Persoana vătămată şi partea vătămată
The injured person and the injured party

Summary/Abstract: The title of the present study is `the injured person and the injured party`. As the title suggests, throughout this study the author aims to present the main amendments which occurred as a result of the adoption of a new Code of Criminal procedure on February 1st, 2014. Thus, the author analysed the regulation regarding the injured party, provided by the former Code of Criminal Procedure, and the current regulation of the injured person. The author chose to present the similarities and differences between the two regulations in a way that makes it most easy for the reader to understand the changes operated by the new criminal procedure legislation regarding the injured person. The most significant difference is due to the fact that, according to the Code of Criminal Procedure currently in force, the injured person is no longer included in the category of parties to the criminal trial, as the former 1968 Code of Criminal Procedure provided, but rather included in the category of main subjects, together with the suspect. Moreover, the author presents the mechanism through which the person suffering damage becomes an injured person, as well as the rights and obligations he/she acquires. Throughout the criminal trial, the injured person can be represented by a lawyer in court and can also benefit from legal assistance, which is usually optional but can, in certain cases, be compulsory.

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