The Implementation of the Victims Rights and Rightful Interest in the End of the Pre-trial Investigation
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Abstract
The problems analysed in the article are connected to the victims rights in the end of pre-trial investigation.
The analyses of international legal acts on the position of the victim in criminal proceedings points to certain problems of the position and gives general guidelines (minimum standarts), which have to be reflected in national laws and practice.
Recommendations of the Committee of Ministers define victims right to access information in the criminal procedure: the victim should be able to obtain information on the outcome of the police investigation; the victim should be informed of the final decision concerning prosecution, unless he indicates that he does not want this information; the victim should be informed of his opportunities of obtaining restitution and compensation within the criminal justice process, legal assistance and advice; how he can find out the outcome of the case.
The author presumes, that it is the lack of information on pretrial investigation: the course of pretrial investigation and its results.
The victim must have an access to information directly related to the protection of his rights and rightful interest. The right to access information is mostly related to personal will to implement other rights provided by the law.
Victim (and defendant) must be informed of the decision to dispose the case in an alternative way and agree (or object) with the chosen modality. A discretionary decision whether to prosecute the offender should not be taken without due consideration of the question of compensation of the victim, including any serious effort made to that end by the offender.
Victims must be informed of the right to appeal against prosecutorial decision to the superior prosecutor or the court. The victim must be informed about the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceedings, or other legal possibilities to implement victims rights and rightful interest.
The analyses of international legal acts on the position of the victim in criminal proceedings points to certain problems of the position and gives general guidelines (minimum standarts), which have to be reflected in national laws and practice.
Recommendations of the Committee of Ministers define victims right to access information in the criminal procedure: the victim should be able to obtain information on the outcome of the police investigation; the victim should be informed of the final decision concerning prosecution, unless he indicates that he does not want this information; the victim should be informed of his opportunities of obtaining restitution and compensation within the criminal justice process, legal assistance and advice; how he can find out the outcome of the case.
The author presumes, that it is the lack of information on pretrial investigation: the course of pretrial investigation and its results.
The victim must have an access to information directly related to the protection of his rights and rightful interest. The right to access information is mostly related to personal will to implement other rights provided by the law.
Victim (and defendant) must be informed of the decision to dispose the case in an alternative way and agree (or object) with the chosen modality. A discretionary decision whether to prosecute the offender should not be taken without due consideration of the question of compensation of the victim, including any serious effort made to that end by the offender.
Victims must be informed of the right to appeal against prosecutorial decision to the superior prosecutor or the court. The victim must be informed about the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceedings, or other legal possibilities to implement victims rights and rightful interest.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
