Representing the interests of the victim during the inquiry and preliminary investigation

Initial consultation by phone or online via chat	For free
Consultation	from 2,000 rub.
Departure during detention, arrest, search	from 10,000 rub.
Drawing up procedural documents	from 5,000 -15,000 rub.
Familiarization with the case materials in court	Negotiable
Representing the interests of the principal (client) at the stage of pre-investigation check	from 30,000 rub.
Protection of the suspect (accused) during inquiry, preliminary investigation	from 50,000 rub.
Representing the interests of the victim during the inquiry and preliminary investigation	from 50,000 rub.
Defense of the defendant in the court of first instance	from 50,000 rub.
Representing the interests of a witness in the court of first instance	from 50,000 rub.
Protection and representation of interests in courts of appeal, cassation and supervisory instances	from 30,000 rub.
Work on issues of parole	from 30,000 rub.
One-time visit to pre-trial detention centers, temporary detention centers, places of detention	from 5,000 rub.
Organization of notarial actions in pre-trial detention centers, temporary detention centers, places of deprivation of liberty	Negotiable

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Protection of the rights of victims during criminal proceedings

In Russian legislation, the rights of the party who suffered damage due to the party’s crimes are protected by current legislation. This is established by Article 52 of the Russian Constitution. The state, according to this article, must provide victims with full open access to the justice process, as well as compensation for possible moral and/or material damage.

1. A victim is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event that a crime causes damage to its property and business reputation. The decision to recognize a victim as a victim is made immediately from the moment of initiation of a criminal case and is formalized by a resolution of the inquiry officer, investigator, judge or a court ruling. If at the time of initiating a criminal case there is no information about the person who has been harmed by the crime, the decision to recognize him as a victim is made immediately after receiving information about this person.

Responsibility

Federal legislation of Russia regulates the basic elements of bringing to justice a person who is guilty of violating actions to ensure state protection.
In this case, both an official who failed to fulfill his duties and a protected citizen who refused to take any measures aimed at ensuring his safety may be held accountable.

For example, a victim or witness may be held liable in cases where he wants to sell, pledge or donate property that was received from the state in order to carry out measures aimed at protecting such a person.

Rights of the injured party

According to the articles of the Code of Criminal Procedure of the Russian Federation, the victim, who is one of the parties to criminal proceedings, has the following rights:

1) know about the charge brought against the accused;

2) give evidence;

3) refuse to testify against himself, his spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If the victim agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony;

4) provide evidence;

5) file petitions and challenges;

6) give evidence in his native language or a language he speaks;

7) use the help of a translator for free;

have a representative;

9) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;

10) get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;

11) get acquainted with the decision on the appointment of a forensic examination and the expert’s conclusion;

12) upon completion of the preliminary investigation, including in the event of termination of the criminal case, with all the materials of the criminal case, copy out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including using technical means. If several victims are involved in a criminal case, each of them has the right to become familiar with those materials of the criminal case that relate to the harm caused to this victim;

13) receive copies of decisions to initiate a criminal case, to recognize him as a victim, to refuse to select a preventive measure against the accused in the form of detention, to terminate a criminal case, to suspend proceedings in a criminal case, to forward a criminal case to jurisdiction, scheduling a preliminary hearing, court hearing, receiving copies of the verdict of the court of first instance, decisions of the courts of appeal and cassation. Upon application, the victim has the right to receive copies of other procedural documents affecting his interests;

14) participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances, object to the passing of a sentence without a trial in the general manner, as well as in the cases provided for by this Code, participate in a court hearing when the court considers issues related to the execution sentence;

15) speak in court debates;

16) support the accusation;

17) get acquainted with the minutes of the court session and submit comments on it;

18) bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court;

19) appeal the verdict, ruling, court order;

20) know about the complaints and presentations brought in the criminal case and file objections to them;

21) apply for the application of security measures in accordance with part three of Article 11 of this Code;

Protection of the rights of victims by justice authorities does not always work effectively.

When it comes to protecting officials, the injured party does not feel an adequate level of protection for their freedoms, interests and lives. In addition, the offender may, in some exceptional cases, not be held criminally responsible or prosecuted.

In such cases, the statements of the injured party may not only not be considered, but they may not yet be given the opportunity to begin criminal proceedings. Thus, persons in positions with sufficient competence whose main responsibility in a given case

is to protect the injured party, they can create obstacles that do not allow free passage to the administration of fair justice.

In most practical cases, the injured party is simply unable to obtain from qualified law enforcement authorities the prompt and competent initiation of criminal proceedings for the effective investigation of the crime.

As a result, during the investigation the rights and interests of each of the participants in the court proceedings cannot be properly ensured. The victim is not always compensated for the harm.

How else can officials prevent the initiation of a criminal investigation?

In such cases, it is recommended to use the legal option to extend existing deadlines for background checks and crime reports. Here, an illegal and popular method of increasing possible time limits is the issuance of a specialized interim resolution by a competent official. The resolution presupposes its immediate cancellation by the supervisory authority, as well as the sending of the case data for another check.

The timing of side (additional) inspections is not specified in current laws, so such an inspection can be extended over months or even years.

Such a vicious practice that does not fit into the current laws is becoming quite common today. Moreover, they have become so accustomed to it that some people, without coming up with excuses or compelling reasons, write in the resolution an official refusal to open and operate a management company.

They note that this resolution is in fact only interim, and that is why it is subject to mandatory repeal. The cancellation of the resolution ultimately leads to the expiration of all permissible deadlines for holding persons accountable for all the crimes they have committed.

PERSON RESPONSIBLE FOR THE DAMAGE

As a rule, the accused bears responsibility for the damage caused by the crime. In some cases, the defendant in the case may be another person who is not the causer of harm, who is given the status of a civil defendant.

Thus, if a minor accused does not have independent income, the damage must be compensated in full or in the missing part by his parents (adoptive parents) or guardian, that is, they are subject to subsidiary liability unless they prove that the damage did not arise through their fault. In addition to parents (adoptive parents) and guardians, other persons may also be civil defendants in a criminal case.

According to the norms of civil law, these include: owners of a source of increased danger belonging to them on the basis of ownership, economic management, operational management, lease, by power of attorney for the right to drive a vehicle, by virtue of an order of the relevant authority to transfer the source of increased danger to them, on other legal grounds (part 1 of article 1079 of the Civil Code of the Russian Federation); persons who unlawfully took possession of a source of increased danger (Part 2 of Article 1079); citizens and legal entities who have concluded an employment agreement (contract) or a civil contract with the causer of harm, if the causer of harm, when committing a crime, acted (should have acted) on their instructions and under their control over the safe conduct of work (Article 1068).

In relation to the above-mentioned persons, the investigator may make a decision recognizing them as civil defendants in a criminal case.

Help from a qualified lawyer

In such and similar cases, it is necessary to contact a qualified and experienced lawyer. According to Article 45 of the Code of Criminal Procedure of Russia, lawyers can be representatives of the civil plaintiff, the injured party and the private prosecutor. In addition, according to the same article, relatives or any other person can act as a representative, but only if the plaintiff personally applies for his admission.

The lawyer, who is the representative of the victim party, has rights, therefore, according to his status, he has the right to demand that all other participants in the criminal process fulfill and fulfill their duties.

The lawyer protects the injured party from possible and probable arbitrariness of justice.

This is the essence of the specialized position of the victim-party lawyer during legal proceedings. He also has the right and opportunity to demand from all other participants in criminal proceedings to fulfill their duties in accordance with the law.

Situations can be different, and the rights of the victim are not always properly protected. In such cases, it is necessary to involve a qualified lawyer with experience and knowledge in the case.

Security features

Protection of a victim or witness of a criminal act on the territory of the Russian Federation cannot be carried out without the availability of appropriate material, technical or financial support.
According to the law, the acquisition of any necessary equipment required to ensure the safety of the victim of an accused person must be financed from the state budget.

The security system should monitor the correct use of funds and their intended destination.

Attention! According to the law, it is impossible to impose any costs on a person under protection.

It is for this reason that any financial demands that come from security agencies are illegal and can be appealed in court or another higher government body (for example, the prosecutor's office).

What needs to be done at the pre-investigation stage?

The pre-investigation check is carried out on the basis of the victim’s application to initiate a criminal case. It must state the circumstances of what happened and describe the crime.

In cases of private prosecution, the burden of proof, substantiation of the position and presentation of documents falls on the shoulders of the citizen who has suffered from criminal acts.

If a crime has been committed against you, contact the lawyers of SKP. Our specialists will help collect evidence, organize an examination, justify the material and moral damage suffered, and achieve a fair decision.