Victims In Criminal Proceedings Research Articles

PECULIARITIES OF INTERROGATING JUVENILE VICTIM IN PRE-TRIAL PROCEEDINGS

The aim of the research is to study, analyse and discover issues of peculiarities of interrogating a juvenile, who has suffered from a criminal offense against morality and sexual integrity, in the pre-trial proceedings. The paper deals with study of the status of a juvenile victim in criminal proceedings concerning morality and sexual integrity and the related regulatory framework, as well as the procedure for interrogation of a juvenile victim who has suffered from a sexual offence. During the research it was concluded that the Criminal Procedure Law requires the following additions: to regulate the status of an especially protected victim during a trial and to provide for peculiarities of interrogating such victim during court investigation; to stipulate the right of a person directing the proceedings to change a representative of the victim, who has known or suspected a sexual offence against a child but failed to prevented it, throughout the criminal proceedings; to determine mandatory simultaneous participation of juvenile especially protected victim’s representative and provider of legal aid in all procedural actions, determine mandatory participation of a psychologist during interrogation of a juvenile victim; to provide for a full interrogation report instead of an overview to be prepared concerning investigatory activity recorded in the sound and image record, and the report shall contain all the facts established in the investigatory activity and its process.

МЕХАНИЗМ ЗАЩИТЫ ПРАВА ПОТЕРПЕВШЕГО НА ЭФФЕКТИВНОЕ РАССЛЕДОВАНИЕ В УГОЛОВНОМ СУДОПРОИЗВОДСТВЕ

The article examines the international legal foundations of the victim's right to an effective investigation, the possibility of exercising the victim's right to an effective investigation under the Criminal Procedure Code of the Russian Federation, as well as the mechanism for implementing the victim's right to an effective investigation in the decisions of the Constitutional Court of the Russian Federation. The question of the procedural status of the victim and the moment of his acquisition as a starting point for the protection of his rights is investigated. Attention is drawn to the specifics of appealing actions and decisions of officials conducting criminal prosecution to victims of a crime in accordance with art. 125 The Code of Criminal Procedure of the Russian Federation as the most effective mechanism for protecting the rights of the victim in criminal proceedings.

Sexual Support for Female Victims in Sexual Crimes

This research investigates the types of support that can be provided to female victims in cases of sexual crimes. Victimization of women and the methods of prevention vary from one society to another, depending on temporal, spatial, and especially cultural factors. In Iran, the issue of women’s victimization concerning violence and sexual crimes is closely tied to cultural and religious factors. Consequently, the type of support and preventive measures is also influenced by these factors. The research methodology is descriptive-analytical and relies on library sources. The findings indicate that one of the major issues faced by female victims of sexual crimes is the weakness in the system of evidence. Since most sexual crimes occur in secrecy, the current evidence laws are not applicable. Another right of victims in criminal proceedings is ensuring their safety, which depends on implementing measures to prevent threats or retaliatory actions by the accused or their family. Raising awareness and informing the victim is one of the most important ways to respond to victims' needs. This awareness could pertain to the human and ethical rights of victims, information about the progress of criminal investigations, the timeline of the proceedings, the status of the case, and whether the accused is detained or released on bail or surety. Ultimately, achieving a model of criminal support within the framework of criminal policy not only requires precise and comprehensive planning but also the support of governmental institutions and organizations, including welfare organizations and civil institutions.

PROBLEMS OF REALIZATION OF THE RIGHTS OF VICTIMS IN CRIMINAL PROCEEDINGS

The article deals with the features of a participant in criminal proceedings on the part of the prosecution-the victim. The author notes the high importance of observing the interests of the victim as a victim of a crime in criminal proceedings, which is one of the elements of the constitutional balance of interests in the criminal procedure legislation of the Russian Federation. The article analyzes the features of procedural rights under the Statute of Criminal Proceedings of the Russian Empire before 1917. It is noted that the victim of the crime had a greater amount of rights in cases of private prosecution. The author analyzes the modern approach of the legislator in a number of European countries (Great Britain, the French Republic, the Swiss Confederation) to the protection of the rights of the victim of a crime in criminal proceedings. Attention is drawn to the fact that according to European legislators, the state, represented by its public bodies that carry out criminal prosecution, should not only bear greater responsibility for bringing the perpetrators to criminal responsibility, but also impose the burden of compensation for the damage caused to the victim of the crime. Several variants of approaches to solving the problem of improving the procedural status of the victim in the criminal proceedings of the Russian Federation are proposed. The author expresses an opinion on the practical solution of certain problems of protecting the rights of the victim in criminal proceedings, without making changes to the Russian criminal procedure legislation. The article is illustrated with examples from judicial practice.

The Protection of Rights and Legitimate Interests of Victims in Criminal Proceedings Against Judges of the Constitutional Court of the Russian Federation

The article examines some aspects of the protection of rights and legitimate interests of victims in criminal proceedings against judges of the Constitutional Court of the Russian Federation, analyzes the historical aspects of the emergence of the institution of constitutional control in modern Russia, examines the regulatory framework for the activity of judges of the Constitutional Court of the Russian Federation, examines the status of judges of the Constitutional Court of the Russian Federation, considers the criminal procedural grounds for proceedings on criminal cases against judges of the Constitutional Court of the Russian Federation. The author proposes some measures aimed at revising the current complicated criminal proceedings in relation to these categories of persons in order to improve the protection of the rights and legitimate interests of victims in such criminal cases.

On the function of the victim in criminal proceedings.

On the function of the victim in criminal proceedings.

Victim Protection in Criminal Proceedings at European Level

The protection of victims of crime is a priority, both in the European Union and in the Member States. Crime is, on the one hand, a detriment to society and, on the other, a violation of the individual rights of victims, so that they must first be recognized and then treated by the judicial authorities with respect, attention and professionalism, without discrimination. This study aims to present in a non-exhaustive way the regulation of victims' rights, including its evolution, and the protection of criminal proceedings, emphasizing the role of victims in criminal proceedings and the standards pursued by the Union in this area, including their consolidation in the coming years.

BASIC PRINCIPLES AND GENERAL CONDITIONS OF PROCEEDINGS IN CRIMINAL CASES ON CRIMES COMMITTED BY MINORS AND AGAINST MINORS

Taking into account the amendment to the Constitution of the Russian Federation of 2020 on the priority of childhood (part 4 of article 67.1), the article formulates proposals to introduce into the Code of Criminal Procedure of the Russian Federation provisions on the basic principles and general conditions of proceedings in criminal cases of crimes committed by minors and against minors. To develop this novelty of the law, we propose to expand the possibilities of providing qualified legal assistance to minor victims - to provide such an opportunity for all minors under the age of 18 who became victims of serious and especially serious crimes, as well as for all minors under the age of 16, who became victims as a result of committing crimes of any gravity; the presence of such a right to a minor and his legal representative must be explained by the investigator, the head of the investigative body, the prosecutor, the court. Only such an approach will help ensure the real priority of the rights of juvenile victims in criminal proceedings.

Трансформація процесуального статусу потерпілого у кримінальному провадженні

The article attempts a comprehensive study of the content of the transformation of the procedural state of victim in the retrospective development of the national criminal - procedural legislation, as well as to identify problems and ways to overcome them regarding compensation for the damage caused to the victim in the event of a criminal offense committed in relation to his criminal offense. The development of criminal procedural legislation and generalized features and specific characteristics that are inherent in one of the main participants in the process – the victim – are determined. Research and analyzed normative legal acts that regulate the procedural status of the victim in criminal proceedings at different times of development of criminal and procedural legislation, as well as generalized domestic judicial practice on the implementation of the mechanism of compensation for damage caused. Attention is paid to the impact of international legal acts on the development of national legislation, especially in terms of ensuring the rights and freedoms of man and citizen, including in relation to persons who have caused any harm to criminal offenses. The transformation of the legal status of the victim from not recognizing it in the socialist-type legislation, to development and improvement in various historical stages of the state's development is analyzed. The system of procedural forms of realization of the victim's right to compensation for the damage caused to him in criminal proceedings has been determined. It is proved that one of the main reasons to consider a person as a victim is the proven fact of the cause-and-effect connection of the damage caused by the criminal offense. In this connection, damage is an obligation factor and an objective category that reflects the changes that have occurred in the property, physical, mental, moral condition of a person as a result of a criminal offense. Harm caused by a crime or a criminal offense, which is the basis for recognizing a person as a victim. It is determined that the national legislation, regulating the system of public relations in various spheres of legal relations in some legislative acts, determined the legal grounds for applying to the court in terms of compensation for moral (non-proprietary) damage caused in the first place. Thanks to the analysis of theoretical provisions, current legislation and individual positions of judicial practice, problematic issues have been clarified: Until now, at the legislative level, an effective mechanism has not been created that would make it impossible to make attempts to evade compensation for the damage caused. This is, in our opinion, requires significant changes to a number of laws (codes), namely: criminal, criminal-procedural, criminal-executive, etc.

ПРОБЛЕМЫ ПРОЦЕССУАЛЬНО-ПРАВОВЫХ ОСНОВ УГОЛОВНОГО ПРЕСЛЕДОВАНИЯ

The article deals with the procedural issues regarding the initiation of criminal cases of a private prosecution on the example of domestic violence against women (victims). The problems of evidence in the criminal process concerning domestic violence have been identified, which is worth initiating a criminal case in such cases and it is advisable to note in Article 24 of the CPC RT. The reasons and grounds for initiating a criminal case, the criteria of social justice for initiating a criminal case and the conditions for eliminating the causes against violence are identified. The urgency of the criminal law issues of private prosecution is shown on the example of domestic violence. In this context, factors that impede women’s access to justice in the light of the legal and procedural norms of the criminal legislation of the Republic of Tajikistan are also considered. Moreover, the article examines dependence on the nature and severity of the crime of a private prosecution that should have a preliminary investigation of cases. This article proves the obligation of prosecutors’ participation in private prosecutions and confirms the facts of termination of a criminal case without grounds on the part of authorized persons. Compliance with the norms of criminal and criminal procedural law was also noted during the consideration of a private prosecution in connection with reliable protection of the rights of the victim and compliance with the constitutional and legal framework for protecting the rights of the victim in criminal proceedings.

The right of the victim to procedural communication in criminal proceedings: anthropological and axiological searches

The paper examines the modern "image of the victim" in criminal procedural law; indicates the communicative vision of values ​​within a specific legal reality and the relationship of the victim in criminal proceedings (as a carrier of values) with this legal reality, as well as communicative equality as a key component of the value of "victim image" to be provided by the legislator. Considerable attention is paid to the theoretical foundations of the development of the problems of criminal-procedural communication of the victim. It is noted, that procedural communication is a category that within each individual legal situation - criminal proceedings - certifies and integrates the concept of legal values ​​in the sectoral (criminal procedure) norm. It is emphasized, that the axiologization of communication processes in criminal proceedings, in particular, criminal procedural communication of the victim, is designed to create a communicative vision of values ​​within a specific legal reality and the relationship of the victim in criminal proceedings (as a carrier of values) with this legal reality, or in other words, to create the “image of the victim" in criminal procedural law, and values ​​- an integral part of such an image. It points to communicative equality as a constitutive value of the modern "image of the victim" in criminal procedural law, which must be ensured by the legislator

Criminalistic protection of the rights of minor victims and witnesses. Problem statement

The paper points out the role of criminalistics in providing criminal proceedings with cognitive tools that allow solving one of the key tasks of justice – protecting the rights and legitimate interests of persons and organizations who have been victims of crimes, and above all, minors who have become victims of crimes and the possibility of conducting investigations taking into account the mental and physical characteristics of participants in criminal proceedings. The purpose of the paper is to identify and substantiate the topicality of the problem of criminalistic support for the participation of a minor victim in criminal proceedings. The following methods are used: empirical comparison and description methods, theoretical methods of formal and dialectical logic. Results: a number of problems are identified regarding the participation of minor victims in criminal proceedings. In that connection, a theoretical justification is provided for the need for further research of the problem and for the establishment of a special criminalistic doctrine on that basis.

ПРЕДСТАВНИЦТВО ПОТЕРПІЛОГО У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ: ПОНЯТТЯ, ЗМІСТ, ПРОБЛЕМИ... ТА ШЛЯХИ ЇХ ВИРІШЕННЯ

Due to the significant burden on the bodies of pre-trial investigation and the prosecutor’s office, criminal proceedings serious or especially serious offences with victims are not always investigated effectively. As a result, the rights and legitimate interests of the victims not being protected. However, it is a generally accepted convention that the priority for investigators and prosecutors is the proving a criminal suspect’s or accused’s guilt. Restoration of violated rights of victims is a secondary task assigned to the persons who have suffered physical, material and moral damage by committing a criminal offence. Therefore, the issues of providing professional legal assistance to victims in criminal proceedings are important today. The purpose of the article is to define the concept and reveal the content of representation by the victim’s lawyer in criminal proceedings, to outline the circle of problems that arise in this case and to make proposals for solution. The study reported that based on the analysis of legislation and the practice of its application a theoretical definition of representation of the victim in criminal proceedings are formulated. The purpose and tasks of this activity are determined, and its characteristics are outlined. The problems of legal regulation that reduce the effectiveness representation of the victim in criminal proceedings are identified. The proposals to improve the legislation are made. Representation of the victim in criminal proceedings is defined as a type of lawyer’s activity, which consists in providing the victim of a criminal offense with professional legal assistance to ensure his rights and legitimate interests at the stages of pre-trial investigation and court proceedings, as well as during procedural actions that can be carried out before the start of pre-trial proceedings investigation. The insufficiently high efficiency of the institution of representation of the victim in criminal proceedings is caused by the shortcomings of legal regulation, which must be corrected, among other things, by: normalizing the mandatory immediate involvement of a lawyer for the representation of the victim (including with public funds) in proceedings regarding especially serious offences and crimes of any severity, if the consequences are the death of a person or damage to health, which has signs of serious bodily injury, or bodily injury of medium severity; establishment of the duty of the investigator to immediately explain to the victim his rights and obligations; granting the victim and his representative equal rights with the parties to the criminal proceedings regarding the possibility of involving an expert to conduct an examination and the initiative of temporary access to things and documents.

The Victim – a Great Actor in a Minor Role? – A Comparative Perspective

Recently, the role of the victim in criminal proceedings became more significant. An observation was made that the legal interests of the victim are much more severely affected by the crime than the collective legal interests in the form of public or social order. However, the differences in the rights the victim is vested with differ substantively between particular countries. The authors present the position of the victim in American, English and French law. The solutions provided for in these systems are confronted with legal regulations adopted in Poland, i.e. the home country of the authors. It shows, surprisingly, that the role of the victim in criminal proceedings has evolved somehow independently of the implementation of the concept of restitution. On the one hand, there are legal systems in which the criminal court may order the offender to pay compensation for the damage caused, but the role of the victim still remains marginal. On the other hand, there are systems in which the victim is not only entitled to receive restitution, but he or she also has significant powers which enable him or her to play an active role in the criminal proceedings.

Torture and inhuman treatment in the context of the relevant practice of the European Court of Human Rights

The article examines the problems of torture and ill-treatment in the relevant practice of the European Court of Human Rights. The Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) has become an important place in the practice of application of criminal law of Ukraine. After analyzing some practice ECtHR about violation of Article 3 of the Convention, the forms of torture and inhuman treatment were singled out. These include: improper investigation, improper treatment of convicts, improper medical care of convicts, threats of torture, ignoring allegations of threats of torture or ill-treatment, etc.It was found that despite numerous judgments of the European Court of Human Rights against Ukraine, both certain provisions of law and practice of their application continue to contradict the provisions of the Convention, in particular Article 3.It is established that currently the problem of treatment of people by law enforcement agencies and other state representatives is urgent and systemic.The paper proposes that some European experience should be borrowed in providing a real mechanism for the protection of human rights and freedoms. Reforms are needed to ensure the effective participation of victims in criminal proceedings and the use of incentives, as well as the practice of compensating victims. It seems that given the accompanying circumstances, failure to provide the victim with a real opportunity to participate in criminal proceedings, as well as the lack of informing the victims about the progress of the investigation can be considered as inhuman treatment within the meaning of Art. 3 of the Convention.

Features of communication of the victim in criminal proceedings in the form of private prosecution

The article is devoted to the study of certain aspects of communication of the victim in criminal proceedings in the form of private prosecution. It is noted, that the procedure of criminal proceedings in the form of private prosecution is almost not regulated by Chapter 36 of the CPC, as the norms that should regulate it are either absent or contained throughout the CPC. Therefore, the development of proper legal regulation of private prosecution as a separate proceeding is a topical industry issue.This, in turn, requires a significant revision of the basic foundations of normative regulation of the victim in criminal proceedings in general, including the rights of the victim, his/her procedural status at all stages of criminal proceedings, the starting mechanism to ensure the legal rights and interests of the victim during criminal proceedings.It is stated, that in order to protect the rights and legitimate interests of the victim in criminal proceedings, the law should provide for the possibility of initiating criminal proceedings (pre-trial investigation) in the form of private prosecution in case, when the victim is unable to bring an application in action by own will. In this regard, it is proposed to amend Part 1 of Art. 477 of the CPC, paragr. 2 part 7 art. 55 of the CPC

Improving Prosecutions of Human Trafficking for Labour Exploitation: Lessons Learned from Two European Jurisdictions (England and Wales and Belgium)

The increasing number of identified victims of human trafficking for labour exploitation and the low number of associated prosecutions calls into question the effective implementation of anti-trafficking measures in European countries.<br/> This paper will focus on two European jurisdictions (England and Wales and Belgium) and consider the low prosecution rates for human trafficking for labour exploitation. In brief, the number of referrals of potential victims of human trafficking for labour exploitation to the National Referral Mechanism has, in England and Wales, increased exponentially from 393 to 2,840 between 2012 and 2017, whereas in Belgium it has remained stable. Overall, prosecutions remain low, as the complexity of the human trafficking phenomenon creates challenges for the investigatory and judicial process, namely, the operationalisation of the principle of irrelevance of consent, where the victim demonstrates apparent consent to exploitative working conditions, the participation of victims in criminal proceedings, and the complexity of the factual circumstances.<br/> In addition to relevant literature, this paper will draw on the findings of a comparative analysis of criminal cases from 2010 to 2017 in the two domestic jurisdictions. This paper will identify the main obstacles for the identification, investigation and prosecution of these cases, and provide some insight into what is needed to secure more effective access to justice for victims of human trafficking.

ROLE OF THE VICTIM IN CRIMINAL PROCEEDINGS IN THE WORKS OF REPRESENTATIVES OF THE SAMARA SCHOOL OF PROCESSUALISTS

The article uses historical, comparative and legal methods to assess the change in the role of the victim in the criminal process. The article is devoted to a detailed analysis of the goals of the victim and his representative (lawyer) in criminal proceedings, an attempt is made to determine which of them are the main and which are secondary. The author concludes that it is incorrect to reduce the role of the victim's participation in the criminal process only to compensation for the harm caused to him. When carrying out their activities, the victim, together with their representative (lawyer), simultaneously protects both personal and public interests. To achieve this goal, due to the implementation of the principle of competition, the victim is assigned to the prosecution. Confirmation of this conclusion is the granting of rights to the victim to participate in the execution stage of the sentence. In this regard, the experience of the UK, where the victim has a fairly broad rights at the stage of consideration of the issue of parole of a prisoner, is analyzed. Particular attention is paid to the Prisoners (Disclosure of Information About Victims) Bill, which was submitted to the British Parliament in early 2020. However, the article emphasizes that the victim is free to choose his position on the case (implementation of dispositive principles). This circumstance, in the author's opinion, determines the specifi cs of the lawyer's activity to protect the rights of the victim in criminal proceedings and significantly aff ects the essence of his tactics.

The victim’s rights in the use of coercive measures during pre-trial investigation in the Republic of Kazakhstan

Kazakhstan has adopted a policy of procedural economy, which is expressed in the acceleration of the pas-sage of criminal cases at all stages of the criminal process. The introduction of many new procedural institu-tions and forms of pre-trial investigation, the updating of criminal procedure legislation actualizes the issue of investigating the procedural status of the victim. The modern domestic criminal process should provide a balance between numerous novelties and procedural rules designed to ensure compliance with the principle of competition and equality of the parties to the prosecution and defense. In accordance with this principle, "the parties involved in criminal proceedings are equal, that is, they are given equal opportunities to defend their position in accordance with the Constitution of the Republic of Kazakhstan and the CPC. The authors have studied international documents regarding the regulation of the rights of victims in criminal proceedings. The victim is one of the Central figures in the criminal process, especially if it is a crime against the person, and must have broad rights to protect their interests. In this regard, the issue of choosing a preventive measure against a suspect (accused), taking into account the opinion of the victim, is of particular importance. The authors studied the opinions of scientists and practitioners on the issue under consideration, as well as the provisions of criminal procedure legislation regulating the rights and obliga-tions of the victim, the ratio of General and special norms. As a result, the authors concluded that it is necessary to grant the victim the right to Express his opinion on the use or non-use of coercive measures against the suspect. In the course of studying this issue, the authors applied methods of comparative analysis, deduction, forecasting, and others. On the basis of the research, appropriate recommendations were developed to improve the legal regulation of the rights of the victim in criminal proceedings of the Republic of Kazakhstan.

Protection of Victims in Criminal Proceedings with Emphasis on Child Victims of Sexually Motivated Crimes

Protection of Victims in Criminal Proceedings with Emphasis on Child Victims of Sexually Motivated Crimes