PROCEDURAL RESPONSIBILITY OF A VICTIM FOR EVASION TO APPEAR WHEN SUMMONED TO INVESTIGATOR, PROSECUTOR, INVESTIGATING JUDGE OR COURT IN CRIMINAL PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The current Criminal Procedure Code of Ukraine finally secured a victim as a separate and independent participant in the criminal proceedings, which is endowed with certain procedural status. Despite the dispositive rights of the victim in the proceedings of its procedural status and procedural obligations arising, he should perform in any case. As a result of failure or improper performance of its procedural obligations victim it can be brought to criminal procedural justice. The Criminal Procedure Act establishes the obligation of Ukraine victim come to call the investigator, prosecutor, investigator, judge or court and in failing to timely arrival – inform in advance, specifying the reasons for the inability to arrival. Upon committing to victims of criminal procedural violations – no-call to the prosecutor or the investigating judge or court sanction applied to him in the form of imposing monetary penalties. The order making a decision on its imposition and the amount of the penalty will depend on exactly who – pre-trial investigation or court challenge made victim. Investigative judge or court must determine whether there has been willful or reckless evasion victim to appear when summoned. To this end, the investigating judge or court can be given any information that can confirm the failure of his victims’ duty. Such information may be obtained by interviewing relatives, neighbors or acquaintances. The most common evidence of non-appearance is confirmed by the fact that the real victim delivery of summons with due notice of the time and place of arrival, certified by his signature. The first important procedural action that must make in deciding whether the imposition of monetary penalties is the identification and proof of procedural violations. Setting absence of valid reasons for which the victim was unable to call, will be the main factor for recognizing committing procedural violations and application of sanctions in the form of imposing monetary penalties. The only type of event procedural criminal responsibility for specified procedural violation is the imposition of monetary penalties, the amount of which is determined by the court within the prescribed procedural law.
Authors and Affiliations
Л. В. Павловська
Keywords
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