THE STATUS OF A VICTIM IN CRIMINAL PROCEEDINGS

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.