THE STATUS OF A VICTIM IN CRIMINAL PROCEEDINGS

Journal Title: Administratīvā un kriminālā justīcija - Year 2018, Vol 3, Issue 84

Abstract

The article examines the status of the victim in criminal proceedings, identifying in this context the problems existing in the Criminal Procedure Law and making proposals for the improvement of the regulation specified in the Criminal Procedure Law. With the recognition of the Criminal Procedure Code as invalid and the entry into force of the Criminal Procedure Law, a fundamental guideline has changed: being victim is the right, not the obligation, that is, the victim himself decides on the use of his rights and the use of the necessary remedies. In order to consistently implement the aforementioned change of the status of a victim, it is worth considering to prescribe in the Criminal Procedure Law that the victim himself determines the successor of the rights or, on the contrary, informs that he does not want his interests to be represented in criminal proceedings in the event of the eventual death of the victim. In case if an informed victim has refrained from providing clear instructions regarding the transfer of the victim’s rights, it is assumed that the victim agrees that, in case of his eventual death, one of the successors determined in the Criminal Procedure Law may become his successor of rights.

Authors and Affiliations

Rolands Siliņš

Keywords

Related Articles

THE PUNITIVE DISTINCTION ON GROUNDS OF SEX IN THE PENAL CODE OF SPAIN AND THE ORGANIC LAW 1/2004 OF 28 DECEMBER ON INTEGRAL PROTECTION MEASURES AGAINST GENDER VIOLENCE

The aim of this article is to examine the punitive differences after come into force of the law 1/2004 of 28 of december, (LVG) because this law protect only women and not men, studying the differences in the law enforce...

POLICY AND PRACTICE DEALING WITH DOMESTIC VIOLENCE CASES IN LITHUANIA

Vardarbības ģimenē ierobežošana ir visu Eiropas valstu kriminālās justīcijas prioritāte. Pasākumi vardarbības ģimenē ierobežošanai pēdējos gados ir aktuāli arī Lietuvā. Šīs sociālās problēmas risināšanai ir pieņemts īpaš...

CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal respo...

UNUSED POSSIBILITIES OF DETECTIVE ACTIVITIES

Legal regulation of Lithuanian, Latvian, Russian private detectives activities provide additional opportunities for private detectives to create added value in their practice. Special laws of the countries in question th...

CREDITOR CLAIMS IN THE INSOLVENCY PROCEEDINGS OF A LEGAL ENTITY

The study “Creditor claims in the insolvency proceedings of a legal entity” contains analysis of the legal norms that prescribe the filing and verification of creditor claims, decisions adopted by administrator concernin...

Download PDF file
  • EP ID EP660213
  • DOI 10.17770/acj.v3i84.3648
  • Views 159
  • Downloads 0

How To Cite

Rolands Siliņš (2018). THE STATUS OF A VICTIM IN CRIMINAL PROCEEDINGS. Administratīvā un kriminālā justīcija, 3(84), 21-41. https://europub.co.uk/articles/-A-660213