Nusikaltimų aukų socialinė ir teisinė apsauga Lietuvoje: padėties vertinimas

Abstract

The article presents an evaluation of the legal and social situation of the crime victims in 2003-2004. The legal acts, regulating a legal status of the crime victims, corresponding social institutions, are analysed. Victimologic analysis of activity the non-governmental organizations (NGOs) and the programs they implement are presented.
The goal of this article: to present the ways of the problems solution, the essential directions of influence, by analysing the main problems of the crime victims in Lithuania.
The following problems are analysed:
- Identification and evaluation of the situation,
- Acknowledgement of the crime victim as the aggrieved party,
- Discretion right of the parties (or victim only) to solve a conflict between the victim and the offender by reconciliation,
- Activity of the Bailiff,
- Crime victim’s right to support and assistance from NGOs,
- The crime victim’s legal knowledge while implementing his/her rights,
- Problem of mass media.
Legal status of the victims, social security is directly dependent on legal norms in force, their effective application, implementation of the goals, and control quality of juridical relation, ect. It is stated that in 2003 when new penal laws have came into force, the problems of the crime victims were solved by more innovative legal and social means. De jure the crime victim has equal rights to participate in a process and obtain proper legal assistance and support. However de facto legal status of the crime victims has not changed practically, i.e. real assistance of sufficient quality and minimal extent does not exist.
It is often underlined a crime victim’s initiative when solving the victim-offender conflict. But victim’s initiative is not enough. Indifference of the offenders induces indifference of the officers of the juridical institutions. The situation when legal mechanisms but they are used rarely.
On the ground of analysis of the situation, data of research and information from national statistics it is emphasized that:
- Systematic position on the resolution of the problems of the crime victims is required. The following situation is formed: all works that have been performed, all available capability, initiatives must be evaluated by incorporating them to a harmonious system. Coordinating activity, united audits and control system of implementation the projects and programs is essential. Situation when several organizations work on the same problem and make mistakes is indefensible due to wasted resources and disorientation of people. In the system of support and assistance for the crime victims any experiments with injured persons are indefensible. Unfortunately, the crime victims are often considered as „means“ for projects to be confirmed and financed.
- It is essential to take actions on founding an infrastructure of support and assistance to the crime victims, i.e. to found special organizations rendering an assistance to the crime victims, relief funds, to use progressive means for investigation of the victim-offender conflict (for example, victimoffender mediation) and self-supporting and other rehabilitation programs.
- It is essential to induce legal education of the crime victims, create self-security, self-control and information systems, inform about services, assistance being rendered and their specificity and extent.
- Lithuania as a member of EU must take measures in order to ensure „minimal level of support and assistance to the crime victims“, i. e. the minimum of support, assistance, that crime victim cannot manage without. It is essential to understand importance of immediate assistance (a delay increases costs of problem resolution several times). Victim’s rehabilitation must start from the moment of an incident registration, otherwise possibilities of secondary, tertiary negative actions and their effect can be considered.