Victims In Criminal Proceedings Research Articles

Legal Protection for Women in Criminal Proceedings: A Socio-Legal Review

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>Women often become victims of crimes, especially sexual crimes and domestic violence, in legal proceedings, but the legal protection stipulated in laws and regulations is still considered inadequate and many women still experience discrimination and injustice. The purpose of this study is to analyze the legal protection of women victims in criminal justice proceedings in Indonesia from a socio-legal perspective in order to identify the socio-cultural-structural barriers that cause the weakness of such protection. This study uses an empirical legal research method with a sociological legal approach to analyze the application of regulations on protecting women victims in criminal proceedings, with primary data obtained from field studies and interviews which are then analyzed qualitatively. The results show that nomatively, regulations on protecting women victims are adequate, but in practice they are heavily influenced by patriarchal socio-cultural factors and negative stigma against women victims which affect the attitude of law enforcement officials, resulting in many victims experiencing discrimination and injustice. The socio-cultural-structural barriers include negative stigma and discriminatory treatment of victims, patriarchal culture that subordinates women, lack of psychosocial and legal support for victims, and limited access to justice for marginalized women victims. At the structural level there are also problems of low gender capacity of law enforcement officials, lack of NGO advocacy, and legal and judicial systems that are not yet victim-friendly.</em><strong></strong></p></td></tr></tbody></table>

The use of video and audio recordings provided by victims of domestic violence as evidence

The relevance of the study lies in the urgent need to develop scientifically grounded and practically applicable criteria for the admissibility of using secret audio and video recordings made by victims in criminal proceedings regarding domestic violence. The purpose of the study is to establish whether the information contained in secret audio and video recordings made by victims can be used as evidence in criminal proceedings regarding domestic violence. The main research methods are systemic, analysis and synthesis, historical, heuristic, formal-legal methods. The issues of providing recordings by victims, witnesses, and other persons for criminal investigation purposes; general criteria for restricting the right to privacy in criminal proceedings regarding domestic violence; problems of evidence presentation by victims and applicants; issues of documenting domestic violence facts; the issue of admissibility of documentation are investigated. It is proved that aspects of the legality test for limiting the offenderʼs right to privacy in cases of conducting criminal proceedings regarding domestic violence may involve inquiries concerning the importance of evidence gathered through covert recordings and the exclusivity of the necessity of such measures. It is argued that when considering the criterion of a secret operation, which is identified as a condition for recognising audio and video recordings as inadmissible evidence, it should be acknowledged that in criminal proceedings related to domestic violence, video and audio recordings provided by victims cannot meet this condition in the vast majority of cases. The practical value of the study lies in the possibility of unifying judicial practice in determining the admissibility of evidence contained in audio and video recordings made secretly by victims in criminal proceedings regarding domestic violence

System of Restorative Justice and Juvenile Justice in India: a Brief Comparative Study with Latin American System

Justice everywhere is threatened by injustice anywhere. After the Nirbhaya case verdict in Delhi, the State was accused of being lenient with one of the juvenile offenders; this may have been the cause of the public outcry. Consequently, the Juvenile Justice (Care and Protection) Act, (JJ Act) was passed by India in 2015. Children who commit horrible crimes cannot be dealt with lightly. However, as has been the case in the West, placing them in adult prisons would turn them into hardened criminals and repeat offenders. “Old enough to do the crime, young enough to do the time,” says the adage. Those who commit crimes must serve their sentences. The child activists contend that the Act is founded on the concepts of retribution and vengeance and has overturned all previous good laws. Children need food, not impediments to their growth. They require our society’s compassion rather than the harshness of the law. Restorative justice is a welcome idea. What is required is a shift in perspective, a readiness to prioritize victims in criminal proceedings, and an understanding that mending relationships and undoing harm are crucial components of the criminal justice system. Therefore, rather than simply passing judgment, it is our responsibility to uplift the weak, mend the broken, and comfort the grieving. The article focuses on youth crime kinds and causes, factors that lead to crime and restorative justice. This article also focuses on comparative analysis of Indian restorative justice system with Latin American restorative justice system in juvenile cases.

Rights of victims in criminal proceedings: challenges and state strategy for improving legal status

The article is devoted to issues of procedural regulation of the rights of victims in criminal proceedings. Based on the generalization of UN data on the increase in the number of victims of murder, statistical data of the State Judicial Administration of Ukraine and the Office of the Prosecutor General, the relevance of legislative initiatives to improve the provision and realization of victims’ rights is substantiated. The directions of state policy regarding ensuring the safety of victims, preventing and countering torture are revealed. It emphasized the “lack of remedies for victims of criminal offenses involving torture, cruel, inhuman or degrading treatment or punishment.” Recommendations are given to eliminate these gaps by creating, taking into account international standards and the practice of the European Court, an effective system of rehabilitation, legal protection of victims of criminal offenses related to torture, cruel, inhuman or degrading treatment or punishment, including introduction of an effective mechanism for compensation for damage caused to such persons.
 In the conditions of martial law, Ukraine concentrates its efforts on protecting the rights of victims, which requires coordination with the Rules and Procedures of Evidence and Evidence of the International Criminal Court. The full-scale invasion of the aggressor country created new challenges in the field of protection of the rights of victims in criminal proceedings. In order to implement new tasks, a Strategic Plan for the implementation of the powers of the prosecutor’s office in the field of criminal prosecution of international crimes for 2023-2025 was developed, approved by the Prosecutor General on September 15, 2023.
 Improving the system of ensuring the rights of participants in criminal proceedings in accordance with international standards will significantly reduce the number of victims of torture, observing reasonable deadlines for the investigation of criminal proceedings will contribute to increasing the trust of victims in law enforcement agencies, preventing delays in the consideration of criminal proceedings by the court will ensure adequate terms of satisfaction (execution of the court decision in part compensation for physical, moral and material damage). A significant number of victims of war crimes should be aware of their rights in accordance with the procedure of trial by the International Criminal Court, for which it is advisable to make appropriate additions to Chapter 19 of the Criminal Procedure Code of Ukraine.

Peculiarities of recognition of a legal entity under public law as a victim in criminal proceedings

The article, taking into account the inconsistency of doctrinal approaches regarding the legal entity — the victim, analyzes the issues regarding the correct definition of legal entities under public law as victims in criminal proceedings. At the same time, it is noted that the specifics of legal entities under public law significantly affect the specifics of identifying them as victims. The features of their interaction within the system of public authorities, the specifics of the distribution of powers, the allocation of subventions from the regional budget and other specific aspects of the flow of legal relations are indicated. The article takes into account the practice of providing expert opinions in the field of law within both pretrial investigation and court proceedings, and which allows us to assert that the above issues are not always resolved correctly. It is pointed out that if the victim is a legal entity, then according to the Code of Criminal Procedure of Ukraine, property damage must be directly caused to such a person by a criminal offense and this must be proven and substantiated within the framework of the pre-trial investigation. However, this approach to legal entities that can acquire the procedural status of a victim is relatively new and is enshrined in the Criminal Code of Ukraine of 2012. In this regard, damage can be considered as negative and unfavorable consequences that occur when property or personal non-property rights and benefits are restricted or violated, which belong directly to a specific victim. On the basis of the above, it can be stated that the damage is one of the grounds for the emergence of legal liability and at the same time it must be caused to a specific, clearly defined legal entity under public law. In view of this, in the case of causing corresponding damage to state interests in the person of individual legal entities, such legal entities under public law must be precisely defined.

State compensation to the victim in criminal proceedings is an integral component of the just resolution of criminal legal matters

"In recent years, there has been attention, both at the international and national levels, on the protection of the rights of victims of criminal offences. The first article of the Criminal Procedure Law outlines the objective of criminal proceedings, namely, to establish a procedural order that ensures the effective application of Criminal Law norms and the fair regulation of criminal legal relations without unjustified interference in a person’s life. One of the key elements of this fair regulation of legal relations is recognising the victim’s right to compensation for the harm suffered. A person who has been a victim of a criminal offence has the right to state compensation, as well as the right to seek compensation within the framework of criminal proceedings, which will be collected from the guilty party. It should be noted that legislative acts provide the opportunity for the victim to both receive state compensation and demand it from the guilty party. Keywords: State compensation, Victim, Criminal proceedings."

Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes, and other International Crimes: the focus of the provisions and challenges

The article is devoted to the analysis of the provisions of the 2023 Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes, and other International Crimes. The analysis of the provisions of the Convention is important for assessing the capacity of existing mechanisms to respond to international crimes committed in Ukraine. Therefore, the purpose of the article was to assess the provisions of the Convention, its correlation with the legislation of Ukraine, in the aspect of prosecution those guilty of international crimes against Ukraine and the Ukrainian people.
 The article examines in detail: the scope and purpose of the Convention; obligations of criminalization; obligation to establish jurisdiction; principle «aut dedere aut judicare»; areas of mutual legal assistance; provisions regarding victims.
 It is indicated that the Convention is an important step in the development of prosecution mechanisms for war crimes. Its unique feature is the presence of norms of international criminal law, despite the name, which concerns only international cooperation, which is not at all characteristic of other conventions on mutual legal assistance. Unfortunately, however, some war crimes and crime of aggression will require additional notification of the application of the Convention, which again reduces its potential positive impact on prosecutions for international crimes.
 The analysis of the provisions of the Convention allows us to reasonably assume that in the event of its ratification: there will be a need to improve the norms of the Criminal Code of Ukraine regarding the effect of the criminal law on persons and universal jurisdiction; will require updating the norms of the Criminal Procedure Code of Ukraine regarding the provision of international legal assistance; additions to the provisions of the Criminal Procedure Code of Ukraine regarding extradition in aspects of the «aut dedere aut judicare» principle will be required; will require verification on the issue of compliance of the Criminal Procedure Code of Ukraine with the Convention regarding the participation of victims in criminal proceedings. In addition, the issue of regulation of restitution, compensation and rehabilitation and other forms of compensation for victims of international crimes will need to be resolved.

About the legal element of a victim of illegal abortion or sterilization

The article is devoted to some topical issues of establishing the characteristics of a victim of a crime, provided for in Art. 134 of the Criminal Code.
 A generalized review of the concept of the victim in criminal law science has been made. Attention is drawn to the fact that the doctrine of the victim has an interdisciplinary nature - the criminal-legal, criminological and criminal-procedural concepts of the victim are distinguished: 1) criminal-legal - the victim of a criminal offense; 2) criminological - a victim of the crime; 3) criminal procedure - a victim in criminal proceedings.
 It has been established that the domestic legislator directly refers to the victim of abortion (sterilization): the relevant parts of Art. 134 of the Criminal Code on forcing abortion or sterilization without the voluntary consent of the “victim”. The author’s opinion is expressed that, in the context of responsibility for illegal abortion, the legislator could specifically indicate a woman, and in the second case – alternatively, a woman or a man.
 In the context of a legal comparison of the provisions of Art. 134 of the Criminal Code and Art.Art. 38 and 39 of the Istanbul Convention, taking into account the systematic approach to the interpretation of legal acts, attention was drawn to the following: a) in the prescriptions of the convention, when it comes to forcing a woman to undergo certain actions (genital mutilation), there is no normative reference to her informed consent; and in the case of an abortion or surgical sterilization of a woman, in the absence of a sign of coercion, a sign of prior and informed consent or understanding of the procedure on the part of the woman is used; b) the domestic legislator provided in part 2 and part 4 of Art. 134 of the Criminal Code, respectively, forcing an abortion / sterilization without the victim’s voluntary consent. The domestic approach has been subjected to reasoned criticism, since in the theory of criminal law, the sign of coercion traditionally excludes the consent of the victim - these concepts are mutually exclusive.
 It is shown how the victim of the investigated crime is mentioned in judicial practice; at the same time, a small number of verdicts passed under Art. 134 of the Criminal Code.

Problems of the lawyer's use of information technologies in activities to protect the rights of the victim in criminal proceedings.

The problems of using information technologies are relevant due to their constant development and implementation in various spheres of human life. Advocacy is no exception. This article is devoted to the peculiarities of their application in the implementation of activities to protect the rights of the victim in criminal proceedings. The author has studied the types and methods of their use at various stages of legal assistance: entering into a case, collecting evidence, participating in a court hearing on a criminal case. The author pays special attention to the peculiarities of assigning a lawyer to a minor victim using an automated system developed with the participation of the Federal Chamber of Lawyers of the Russian Federation.     In the work, the author analyzed the current regulatory legal acts, including the latest amendments to the Criminal Procedure Code of the Russian Federation regulating the use of electronic document management in criminal proceedings. The peculiarities of the use of information technologies in the process of providing legal assistance have repeatedly become the subject of research, however, the problems arising in the protection of the rights of the victim in criminal proceedings have not received due attention from scientists. According to the results of the study, the author concluded that there is insufficient regulation of some aspects of digital technologies in advocacy, for example, sending electronic lawyer requests, participating in court proceedings via videoconference, assigning a lawyer to a minor victim. Ways to eliminate existing gaps were proposed.

Juvenile victim in criminal proceedings: ensuring the right to representation and communication

The juvenile victim is one of the least protected participants in criminal proceedings, in connection with which the doctrine proposes to provide by law for cases of mandatory participation in the process of the victim's representative to protect the rights and legitimate interests of the juvenile victim. Also expand the list of cases where the court may decide to consider criminal proceedings in closed session, including criminal proceedings in which the victim is a minor and expand the content of specialization of judges in criminal proceedings against minors, including criminal proceedings in which juvenile victims are involved.
 We also believe that lawyers who represent the interests of children should be educated and aware of children's rights and related issues, receive ongoing and in-depth training, and be able to communicate with children at their level of understanding.
 In our opinion, criminal proceedings in which a minor is a victim should be carried out by a judge authorized in accordance with the Law of Ukraine “On the Judiciary and the Status of Judges” to conduct criminal proceedings against minors.
 We believe that there may be cases (for example, violent criminal offenses) when re-examination in court may be excessively traumatic for the juvenile victim. In such a case, such a victim should not be knowingly subjected to secondary victimization by an appropriate judicial action. It is possible to interrogate a minor victim with the participation of the court during the pre-trial investigation in order to properly procedurally record his testimony, which can be used during the trial, according to the rules provided for in Art. 225 of the CCP.

Garantía de los derechos de las víctimas en virtud del Código de Procedimiento Penal de Ucrania: problemas actuales y perspectivas

Legal regulation and practical issues of ensuring of rights of victims under the Criminal Procedure Code of Ukraine are considered in the article. The criminal procedure legislation of Ukraine lacks legal regulation of the mandatory participation of a lawyer representing the victim in criminal proceedings. This situation puts the participants of proceedings in an unequal position. Victims during the trial and in court are unable to properly defend their legitimate interests due to lack of legal awareness. The authors also state that the participation of the victim’s representative in the conclusion of the conciliation agreement should be mandatory. The cases in which victims can receive free legal aid have been analyzed. It is proposed to define the cases of mandatory participation of the representative of victims in the current legislation of Ukraine.

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.

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.