the definition of the system of investigative (search) actions relevant to modern law enforcement practice and the doctrine of the criminal procedure. Namely, for a long time the 1960 CPC in art. 194 provided for an investigative action such as reconstructing situation and circumstances of a certain event. The lack of legal certainty of this article logically led to a discussion about its legal content, which led scholars to form an opinion regarding the coverage of its normative content by two independent investigative actions – an investigative experiment and verification of testimony on the site. However, such a conclusion was only a doctrinal approach. The legal content of art. 194 of the 1960 CPC of Ukraine remained not clearly defined, which led to a lack of unity in approaches to its understanding until the very adoption in 2012 of the new CPC of Ukraine. Such a defect in the norm of criminal procedural law did not meet the requirements of the rule-making technique, and even less the needs of law enforcement practice. With the adoption of the 2012 CPC and enshrined in art. 240 as a separate investigative (search) activity of an investigative experiment, the discussion regarding the necessity of adopting an additional investigative activity such as verification of testimony on the site has appeared. The aim of the article is to interpret the Art. 240 of the 2012 Criminal Procedure Code to understand its legal content for clarifying the essence of such an investigative action as an "investigative experiment", to establish the types of experimental actions, to distinguish them from similar investigative actions, to resolve the issue of the feasibility of enshrining in the current Criminal Procedure Code such an investigative action as checking testimony on the scene. In this article, the authors express an opinion about the inexpediency of transferring this Soviet-era debate, which has been going for almost 50 years, to the modern times. The author's position is determined by the conceptual provisions laid down in the 2012 CPC, the essence of which is that testimony is information provided during an interrogation. The CPC of 2012 contains a procedural mechanism by which an investigator, inquirer, and prosecutor can verify previously submitted statements. Such proper legal procedure is an interrogation, which, in accordance with the requirements of the CPC, can be conducted both at the place of the pre-trial investigation and at another place, which determines the inexpediency of unnecessary legislative duplication.

Ensuring the Principle of Independence of the Court in Adjudication under Vietnamese Criminal Procedure Law: A Mechanism to Ensure the Right to a Fair Trial

Building an independent judiciary is the goal of all nations today. The independence principle of the Court has been acknowledged in the first Constitution of Vietnam and has been continuously improved in all successive constitutions. The article focuses on discussing: (i) Primary issues of the independence principle of the Court in adjudication; (ii) Legal provisions on ensuring the independence of the Court in adjudication in accordance with national and international law; (iii) Practical issues of ensuring the independence of the Court in adjudication in Vietnam. Finally, the author makes several recommendations to ensure the independence of the Court in adjudication according to the Vietnamese Criminal Procedure Law.

Dasar Hukum Pengajuan Peninjauan Kembali yang Dilakukan Oleh Kejaksaan

The development of the community's need for legal renewal has given rise to many legal phenomena that have emerged at this time. One of them is the submission of legal action for Judicial Review (PK/Heirziening) which is submitted by the prosecutor, even though so far the public sees and knows that legal action for Judicial Review (PK)/Heirziening can only be submitted by the convict, his legal advisor or his heirs. This is clearly regulated in the Indonesian Criminal Procedure Law (KUHAP) that the legal action for Judicial Review (PK)/Herziening is carried out by the convict (can also be submitted through his legal advisor) or his heirs. The legal action for Judicial Review (PK)/Herziening by prosecutors has been carried out repeatedly in Indonesia , and the Chief Justice at the Supreme Court has several times granted the prosecutor's judicial review (PK)/Herziening. The formulation and historical background of the Criminal Procedure Code is clear that PK is the right of the convict or his heirs. The PK requested by the prosecutor has so far violated the regulations legislation. The Criminal Procedure Code does not at all mention that prosecutors can apply for PK, historically PK is actually given as a last resort to the convict or his heirs to change his 'fate'.

INOIY JAVOBGARLIKDAN OZOD ETISHDA JAVOBGARLIKKA TORTISH MUDDATINING O‘TGANLIGI ASOSI: MUAMMO VA YECHIMLAR

This article discusses the procedural problems associated with the release of persons from liability in connection with the expiration of their involvement, as well as the refusal or termination of proceedings in a case that is its procedural procedure, and aspects of the legal regulation of these issues. The article analyzes, from the point of view of legislation and practice, the material and procedural bases of exemption from this responsibility provided for by criminal and criminal procedure law. Scientific considerations and recommendations for overcoming existing problematic and conflict situations are developed. The emphasis is also placed on problematic situations arising in the substantive procedural norms in connection with the expiration of the statute of limitations for bringing to responsibility, in which, on this basis, issues of compensation for material damage to the victim and their legal aspects are considered when exonerating from liability. The study used such methods as analysis, synthesis, induction, deduction, and comparative legal analysis. In the course of the study, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Procedure Code of the Republic of Uzbekistan and other legislative and subordinate acts.

THE MAIN SUBJECTS OF THE CONSTITUTIONALIZATION OF CRIMINAL LAW AND CRIMINAL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

The relevance of the topic of constitutionalization of the legal system in general and the criminal legal sphere in particular is predetermined by the increased importance of the ideas of the rule of law, constitutionalism and constitutional order in the modern world. In this aspect, the concept of constitutionalization is increasingly used in legal doctrine and legal practice, denoting an integral system of effective implementation of constitutional and legal values and principles in the norms of Kazakh legislation and law enforcement practice. The significant role of the norms of the Constitution of the Republic of Kazakhstan determines their regulatory, organizational, value and human rights impact on the formation and development of criminal and criminal procedural legislation. In this regard, the role and importance of constitutionalization subjects increases, the degree of their influence on the formation of legislative proposals for improving legislation, as well as on the adoption of legislative acts that ultimately determine the regime of constitutional order and constitutional legality. The immediate results of constitutionalization are ensured through law enforcement activities and lawful behavior of participants in legal relations. In this regard, it seems necessary to consider the role of the main subjects of the constitutionalization of criminal law and the process in conjunction with the analysis of such concepts as sources of constitutionalization, objects of constitutionalization, auxiliary subjects of constitutionalization. The article analyzes these issues taking into account the fact that the Kazakh doctrine has not yet developed scientifically sound proposals that would consider constitutionalization as a complex system with its interrelated elements: subjects, object, content. The author of the article considers the constitutionalization of criminal law and criminal procedure law as an independent institutional phenomenon of legal reality, the end result of which is the regime of constitutional order and constitutionalism. The main engine and locomotive of constitutionalization will be the subjects that establish, modify, specify or cancel the operation of the norms of national legislation, taking into account constitutional values.

NON LITIGATION AS A SETTLEMENT IN THE JUSTICE MODEL OF HANDLING CHILDREN AS VICTIMS

Justice of the peace is a peaceful effort or solving criminal cases outside the court used by law enforcement to realize the purpose of law for victims and accused of criminal acts. Justice of the peace is not regulated in the Criminal Procedure Code, but this rule has been regulated in the police, the prosecutor's office and the juvenile criminal justice system. Need to do a first analysis of how the legal basis of Justice of the peace by law enforcement in an effort to provide a sense of justice for victims in the Criminal Procedure Law system in Indonesia?. Second, How does justice of the peace as an effort to provide a sense of justice for victims of child abuse case study in Medan Polrestabes?. The research method is normative juridical by analyzing the rule of law related to restorative justice and case studies of child abuse in Medan Polrestabes. That the regulated Justice of the peace has fulfilled the legal purpose and legal basis of restorative justice in the police with “Perpol No. 8 of 2021 in the settlement of criminal cases in the handling of investigations, the Indonesian prosecutor's regulation in the termination of prosecutions, the Supreme Court issued rules in terms of guidance on using non-litigation settlement from the investigation stage, prosecution to the trial process. That analyze restorative justice case study of child abuse in Medan Polrestabes the peace process is an agreement taken for the benefit of the victim, not the interests of the perpetrator in order to meet the legal objectives of certainty, justice and benefit for the victim.

RЕSTRIСTIОNS AND РRОHIBITIОNS IMРОSЕD ОN THЕ AССUSЕD (SUSРЕСT) WHЕN ЕLЕСTING HОUSЕ ARRЕST AS A MЕASURЕ ОF РRЕSTRЕSSIОN

The article provides an analysis of the restrictions and prohibitions imposed on the accused (suspect) when choosing house arrest. The problems arising during the application of this preventive measure are revealed, foreign experience is investigated, as a result of which the author proposes additions and amendments to the criminal procedure law. The measure of procedural coercion in the form of house arrest is most adequate to the socio-economic level of development of society, corresponds to the principle of individualization of the application of preventive measures, taking into account data on the personality and nature of the committed act, provides prerequisites for the lawful behavior of the subjects of criminal procedural legal relations subject to criminal prosecution. The affiliation of house arrest to preventive measures in criminal proceedings makes it dependent on the general goals of this institution. Consequently, house arrest as a preventive measure primarily ensures the proper behavior of the accused (suspect) in the criminal process. In our opinion, house arrest is a synthesis of several types of preventive measures, the origins of which should be sought in the theory of criminal procedure. A scientific analysis of the legal relations arising from the application of house arrest leads to the conclusion that it is necessary to reform not only the norm governing house arrest, but also the entire set of norms of the criminal procedure law. In this regard, the procedural procedure for the use of investigative actions – listening and recording of negotiations, interception of messages, including the procedural mechanism for transmitting the results of the interception by the contractor to the body carrying out the criminal process, are subject to improvement.

Základní zásady trestního řízení – jejich výjimečnost a výjimky z nich

This article deals with the basic principles of criminal procedure in the context of the forthcoming recodification of criminal procedural law. The basic principles of criminal procedure represent the guiding ideas of Czech criminal procedure and their importance is concentrated in the functions they perform. In the context of the forthcoming recodification, the legislative function is gaining importance. As the basic principles are the principles of criminal procedure, they cannot be applied in all situations and stages equally. Their characteristic features are conditionality and harmonious system, but they may also have a contrapositional character. The article draws attention to the exceptional (unique) position that these principles have in the criminal process, but it also shows the exceptions to them.

Peculiarities of a court decision in criminal proceedings involving persons suffering from mental disorders

The article, based on the analysis of the provisions of criminal and criminal procedural law and relevant judicial practice, reveals the peculiarities of the court decision in which compulsory medical measures are applied to persons with limited criminal convictions. Such peculiarities include: the adoption of a court decision regarding defendants with limited convictions in the form of a sentence; the regulatory limitation of the variability of compulsory medical measures only by the provision of outpatient psychiatric care on a compulsory basis; inconsistency in the terms of the prescribed punishment and the use of compulsory medical measures. The latter determines the logic of the question regarding the need for the simultaneous application of two criminal-legal measures of a different nature. It is noted that the procedure for applying compulsory medical measures to persons with a limited criminal record is related to criminal proceedings regarding the application of compulsory medical measures (Chapter 39 of the CPC).In the context of the problems considered, the issue of the possibility of concluding and approving an agreement in criminal proceedings involving persons suffering from mental disorders is investigated. Both court decisions that approved such an agreement and court verdicts that refused to approve the agreement are analyzed from the point of view of argumentation. In terms of three key aspects (the subject of criminal procedural consensus; voluntariness as one of the manifestations of criminal procedural capacity; prospects for fulfilling the terms of the concluded agreement), the position is expressed regarding the expediency of enshrining at the legislative level the impossibility of concluding and approving an agreement with the participation of a suspect, an accused person who has a limited criminal record. It is proposed to extend a similar approach to the victim suffering from mental disorders and to determine that it is impossible to conclude a reconciliation agreement with their participation.

Penerapan Pemeriksaan Saksi Secara Bersama-Sama Dalam Persidangan Perkara Pidana

The examination of witnesses regulated by Act No. 8 of 1981 on the Code of Criminal Procedure Law (hereinafter referred to as KUHAP) is a provision concerning formal criminal law. In the case No. PDM-242/JKTSL/10/2022 with the accused Ferdy Sambo (FS) and the case N. P.D.M-246/Jktsl/10/2022 with Princess Chandrwati (PC) there is an event conducted examination of witnesses jointly, becoming a material of investigation, whether such examination can be carried out simultaneously considering the witness in giving explanations must be independent. To respond to the focus of research in this research use normative jurisprudential research methods with conceptual approaches and legislative approaches. The conclusion is that the joint examination of witnesses is based on Article 172 (1) of the Convention. Accordingly, the public prosecutor or the accused or the legal counselor may prepare a witness of a qualitative nature, subject to the provisions of applicable law, so that the testimony of the witnesses may have a valid proof force. Furthermore, it is expected that the law enforcement agencies will be able to carry out witness examination procedures accurately and honestly in order to the objective of the examination in the trial, which is to material truth.

The Problems and Development Direction of the Objection System of Criminal Trial Jurisdiction

China's criminal procedure law has not yet stipulated the jurisdiction objection system, and in judicial practice, different courts have different ways of handling the jurisdiction objection of criminal trial, which not only damages Procedural justice, but also challenges the judicial credibility of relevant courts. During the operation of the jurisdiction system, the parties have almost no say in their own jurisdiction interests. Based on the litigation concept of procedural fairness, the parties should have the right to raise objections due to the lack of jurisdiction or inappropriate jurisdiction of the judicial authorities. In order to correctly safeguard the legitimate rights and interests of litigation parties and the development of judicial practice, it is urgent to learn from the beneficial experience of the relevant jurisdiction objection system in foreign criminal procedure laws, and promote the construction of the jurisdiction dispute system in China's criminal procedure law. Within the basic framework of the criminal litigation legal system and in combination with judicial practice, China can selectively draw on the objection system of extraterritorial criminal trial jurisdiction, construct a criminal trial jurisdiction objection system that is in line with China's national conditions, and achieve the organic unity of cracking down on crime and protecting human rights. This article studies the problems in the objection system of criminal trial jurisdiction and the countermeasures to the issue of objection to trial jurisdiction in China.

암호화된 스마트폰 압수·수색 규범의 법률화 필요성

The discovery of the substantive truth of a crime requires evidence. In the past, the confession of a suspect was considered the “king of evidence”. However, in modern criminal procedures that prioritize objective and scientific evidence, smartphones have taken over as the “king of evidence” due to their ability to contain various personal information such as photos, videos, voice recordings, location data, and messages. As a result, criminals employ various means to destroy their smartphones, while investigative agencies make efforts to prioritize securing the smartphones of suspects. The advancement of technology and features in smartphones has made the legality of the seizure and search procedures for smartphones crucial. However, the criminal procedure law has not developed in parallel to accommodate the changing landscape of seizure and search of smartphones. Therefore, provisions regarding analog evidence, a few regulations related to digital evidence, and court judgments and decisions form the norms for the seizure and search of smartphones. The current criminal procedure law lacks sufficient provisions regarding the seizure and search of smartphones and should be explicitly stated in the law in a timely manner. To address this, this paper examines the main regulatory contents by categorizing them into stages such as the issuance of warrants for the seizure and search of smartphones, execution of such warrants, selective seizure of smartphones, and analysis stages. Smartphones contain a significant amount of personal information. Therefore, excessive seizure and search of smartphones can infringe not only on the property rights of the person being seized but also on their personal information, privacy, and, in some cases, intellectual property rights. On the other hand, insufficient seizure and search can hinder the discovery of the substantive truth of a crime. Thus, regulations explicitly established in the law should comprehensively consider the characteristics of smartphones, the fundamental rights infringed upon the person being seized, and the discovery of the substantive truth. The seizure and search procedures for smartphones should not continue in their current defective form. Basic contents that need to be regulated by law should be explicitly stated in the criminal procedure law. To achieve this, the legislative and justice departments need to make more proactive efforts in the legislative process.

Normative and legal regulation of the questioning of medical workers as witnesses in criminal proceedings: problems of the conceptual apparatus

This article examines the terminological problems of legal regulation of the questioning of medical workers as witnesses in criminal proceedings. For this purpose, the criminal procedural norms regulating the questioning of a medical worker in the status of a witness, as well as the provisions of the Civil Code of Ukraine, the Fundamentals of Ukrainian legislation on health protection, and secondary regulatory legal acts (Rules for prescribing prescriptions for medicinal products and medical products, Instructions on the work of departments (groups, sectors, senior inspectors) monitoring the execution of court decisions of penal institutions and remand prisons, the Procedure for the provision of medical care to those sentenced to imprisonment, the Rules of Internal Procedure of remand prisons of the State Criminal Enforcement Service of Ukraine).
 It was established that Clause 4, Part 2, Art. 65 of the Criminal Procedure Code of Ukraine (hereinafter referred to as the Criminal Procedure Code of Ukraine) of medical workers who, in connection with the performance of professional or official duties, became aware of an illness, medical examination, examination and their results, intimate and family aspects of a person’s life - about information, which constitute a medical secret, it is not allowed to be questioned as witnesses. In such a case, interrogation is possible on the condition that the medical worker is released from the obligation to keep professional secrecy by the person who entrusted them with this information, to the extent determined by him.
 It was found that, as of today, in Ukrainian legislation, the term «medical worker» is contained in several subordinate legal acts, and their content is not the same; the term «medical secrecy» is not formally defined, and such a component of the term «medical secrecy» as «intimate and family aspects of a person’s life» is not defined either in the criminal procedural law or in any other regulatory legal acts.
 Conclusions were made about the need to improve the conceptual apparatus in terms of regulating the questioning of medical workers as witnesses by unifying and specifying the terms «medical worker» and «medical confidentiality», as well as making changes to Clause 4, Part 2 of Art. 65 further - CCP of Ukraine.

Pasal 156 KUHAP Ditinjau Dari Asas Audi Et Alteram Partem

Introduction: Criminal procedural law is part of criminal law, while the principle of Audi Et Alteram Partem is one part of the criminal procedural law, commonly also known as the principle of balance, in court decisions there is a duplik istila or refutation from the defendant to plaintiff. 
 Purposes of the Research: The purpose of this study is to examine the position of duplik in the practice of criminal procedural law. 
 Methods of the Research: This research uses normative juridical research methods, commonly known as legal materials, normative legal research is a research that examines literature materials in the form of books and laws that have existed before, normative legal research is also known as docrinal legal materials. 
 Results Originality of the Research: The results of this study show that the position of duplik in the trial is very low because it clashes with article 156 of the Criminal Procedure Code which does not justify the existence of duplex in making decisions by judges, so that the defendant through his legal representative cannot file objections and release himself in order to get justice.

The relationship between the victim and the victim of a criminal offense

The article examines topical issues of correlation between the victim in criminal law and the gestures of a criminal offense in criminology. This makes it possible not only to identify common and distinctive features of these categories, but also to better understand their legal nature, to determine the prospects for improving legislation in this area of legal regulation, and also to outline the boundaries of victimization prevention of crimes and criminal offenses.
 The author establishes that the criminological term « gestures « is certainly based on the criminal law term «victim». A victim of a criminal offense is understood primarily as an injured individual who is recognized as such in accordance with the provisions of criminal law or criminal and criminal procedure law. However, some criminologists do not limit themselves to them and identify other persons who have suffered damage not directly but indirectly. A victim of a criminal offense is characterized not only by criminal law features, but also by other features which are not of criminal law significance.
 The author argues that the main criteria for distinguishing between a victim and an injured person are as follows: 1) these categories belong to different characteristics of criminal offenses (criminological and criminal law); 2) they are characterized by different features; 3) they have different purposes.
 Despite the fact that the gestures of a criminal offense is usually recognized as an individual, the object of criminological research should also be legal entities that have suffered damage as a result of a crime or criminal offense. Although they are not necessarily called gestures of a criminal offense.