An adult victim in criminal proceedings

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 may obtain victim status in criminal proceedings.

A victim may be:

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

Who cannot be a victim?

A person cannot be recognized as a victim if the moral harm was caused to them as a representative of a social group or a part thereof. For example, if the offense is directed against the collective interests of society rather than against a specific individual.

Victim if the person has died

If a person has died as a result of a criminal offense, 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 victim’s rights in the criminal proceedings.

Adult victim 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,
• property loss.

Victim status is granted by the presiding judge upon issuing a decision recognizing the person as a victim (Articles 95–96 of the Criminal Procedure Law). From this moment, the person acquires all 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 provide explanations;
• file requests, complaints, and petitions;
• receive information about the progress of the proceedings;
• participate in investigative activities if they concern their interests;
• review the case materials at the stages specified by law;
• receive compensation for the harm caused and information regarding state compensation;
• seek the assistance of a representative (attorney).

The victim is obligated to: (reference: Article 98 of the Criminal Procedure Law)

• appear when summoned by the presiding judge;
• provide truthful information;
• comply with the rules of criminal procedure;
• not disclose investigative secrets, if such are established.

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 the victim, exercising the victim’s rights and fulfilling their obligations.

1. Participation in procedural actions (reference: CPL Articles 137, 139–144)

The victim has the right to participate in:

• investigative actions affecting their interests;
• inspections, expert examinations (in certain cases);
• court hearings—as a witness or a party to the proceedings.

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

Participation of an Adult Victim in Court

When criminal proceedings reach the court, the victim retains all procedural rights and obligations, and also gains the right to participate in the trial, defend their interests, and receive compensation for the harm caused.

1. Victim’s Rights in Court (Criminal Procedure Law, Chapters 97, 400–404, and 14)

An adult victim has the following rights in court:

Participation and involvement in the proceedings

• attend court hearings;
• express their opinion on the evidence and the circumstances of the case;
• ask questions of witnesses, experts, and the defendant (with the court’s permission);
• provide the court with an oral or written victim’s statement.

Requests and complaints

• to submit requests regarding the admission of evidence, expert examinations, and procedural actions;
• to file a civil claim within the criminal proceedings for damages suffered;
• to file complaints regarding court decisions in accordance with the procedure established by law.

Receiving Information

• to be informed of the time and proceedings of court hearings;
• to receive court rulings and their explanations.

1. Duties of the Victim in Court (Article 98 of the Criminal Procedure Law)

An adult victim is obligated to:

• appear at court hearings upon the court’s summons;
• give truthful testimony and explanations;
• comply with the procedures established by the court;
• not disclose information deemed confidential (e.g., details of the investigation or private life).

Unjustified failure to appear may result in compulsory attendance or a fine.

1. Representation of the Victim in Court (Articles 104–108 of the Criminal Procedure Law)

The victim 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.

The representative may:

• attend court hearings in place of the victim or together with them,
• submit motions, complaints, and civil claims,
• express an opinion on the evidence.

The victim may choose to participate personally, but the right to a representative remains at any stage of the proceedings.

1. Victim’s Participation in the Trial of a Criminal Case (Articles 400–407 of the Criminal Procedure Law)

At a 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;
• provide an explanation regarding the circumstances and consequences of the offense.

Participate in the evaluation of evidence

• request the admission of new evidence;
• comment on the opposing party’s evidence;
• argue regarding the extent of the harm.

Bringing a civil claim

The victim may:

• file a claim for material and moral damages,
• present it in court hearings.

Closing arguments

In accordance with the procedure, the victim or their representative may participate in court proceedings, expressing their position on sentencing, compensation for damages, and the circumstances of the case.

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