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The rights and duties of the victims in criminal trial

"The rights and duties of the victims in criminal trial".

 

According to item 1 p.1 Art. 6 of the Criminal Procedure Code of the Russian Federation criminal legal proceedings have the appointment protection of the rights and legitimate interests of the persons and the organizations which were injured from crimes.

The victim is the natural person to whom the crime did physical, property or moral harm, or the legal entity in case of causing by a crime of harm to its property and business reputation. The victim has own interests for which protection it as the participant of criminal legal proceedings from charge is allocated with the rights of the party in criminal trial.

According to p.1 Art. 42 of the Criminal Procedure Code of the Russian Federation the person to whom the crime did harm, gets the rights provided by the criminal procedure law and duties from the moment of removal by the investigator, investigator, head of investigative body or court of the resolution on recognition by his victim.

The person can be recognized as the victim, both according to his statement, and at the initiative of body in which production there is a criminal case. Refusal in recognition of the person by the victim, and also the inaction of the investigator, investigator, head of investigative body expressed in non-recognition of the person by the victim can be appealed by this person in pre-judicial criminal case production in the order provided by articles 124 and 125 Criminal Procedure Code of the Russian Federation, to the head of investigative body, the prosecutor or in district court.

On criminal cases about crimes which consequence was the death of the person, the victim of a crime, the right of the victim is passed to close relatives of the dead. The spouse, the spouse, parents, children, adoptive parents adopted brothers and sisters, the grandfather, the grandmother, grandsons treat close relatives.

If the crime infringes the rights and legitimate interests at once of several persons who are close relatives of the dead, and they insist on providing the rights of the victim to them, these persons can be recognized as the victims.

When the victim is the minor or the person on the physical or mental state deprived of opportunity independently to protect the rights and legitimate interests, their lawful representatives or representatives are involved in obligatory participation in criminal case.

Proceeding from the principle of equal rights of the parties the victim has the rights for the statement of branches and petitions, submission of proofs, participation in their research, performance, equal with the party of protection, in judicial debate.

 

 

The victim who imposed requirement about compensation of property harm, and also about compensation of the moral harm done by a crime has to be recognized as the civil claimant.

In case of presentation of the civil suit at a stage of preliminary investigation, the investigator is obliged to take measures for ensuring execution of a sentence regarding the civil suit, including, to search of the property accused to take measures to seizure of property.

In criminal case the civil suit can be made about indemnification, directly caused by a crime (for example, the cost of the stolen property), moral harm, expenses on the organization of a funeral of the dead from a crime, harm to health.

If bodies of preliminary investigation to the victim did not explain his right for presentation of the civil suit, the court has to eliminate the allowed violation, having explained to the victim of his right during preliminary hearing, or in preparatory part of court session, and in the presence to that the bases - to take measures to providing the civil suit.

The extent of the property harm which is subject to compensation to the victim is defined, proceeding from the prices which developed at the time of pronouncement of the decision on the made claim.

At the solution of a question of the amount of compensation of the moral harm done to the victim, the court considers nature of the physical and moral sufferings caused to the victim, degree of fault of the causer of harm, and also is guided by requirements of a rationality and justice.

According to each civil suit made in criminal case the court is obliged to make the decision at the resolution of a sentence or other final judgment.

The court has the right to satisfy the civil suit only at removal of a conviction.

If necessary to make the additional calculations connected with the civil suit demanding adjournment of judicial proceedings, the court can recognize the right for satisfaction of the civil suit for the civil claimant and refer a matter of the amount of compensation of the civil suit for consideration as civil legal proceedings.

According to provisions of article 25 Criminal Procedure Code of the Russian Federation and article 76 of the criminal code of Russian Federation for public and private and public charge about crimes of small and average weight indispensable conditions for the termination of criminal case are commission accused crimes for the first time, the statement of the victim for reconciliation with accused, and also that the done harm was smoothed down.

According to h. The 3rd Art. 42 of the Criminal Procedure Code of the Russian Federation is provided to the victim reimbursement, suffered in connection with its participation in the course of preliminary investigation and in court, including expenses on the representative.

 

Senior assistant

prosecutor of the city L. I. Shemyakin