1.11. victims (including minor victims) in court (e.g., victims’ rights and obligations in court proceedings, representation, participation in criminal proceedings);
Participation of adult victims in court
When criminal proceedings reach court, victims retain all their procedural rights and obligations, as well as the right to participate in the trial, defend their interests, and receive compensation for the harm caused.
- Victims’ rights in court (Chapters 97, 400–404, and 14 of the Criminal Procedure Law)
Adult victims have the following rights in court:
To participate and be involved in the proceedings
- attend court hearings;
- express their opinion on the evidence and circumstances of the case;
- ask questions of witnesses, experts, and the accused (with the court’s permission);
- provide the court with oral or written victim statements.
Requests and complaints
- to submit requests for the addition of evidence, expert opinions, procedural actions;
- to bring a civil action within the framework of criminal proceedings for the damage caused;
- to submit complaints about court decisions in accordance with the procedure laid down by law.
Receiving information
- be informed about the time and course of court hearings;
- receive court decisions and explanations thereof.
- Victims’ obligations in court (Article 98 of the Criminal Procedure Law)
Adult victims have the following obligations:
- attend court hearings upon invitation by the court;
- to give truthful testimony and explanations;
- to comply with the rules established by the court;
- not to disclose information that has been classified as confidential (e.g., details of the investigation or private life).
Unjustified failure to appear may result in compulsory attendance or a fine.
- Representation of victims in court (Articles 104-108 of the Criminal Procedure Law)
Victims may be represented in court by:
- a lawyer (the most common choice),
- an authorized person,
- in the case of a legal entity, its legal representative.
A representative may:
- attend court hearings in place of or together with the victim,
- submit requests, complaints and civil claims,
- express an opinion on the evidence.
The victim may choose to participate in person, but retains the right to a representative at any stage of the proceedings.
- Participation of the victim in the trial of a criminal case (Articles 400-407 of the Criminal Procedure Law)
At the court hearing, the victim has the right to:
give testimony and explanations in court
- the victim may be questioned as a person who has suffered harm;
- give explanations about the circumstances and consequences of the offense.
Participate in the evaluation of evidence
- request that new evidence be added;
- comment on the evidence of the opposing party;
- argue about the extent of the harm.
Maintaining a civil claim
The victim may:
- file a claim for material and moral damage,
- maintain it in court hearings.
Closing arguments
In accordance with the procedure, the victim or his/her representative may participate in court debates, expressing his/her position on the punishment, compensation for damage and the circumstances of the case.
Participation of a minor victim in court
The involvement of a minor victim in court proceedings is ensured in a special, child-friendly manner, taking into account their age, psychological needs and safety.
Rights of minors in court (Articles 97, 99, 400-407 of the Criminal Procedure Law)
Minor victims have rights similar to those of adults, but these are exercised through a legal representative or with special protection:
- to participate in court hearings, but in a specially adapted environment;
- to give testimony and explanations in the presence of a psychologist or educator;
- to be informed of the time, course and decisions of court hearings;
- submit requests, complaints, or civil claims represented by a legal representative;
- receive protection from possible influence by the suspect or other persons;
- request that testimony be recorded by video surveillance so that the child does not have to testify again.
- Obligations of minors in court
- to give truthful testimony and explanations (with the help of a representative);
- to comply with the rules of the court;
- not to disclose information that is confidential or protected (e.g., another child’s data, confidential materials).
The obligations are applied in accordance with the child’s age and abilities.
- Representation in court (Articles 104-108, 99 of the Criminal Procedure Law)
Minors who are victims are represented in court by:
- a legal representative (parent, guardian),
- a lawyer, if legal assistance is needed.
If the legal representative could be involved in a conflict of interest, the court will provide a special guardian or other suitable representative.
The representative may participate in the court hearing in place of the child or together with him or her, defending the rights and interests of the victim.
- Participation in the trial of a criminal case (Articles 137, 139-155, 400-407 of the Criminal Procedure Law)
The participation of a minor victim is ensured in a considerate manner:
- the interrogation takes place in a separate room, is brief and is conducted in a manner that is understandable to the child;
- a psychologist or teacher may be present during the interrogation;
- the child is not confronted with the suspect if this could cause emotional trauma;
- If necessary, video surveillance is used to record testimony.
- The victim may participate in other procedural activities (inspections, expert examinations) only if necessary and in a manner that is as gentle as possible.
- civil claims may only be filed and pursued through a representative.