FUNDAMENTAL RIGHTS OF THE VICTIM

1. The aggrieved party in the preparatory proceedings is a party entitled to act on his own behalf and in accordance with his own interest (Art. 299 § 1 of the Code of Criminal Procedure).

2. If the victim is a minor or incapacitated in full or in part, his rights are exercised by a statutory representative or by a person under whose permanent care the victim remains (Art. 51 § 2 and 3 of the Code of Criminal Procedure).

3. If the victim is a helpless person, in particular due to age or health condition, his / her rights may be exercised by the person under whose care the victim remains (Art. 51 § 3 of the Code of Criminal Procedure).

4. In the event of the death of the injured party, the rights that would be entitled to him or her may be exercised by the closest persons, and in the event of their absence or non-disclosure – the prosecutor, acting ex officio (Article 52 § 1 of the Code of Criminal Procedure).

5. For the aggrieved party, who is not a natural person, procedural steps are taken by the body authorized to act on his behalf (Art. 51 § 1 of the Code of Criminal Procedure). The aggrieved party may also appoint an attorney in the course of criminal proceedings (Article 87 § 1 of the Code of Criminal Procedure).

6. The aggrieved party may file a motion to dismiss a judge if there is a circumstance of this kind that could raise reasonable doubt as to his impartiality in a given case (Article 42 § 1 of the Code of Criminal Procedure).

7. If the injured party proves that the material conditions do not allow him to bear the costs of the power of attorney without prejudice to himself and his family, he or she may apply to the prosecutor (in the preparatory proceedings) or to the court (in court proceedings) for appointing him an attorney ex officio (Art. 87 § 1 and 88 § 1 of the Code of Criminal Procedure).

8. Everyone, having learned about the commission of an ex officio prosecuted crime, has a social obligation to notify the prosecutor or the police about it (Article 304 § 1 of the Code of Criminal Procedure). If the person or institution that has reported the crime is not notified within 6 weeks of the initiation of an investigation or inquiry, it may submit a complaint to the superior public prosecutor or to the public prosecutor appointed to supervise the authority to which the notification was submitted (Article 306 § 3 of the Code of Criminal Procedure, Art. 325a of the Code of Criminal Procedure).

9. If the aggrieved party submits a motion to prosecute some perpetrators, the obligation to prosecute also applies to other persons whose actions are closely related to the act of the person indicated in the application. This provision does not apply to the relatives of the person submitting the application (Article 12 § 2 of the Code of Criminal Procedure). The application may be withdrawn in preparatory proceedings with the consent of the prosecutor, and in court proceedings with the consent of the court – until the commencement of the trial at the first main hearing; this does not apply to the offense specified in art. 197 of the Penal Code (Art. 12 § 3 of the Code of Criminal Procedure).

10. If the aggrieved party is under 15 years of age, activities with his participation should, if possible, be carried out in the presence of a statutory representative or actual guardian, unless the interest of the proceedings is an obstacle (Article 171 § 3 of the Code of Criminal Procedure) .

11. In cases concerning crimes specified in chapter XXV of the Criminal Code (against sexual freedom and morality), the aggrieved party, who at the time of the act is under 15 years of age, should be questioned as a witness only once, unless they come to light important circumstances, the clarification of which requires another questioning or is requested by a suspect who did not have a defense attorney at the time of the first questioning of the victim (Article 185a § 1 of the Code of Criminal Procedure).

12. If there is a justified fear of violence or an unlawful threat against the victim acting as a witness or against his / her closest person, in connection with the proceedings, he may reserve the data concerning the place of residence for the sole information of the court or the prosecutor. In such a case, the pleadings are then delivered to the institution where the victim is employed or to another address indicated by him (Article 191 § 3 of the Code of Criminal Procedure).

13. The victim may be interviewed as a witness with the use of technical devices enabling this action to be performed remotely (Article 177 §1a of the Code of Criminal Procedure).

14. The aggrieved party who cannot appear on the summons due to illness, disability or other insurmountable obstacle may be interviewed at his place of stay (Article 177 §2 of the Code of Criminal Procedure).

15. If another person is shown to the aggrieved party, he may demand that this action be performed in a way that excludes the possibility of his recognition by the recognized person (Article 173 § 2 of the Code of Criminal Procedure).

16. The aggrieved party may submit requests for investigation or investigation (Art. 315 § 1 of the Code of Criminal Procedure, Art. 325 of the Code of Criminal Procedure).

17. If the steps of the investigation or investigation cannot be repeated at the hearing, the aggrieved party and their legal representative may be admitted to do so, unless, in the event of delay, there is a risk that evidence may be lost or distorted. The prosecutor may also allow the aggrieved party to participate in other activities of the investigation or investigation (Art.316 § 1, Art.317 of the Code of Criminal Procedure, Art.325a of the Code of Criminal Procedure).

18. The body conducting the preparatory proceedings is obliged to deliver to the aggrieved party a copy of the decision on admitting evidence from experts or a scientific or specialist institution, and allows to participate in the examination of an expert and get acquainted with the opinion (Article 318 of the Code of Criminal Procedure).

19. In the course of an investigation or an investigation, the aggrieved party may request the court to hear a witness if there is a risk that it will not be available for questioning at the hearing (Art. 316 § 3 of the Code of Criminal Procedure).

20. The aggrieved party participating in the activities, by signing the protocol, may submit charges as to its content (Article 150 § 2 of the Code of Criminal Procedure).

21. The aggrieved party may request a copy of the protocol of activities in which he or she participated or had the right to participate, as well as a document originating from or prepared with his participation, and at his request. For a fee, he is provided with a photocopy of documents in the case file, and with the consent of the person conducting the preparatory proceedings, he may receive certified copies or photocopies for a fee (Art. 156 § 2 and 5 of the Code of Criminal Procedure and Art. 157 § 3 of the Code of Criminal Procedure).

22. The aggrieved party has the right to receive, at his own expense, one copy of the audio or video recording of the procedural act recorded in this way (Art. 147 § 4 of the Code of Criminal Procedure)

23. The aggrieved party, with the consent of the person conducting the preparatory proceedings, may, in the course of these proceedings, view the files and make copies of them, as well as submit a complaint against the refusal to disclose the files (Art. 156 § 1 and 5 of the Code of Criminal Procedure, Art. 159 of kpk).

24. The aggrieved party is entitled to a complaint against the decision not to initiate an investigation or an inquiry and against the decision not to initiate an investigation or an inquiry. Therefore, he has the right to review the files (Article 306 § 1 of the Code of Criminal Procedure, Article 325a of the Code of Criminal Procedure). The aggrieved party also has the right to lodge a complaint against actions other than provisions and orders that violate his rights (Article 302 § 2 of the Code of Criminal Procedure).

25. The aggrieved party may submit a request or consent to the suspect’s request for the prosecutor to refer the case to a trustworthy institution or person for mediation between him and the suspect (Article 23a of the Code of Criminal Procedure).

26. The aggrieved party may file an indictment with the court for an offense prosecuted by public prosecution in the event that the prosecutor re-issues the decision refusing to initiate or discontinue preparatory proceedings. The deadline for bringing an indictment is one month from the date of delivery of the notice of the decision to the aggrieved party. The indictment should be drawn up and signed by an advocate (Art. 55 § 1 and 2 of the Code of Criminal Procedure).

27. The aggrieved party, after bringing the indictment by the public prosecutor, may, until the commencement of the trial, submit a declaration that he / she wants to act as an auxiliary prosecutor (Articles 53 and 54 of the Code of Criminal Procedure) or as a civil plaintiff (Article 62 of the Code of Criminal Procedure) ). If the injured party has brought a civil action in the course of the preparatory proceedings, he / she may also demand its security. The decision to secure the claim may be appealed to the court (Art. 69 § 2 and 3 of the Code of Criminal Procedure).

28. The aggrieved party, as an auxiliary prosecutor, has the right to submit evidence, be present at the entire hearing, ask questions of interrogated persons and appeal against the verdict. If the judgment was issued by a district court – the appeal must be drawn up and signed by an attorney (Art. 446 of the Code of Criminal Procedure).

29. In the event of discontinuation or suspension of the preparatory proceedings in which the civil action was filed, the aggrieved party, within 30 days from the date of service of the decision, may request that the case be transferred to the court competent to hear civil cases (Art. 69 § 4 of kpk).

30. If the perpetrator is convicted of an act specified in Art. 46 of the Penal Code, the aggrieved party or another authorized person has the right to apply to the court for a ruling on the obligation to redress the damage caused in whole or in part.

LEGAL ASSISTANCE FOR CRIME VICTIMS

Free legal and psychological consultations for crime victims and their families
are provided at the telephone number: 519686888 or at the Foundation’s seat by appointment.