THE INJURED PARTY AND HUMAN RIGHTS STANDARDS IN CRIMINAL PROCEEDINGS Cover Image

ОШТЕЋЕНИ И СТАНДАРДИ ЉУДСКИХ ПРАВА У КРИВИЧНОМ ПОСТУПКУ
THE INJURED PARTY AND HUMAN RIGHTS STANDARDS IN CRIMINAL PROCEEDINGS

Author(s): Goran P. Ilić
Subject(s): Criminal Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Београду
Keywords: Injured party; Criminal proceedings; Human Rights; Right to a fair trial; Core human rights; European Court of Human Rights; Constitutional Court;

Summary/Abstract: This article considers issues relating to the position of the injured party in criminal proceedings and human rights standards that should be recognized to him/her in such a situation. The paper thereafter considers standards set by Strasbourg relating to the position of an injured party in criminal proceedings, namely the two grounds for the inclusion of an injured party within its jurisdiction. First pertains to the right to a fair trial, while the second relates to „core” human rights. A civil claim submitted by an injured party in criminal proceedings represents a link between an injured party and the right to a fair hearing under Art. 6(1) of the European Convention on Human Rights. The author summarises the analysis of numerous decisions rendered by the European Court of Human Rights, as well as cases handled by the European Commission of Human Rights, by concluding that a civil claim of an injured party has to pertain at least to a symbolic compensation for damages incurred or to protection of a certain civil right. It is also necessary that the outcome of criminal proceedings is decisive for the civil claim of the injured party. When speaking of „core” human rights, the author emphasises the link between the said concept and the concept of the European public order.

  • Issue Year: 60/2012
  • Issue No: 2
  • Page Range: 135-161
  • Page Count: 27
  • Language: Serbian