Safe way out

Victims rights

The rights of victims of crime are determined and defined by the Criminal Procedure Act. The victim may report the crime to the police and/or the state attorney’s office, which have the duty to inform the victim about their rights so that they can be exercised during the criminal proceedings.

The victim has the following rights:

  • to access victim support services for free from the moment the crime was committed until necessary
  • effective psychological and other types of professional help and support from bodies, organizations or institutions that assist victims of a crime
  • protection from the intimidation and retaliation
  • protection of their dignity during testimony
  • to a hearing without unjustified delay after the filing of a criminal complaint and that further hearings are conducted only to the extent to which they are necessary for the criminal proceeding
  • to be accompanied by a person of trust of their choosing during the whole proceeding in which they are participating
  • that medical examinations should be kept to a minimum and be carried out only when strictly necessary for the criminal proceedings
  • to participate in the criminal proceeding as the injured party, the right to file a motion for prosecution and a private lawsuit in accordance with the provisions of the Criminal Code,
  • to be informed of the dismissal of the criminal complaint and the withdrawal of the state attorney from the criminal prosecution, and the right to undertake that prosecution in the place of the state attorney
  • to the confidentiality of personal data in case the data could harm the safety of the victim or others
  • to be informed without undue delay, of the release of the defendant from custody or investigative imprisonment, the escape of the defendant, the release of the convicted person from prison, and measures that have been undertaken for their protection
  • to be informed of every decision by which the criminal proceeding is legally terminated
  • to give testimony at the trial via audio-video equipment
  • other rights prescribed by law.

The victim of the criminal offence against sexual freedom and the criminal offence of human trafficking, in addition to the rights that all victims have, also has the following rights:

  • to talk to a counsel (financed from the state budget), before the interrogation
  • to have a legal representative financed from the state budget
  • to be interviewed by a person of the same sex by the police and in the state attorney’s office, and that if there is another interview, it is conducted by that same person
  • to refuse to answer questions that have no connection to the criminal offence and that are related to the personal life of the victim
  • to demand to be interviewed with audio-visual equipment
  • to the confidentiality of personal data
  • to demand that the public be excluded from the hearing.

The child victim of a criminal offence, in addition to the rights that all victims have, also has the following rights:

  • to have a legal representative financed from the state budget
  • to the confidentiality of personal data
  • to the exclusion of the public.

The victim of the criminal offence of violence intentionally committed, in addition to the rights that all victims have, also has the following right:

  • to financial compensation from the state budget in accordance with a special law.

The victim of a criminal offence for which the prescribed sentence is more than five years, who suffers serious consequences from that offence, in addition to the rights that all victims have, also has the following right:

  • right to the professional assistance from a counsellor/advisor financed from the state budget with the submission of a claim for indemnification.

The victim of a criminal offence for which the individual needs assessment has found a need for further rights can be granted following rights:

  • to talk to a counsel (financed from the state budget), before the interrogation
  • to be interviewed by a person of the same sex by the police and in the state attorney’s office, and that if there is another interview, it is conducted by that same person
  • to refuse to answer questions that have no connection to the criminal offence and that are related to the personal life of the victim
  • to demand to be interviewed with audio-visual equipment
  • to the confidentiality of personal data
  • to demand that the public be excluded from the hearing.

 

The injured party has the following rights:

  • to use their own language
  • to submit the request for indemnification and temporary protective measures
  • to a counsel (that they pay on their own)
  • to present evidence and facts
  • to participate in the evidentiary hearing
  • to be present in court, participate in the evidentiary proceeding and hold a closing speech
  • to view case documents
  • to appeal
  • to request a return to previous status
  • to be informed of the outcomes of the criminal proceedings

MORE INFORMATION ABOUT VICTIMS RIGHTS

For more information on victims rights you can contact National Call Center for Victims of Crime 116 006.

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