Ensuring the victim’s rights when concluding a pre-trial cooperation agreement

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The widening of the range of abbreviated procedural forms provided for by the current criminal procedure legislation has resulted in a significant difference in the legal status of individual participants in criminal proceedings, depending on which arrangements for criminal proceedings are applied. In particular, the restriction of the victim's rights when concluding a pre-trial cooperation agreement in a criminal case is a cause for concern. In this case, a special trial procedure is applied regardless of the victim’s will. Such a provision is unlikely to be fully consistent with the principle of equality of all before the law and clearly impedes the victim’s access to justice. The purpose of the study is to solve the problem of restricting the victim's rights in the application of special trial procedure in the event of concluding a pre-trial cooperation agreement in a criminal case and to justify the possibility of compensating such a restriction by expanding the victim's right to appeal against a court decision.

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Pre-trial cooperation agreement, victim, special trial procedure, sentence, directness

Короткий адрес: https://sciup.org/142240194

IDR: 142240194   |   DOI: 10.33184/pravgos-2024.1.24

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