KRIVIČNOPRAVNI INSTRUMENTI ZAŠTITE ŽRTAVA KRIMINALITETA U CRNOGORSKOM ZAKONODAVSTVU I EVROPSKI PRAVNI STANDARDI
CRIMINAL LAW INSTRUMENTS FOR THE PROTECTION OF VICTIMS OF CRIME IN MONTENEGRO LEGISLATION AND EUROPEAN LEGAL STANDARDS

Summary/Abstract: The research focus of this paper is the victimological dimension of the criminal phenomenon, that is, the victim of a criminal offence, as well as the typology of victims, the risk of victimization, victimogenic predispositions and the protection of victims of crime in the substantive and procedural criminal legislation of Montenegro and the European Union. Criminal law protection of victims of criminal offences is still not complete and satisfactory, despite the alarming data on the increasingly pronounced victimization of a large number of people at the national and global level. The efforts of the European Union and individual states to standardize and implement appropriate criminal law instruments for providing assistance in the protection of victims of crime, despite good normative solutions, still do not give the expected results in terms of reducing the number of victims of criminal offences. A major problem is the secondary victimization to which the victims are exposed due to the lack of an effective support system, in order to alleviate the trauma of victimization. Every person victimized by different types of incriminations experienced suffering and pain, was harmed or had their personal rights violated. Therefore, criminal law theory increasingly focuses on researching the position of the victim in criminal proceedings. The victim is given public legal importance since she can make a great contribution to the correct and complete determination of the factual situation in criminal proceedings. In the paper, special attention will be paid to European legal standards in this area with emphasis on Directive 2012/29/EU of the European Parliament and the Council on the establishment of minimum standards in the rights, support and protection of victims of crime and its compatibility with Montenegrin criminal legislation.

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