Lawyer for the victim in a criminal trial. Does the victim need a lawyer? Rights of the victim

At first glance, the title of the article may be surprising, although there is nothing surprising here.

Yes, as a general rule, we are used to associating a lawyer with the defense of a person who is facing a punishment for a criminal offense (suspect, accused, defendant). But this is only part of the functionality of a lawyer. In addition to protecting the legitimate interests of his client, the lawyer ensures that his rights are not violated. Additional far-fetched responsibilities that are not based on the requirements of the law were not assigned to the client.

Here, for example, such simple "limitless cases" exist in practice:

1) You came to the police to write a statement, but they do not accept him with the reference to the fact that there was no crime. You claim that you have been harmed by the crime, and the police claim that this harm is far-fetched and recommend you go to court. In fact, the police are required to accept any application, consider it and make a lawful decision.
2) You have received a statement of the crime, but the criminal proceedings were not opened. Verification of the application was entrusted to an investigator or a local policeman who will write it off to the “basket”.
3) They opened criminal proceedings, but the investigator simply does not conduct any investigative actions.

You will demand the status of a victim in order to initiate investigative actions, but the investigator will simply refuse you this, referring to the fact that the real harm was done not to you, but to a completely different person.

In order to prove obvious things in advance, you will have to make complaints and submit them to the investigating judge, in addition to the lines established by the Law and according to a certain procedure, to prove to the law enforcement system that you are not a fool.

You must admit that without a lawyer it can be difficult to even get the worst status of the victim. And this is only the beginning of the path that you have to go before the sentencing of the court, which should also:

  • • protect your rights and legitimate interests,
  • • restore them, if possible (for example, return property),
  • • recover damages from the defendant if it was caused and claimed properly.

As you can see, a lawyer escorting a victim of a criminal offense is not so useless.

Who is the victim.

The law states that according to the updated Criminal Procedure Code of Ukraine, the status of a victim can be obtained not only by a citizen, as before, but also by an enterprise.

Citizen may be a victim if he has suffered one of the types of harm:

  • • property (for example, a wallet has been selected);
  • • physical (injured)
  • • moral (the result of a criminal offense is mental suffering, up to the disorder of the nervous system and overall health).

The company or the company may be the victim if it has suffered property damage (it is clear that the other two types of harm to legal entities are not peculiar). For example, when property belonging to the company and on its balance sheet is stolen, damaged or destroyed. There are cases when, as a result of one criminal offense, both persons become injured at once.

For example, a criminal accident involving a car owned by a company that was driven by the driver of the same company if the driver-opponent was found guilty.

The company will be recognized as a victim, since property damage has been caused to its property - a car is broken. The driver of the company will be recognized as a victim, as he suffered physical harm (injuries as a result of an accident), and if he remained disabled for disabled people, then it may be moral harm.

Who cannot be a victim.

This is a legislative innovation, the emergence of which is the result of the fact that many talented people live in Russia.

The law states that a citizen who has suffered non-pecuniary damage as a representative of a company or a specific part of society cannot be a victim.

If we take the above example with an accident, it probably means not the driver, but another employee of the company (car owner). And this employee was so worried about the injured driver (or a wrecked car) that he suffered moral harm, which can be confirmed by a certificate from a neurologist. In fact, there will not be a necessary causal connection between a criminal offense (the fact of an accident) and the mentioned moral harm. But the legislator, apparently, to exclude all possible speculation, resolved this issue once and for all.

Ways and times for becoming a victim.

The law immediately establishes three ways for you to become a victim, two of which are active and one passive.

1. Crime Report.

This is the most common case. The law establishes that the rights and obligations of the victim arise from the moment you file an application for a criminal offense against you (Article 55 of the Code of Criminal Procedure of Ukraine)

2. Application for involvement as a victim.

This is a case when a criminal proceeding already exists and is opened at the request of another person or upon the commission of a criminal offense (for example, an explosion).

There are options when there were several victims (for example, as a result of the same explosion). Then a criminal proceeding can be opened upon a statement of the crime of the first of the victims who came to the police. The remaining victims will be forced to submit an application to bring them to production as a victim.

In this case, the rights and obligations of the victim will arise from the moment you submit this application.

Help .

The law establishes an important nuance regarding the first two ways to obtain victim status.

So, the law says that if there are obvious and sufficient reasons to believe that:

  • • statement of criminal misconduct or
  • • application for involvement in production as a victim

filed by a person who has not suffered damage, the investigator has the right to make a reasoned decision to refuse recognition as a victim.

3. The investigator has the right to recognize you as a victim on his own initiative.

This is a passive path, as mentioned earlier, which is possible if you have not filed either of the two above applications.

An already used example with an explosion and several victims.

First, he wrote a statement about the commission of a criminal offense against him. Several others came to the police and wrote a second statement. And several more victims did not appear at all, but were identified by the police (for example, upon requesting medical help). It is this last group of victims that can be recognized as victims by the decision of the investigator.

In this case, the rights and obligations of the victim will arise from the moment the investigator makes this decision.

True, there is a nuance here. The investigator has no right to make this decision without your written consent. If you didn’t give such consent, you can be involved in the case only as a witness.

The meaning of the status of the victim is to initiate investigative actions, get the prosecution to protect your interests in the criminal case, recover (compensate) material damage from the guilty person, and achieve justice from the resources of the law enforcement system of Ukraine. An experienced lawyer with a certain experience in criminal practice will help you with this.

A crime has been committed against you or your loved ones?
You don’t know how to behave and you are afraid of the prospect of independent communication with the police?
Contact our law firm! Our attorneys will accompany you at all stages of this procedure and will achieve a positive result!

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