What to expect from the court proceedings?

1.10. victims (including minor victims) in pre-trial proceedings (e.g., obtaining victim status, victim rights and obligations, representation, participation in procedural activities);

Who can be a victim in criminal proceedings?

A victim is a person who has suffered harm as a result of a criminal offense. The law clearly defines which persons can obtain victim status in criminal proceedings.

A victim can be:

• A natural person – if they have suffered:
  • moral harm (e.g., emotional suffering, damage to honor and dignity),
  • physical suffering (bodily injury),
  • material loss (damaged or stolen property, financial loss).
• A legal person – if they have suffered material loss as a result of a criminal offense.

Who cannot be a victim?

A person who has suffered moral damage as a representative of a social group or part thereof cannot be recognized as a victim. For example, if the offense is directed against the interests of society as a whole, rather than against a specific individual.

Victim if the person has died

If, as a result of a criminal offense, a person has died, the status of victim in the proceedings may be acquired by:

• one of the deceased’s relatives (e.g., a child, spouse, parent, etc.).

In such a case, the relative represents the deceased and exercises the rights of the victim in the criminal proceedings.

Adult victims in criminal proceedings

1. Acquiring victim status

A person is recognized as a victim if the criminal offense has caused them:

• moral harm,
• physical suffering,
• material loss.

Victim status is granted by the prosecutor, who adopts a decision on recognition as a victim (Articles 95-96 of the Criminal Procedure Law). From that moment on, the person acquires all the procedural rights of a victim.

1. Rights of the victim (reference: Article 97 of the Criminal Procedure Law)

An adult victim has the right to:

• give testimony and explanations;
• submit requests, complaints, and applications;
• receive information about the progress of the proceedings;
• participate in investigative activities if it affects his or her interests;
• to familiarize themselves with the case materials at the stages specified by law;
• to receive compensation for the damage caused and information about state compensation;
• to use the assistance of a representative (lawyer).

The victim has the following obligations: (reference: Article 98 of the Criminal Procedure Law)

• to appear when summoned by the prosecutor;
• to provide truthful information;
• to comply with the rules of criminal procedure;
• not to disclose the secrecy of the investigation, if so determined.

Representation of the victim (reference: Articles 104-108 of the Criminal Procedure Law)

The victim may be represented by:

• a lawyer,
• an authorized person.

The representative may participate in the proceedings in place of the victim or together with him or her, exercising the rights and obligations of the victim.

1. Participation in procedural actions (reference: Articles 137, 139-144 of the Criminal Procedure Law)

The victim has the right to participate in:

• investigative actions that affect his or her interests;
• inspections, expert examinations (in certain cases);
• court hearings – as a witness or participant in the proceedings.

The victim may also request that certain actions be taken if this is necessary to establish the truth.

1. Rights of minor victims (Articles 97 and 99 of the Criminal Procedure Law)

Minor victims have all the general rights of victims, as well as special protection rights:

• the right to be questioned in a special manner adapted to children;
• the right to have a psychologist or teacher present during questioning;
• the right not to perform actions that may cause additional emotional trauma;
• the right to receive protective measures against possible influence or threats;
• the right to be informed about the progress of the proceedings (through a legal representative).

1. Obligations of a minor victim

(Article 98 of the Criminal Procedure Law — also applicable to minors, with the assistance of an intermediary)

The obligations of a minor are fulfilled through a legal representative. They include:

• the obligation to appear when summoned,
• to provide truthful information,
• to comply with procedural rules.

Obligations are imposed on minors themselves only in accordance with their age and abilities.

1. Representation (Articles 104-108, 99 of the Criminal Procedure Law)

Minor victims are represented by:

• a legal representative (parent, guardian), and/or
• a lawyer.

If the legal representative could harm the child’s interests, the prosecutor will provide a special guardian or other suitable representative.

1. Participation in procedural activities (Articles 137, 139–155 of the Criminal Procedure Law)

Procedural activities involving a minor victim are carried out taking into account the child’s age and psychological needs, including:

• questioning takes place in a special room, for a short period of time and at a pace appropriate for the child;
• a psychologist or educator participates in the questioning;
• the child may not be confronted with the suspect if this could traumatize them;
• the child’s participation in other activities (inspections, expert examinations, etc.) takes place only if it is necessary and as gentle as possible;
• it is possible to use video-recorded testimony so that the child does not have to testify repeatedly.