ON THE POSITION OF AN INJURED PARTY IN CRIMINAL PROCEEDINGS Cover Image

О ПОЛОЖАЈУ ОШТЕЋЕНОГ У КРИВИЧНОМ ПОСТУПКУ
ON THE POSITION OF AN INJURED PARTY IN CRIMINAL PROCEEDINGS

Author(s): Goran P. Ilić
Subject(s): Criminal Law, Victimology
Published by: Правни факултет Универзитета у Београду
Keywords: Injured party; Victim; Criminal Proceedings; Procedural position of an injured party; Procedural protection measures; Human rights standards;

Summary/Abstract: The paper considers important changes which have ensued in the last decade and so regarding views on the position of an injured party in criminal proceedings, and which come as a result of an endeavor to strengthen the process of pacification of custom. The author emphasizes that greater sensitivity towards injuries or jeopardizing of personal or property rights of an injured party has primarily led to a principal stand that he/she should be treated during criminal proceedings with compassion, respect, and with valuing of his/her dignity. This approach, which has been proclaimed in numerous international documents, has resulted in an intensified interest for the rights of injured parties in criminal proceedings which has led to a noticeable movement in comparative law for the establishment of a legal framework that would guarantee a procedural position and the rights of the injured party. With all the differences highlighted in the paper, the author concludes that the legislative framework pertaining to the position of an injured party essentially has two aspects. First pertains to the attempt of the injured party to satisfy his/her restitution claim in criminal proceedings, while the second aspect comes as a result of a need to take measures in order to prevent secondary victimization.

  • Issue Year: 60/2012
  • Issue No: 1
  • Page Range: 137-158
  • Page Count: 22
  • Language: Serbian