Legal status of a victim in criminal proceedings

Автор: Tikhonov Alexey Konstantinovich

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Юридические науки

Статья в выпуске: 4, 2018 года.

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The paper analyzes the legal enshrinement of the rights and duties of a victim of a criminal offence in criminal proceedings. The research is based on comparative historical and state legal methods of cognition. Studies in the field of rights, freedoms, and legitimate interests of the individual demonstrate the need to radically reconsider the attitude towards a victim of a crime. International law, as well as the legal systems of many states, proceeds from the requirements to modify a single-minded focus on crime solution. In this case, a victim is not in the spotlight while all procedures and guarantees of legality, humanity, and objectivity are mainly referred to the suspect or the accused. In addition, the status of a victim is to be considered because of his low involvement in criminal proceedings. However, it is a victim who is strongly interested in exposing criminals and their just punishment in the vast majority of cases. Another shortcoming in the legal status of a victim is that almost all legal descriptions of the victim’s status neglect the attempts to commit a crime.

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Criminal proceedings, victim, justice, legal status, personal security, damage from crime, moral damage, preparation of a crime, attempt to commit a crime, qualification, individualization of punishment, crime victim

Короткий адрес: https://sciup.org/14939086

IDR: 14939086   |   DOI: 10.24158/tipor.2018.4.18

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