CRIME VICTIM’S RIGHTS

RIGHT TO ACCESS PROFESSIONAL SUPPORT SERVICES

Entities recorded in the Register of Aid Providers for Crime Victims provide the victims with professional aid at no cost. That means psychological counselling, social counselling, legal aid, providing legal information or restorative programs prior to the opening of criminal proceedings, during their course as well as after their closing. Professional aid is provided for as long as its purpose requires it.

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PARTICIPATION IN CRIMINAL PROCEEDINGS

​ Crime victim has the right to participate in criminal proceedings: actively while exercising their rights or passively, i.e. in the position of a witness who is heard by law enforcement authorities in the matter. RIGHT TO ACTIVE PARTICIPATION IN CRIMINAL PROCEEDINGS RIGHT NOT TO CONSENT TO THE PROSECUTION, OR TO WITHDRAW PREVIOUS CONSENT (SECTION 163 PARAGRAPH 1 OF THE CRIMINAL PROCEDURE CODE) The consent of the injured party to prosecution (so-called right of disposition) is only necessary in the following two circumstances: a) perpetrator and the injured person are next of kin in the sense of Family Law; when the persons are considered „persons equivalent to” relatives, the law enforcement authority makes the decision, b) if a criminal offence specifically determined by law is concerned. There are criminal offences which require consent to be prosecuted, e.g. act of violence against a group of citizens or against an individual, violating the rights of others, bodily harm  in paragraph 1, illegal restraint, blackmail, breach of domicile, theft, embezzlement, fraud and several other less frequent criminal offences. Furthermore, the injured person’s consent is required in case of rape if the perpetrator is or at the time of committing the criminal offence was the injured party’s husband, partner or common-law husband. However, even though those conditions are met, the consent to the prosecution is not necessary in case the criminal offence caused death, the injured party is unable to give consent because of mental illness or mental disorder, if the injured party is below 15 years of age or if it is apparent that the consent to prosecution was not given (or was withdrawn) as a result of threat, coercion, the injured person’s addiction or submission to the perpetrator. How to assert this right: the injured party doesn’t state explicit consent to prosecution on file (when they are asked to do so by police authority during writing up the file) or in their complaint done in writing; the injured party takes their consent back expressly by word of mouth on file or in writing (it must, however, be done before the court leaves for juridical decision session). Once the injured party withdraws their consent expressly, it cannot be granted again or request the perpetrator to be prosecuted again. This right can be exercised at the police authority’s or public prosecutor’s. If the explicit consent is not given in the particular case, criminal proceedings may not proceed and the perpetrator cannot be prosecuted for the criminal offence. If the injured party does not react to police authority’s appeal to give consent or not, the police authority will grant them adequate time (max. 30 days) to make the decision. If consent is not given within those 30 days (either in writing or orally on file), it cannot be given later. RIGHT TO MAKE SUGGESTIONS TO LAW ENFORCEMENT AUTHORITIES ABOUT TAKING OF ADDITIONAL EVIDENCE (SECTION 43 PARAGRAPH 1 OF THE CRIMINAL PROCEDURE CODE) The injured party can exercise this right in a complaint orally on file or in writing, or later on during examination with any of the law enforcement authorities. It generally counts for more if the suggestion about taking of additional evidence includes not only a list of evidence but also facts that are supposed to be proved by this evidence. It is advisable to have a copy of the formal complaint made which includes the particular suggestions about taking of additional evidence, written acknowledgement of submission of the formal complaint etc. If the law enforcement authority decides not to take the proposed evidence, they are obligated to give reasons for their procedure to the injured party (e.g. why they find the particular evidence irrelevant). RIGHT TO REQUEST ALL FAILURES OR DELAYS CAUSED BY POLICE AUTHORITIES OR PUBLIC PROSECUTOR TO BE ELIMINATED (SECTION 157A OF THE CRIMINAL PROCEDURE CODE) The injured party has the right to point out incorrect procedure conducted by law enforcement authorities and to request these matters to be rectified. They should give notice of specific deficiencies or misconduct of the particular authorities. The right can be exercised in writing or orally on file: In case of the complaint aimed at conduct of the police authority - it ought to be addressed to the public prosecutor assigned to supervise the matter. In case the complaint concerns the conduct of the public prosecutor - it ought to be addressed to a public prosecutor directly superior to him/her. THE RIGHT TO LODGE A COMPLAINT AGAINST RESOLUTION (SECTION 142 OF THE CRIMINAL PROCEDURE CODE) Complaint can be made in writing or orally on file against any decision of police authority which directly concerns the injured person or which s/he instigated by their motion (e.g. motion for evidence). The complaint of the injured party is mainly directed at police authority’s resolution on suspension of the matter, but also against e.g. resolution on conditional discontinuance of criminal prosecution. Public prosecutor deals with complaints aimed at conduct of the police authority’s decisions, complaints concerning public prosecutor’s decisions are dealt with by a public prosecutor directly superior to them. Complaint against public prosecutor’s or court’s decision can only be filed in case law allows it expressly. Complaint must be filed within three days of the date of delivery of the decision! The right to file a complaint can only be asserted with the authority whose decision the complaint aims at. RIGHT TO APPEAL AGAINST JUDICIAL DECISION (SECTION 246 PARAGRAPH 1 D) OF THE CRIMINAL PROCEDURE CODE) The injured party can only appeal against the part of judicial decision concerning compensation. Unfortunately, as far as the judgement of conviction for the perpetrator is concerned, the injured party does not have the right to appeal. The injured person can exercise this right by filing a written submission to the court which has made. It must be filed within 8 days of the date of delivery of the judicial decision in written form (the reasons why the injured party does not agree with the judicial decision should be included in the appeal). RIGHT TO ASK WITNESSES QUESTIONS DURING TRIAL WITH THE CONSENT OF THE CHAIRING JUDGE (SECTION 215 PARAGRAPH 1 OF THE CRIMINAL PROCEDURE CODE) The injured party can assert this right by means of asking witnesses direct questions during trial at court. The questions should lead to establishing the guilt and clarification of the circumstances in which the criminal offence was committed. RIGHT TO BE GIVEN AN OPPORTUNITY TO SPEAK ON THE MATTER AT COURT BEFORE THE CLOSING OF THE JUDICIAL PROCEEDINGS (SECTION 216 PARAGRAPH 2 OF THE CRIMINAL PROCEDURE CODE) The purpose of this right is to give the injured person an opportunity to express their feelings and/or let the perpetrator know what impact the criminal offence has had on their lives. The court may take these facts into consideration when imposing the penalty. Court always grants this right to the injured party in case they are present at the trial, the right can be asserted after the public prosecutor’s final speech; this right needn’t be asserted expressly.

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VULNERABLE VICTIMS OF CRIME

​ New Act N.45 / 2013 Coll., on victims of criminal offences introduces protective measures for particularly vulnerable victims of criminal offences, whom it defines as follows: Vulnerable victim if fulfilling the conditions of Section 2 Article 2 or 3 Act N. 45/2013 Coll. is understood to be: a) a child, b) a person of high age or a person with a physical, mental or psychic handicap or sensory impairment, if these facts can given the circumstances of the case and the circumstances of that person obstruct their full and meaningful function within society compared to its other members, c) a victim of a human trafficking crime (Section 168 of the Criminal Code) or a victim of a terorist attack crime (Section 311 of the Criminal Code), d)a victim of a crime against human dignity in sexual field or of a criminal offence that included pressure, violence or threat of violence, a victim of a crime commited because of a nationality, race, ethnicity, religion, class, or against another group of people, or a victim of a crime commited in behalf of an organised terorist group, if there is an increased danger of secondary victimisation in such specific case, particularly with regard to their age, sex, race, nationality, sexual orientation, religious faith, medical condition, mental maturity, their ability to express themselves, situation in life which they find themselves in; or with regard to a relationship toward a person suspected to have committed a criminal act or their dependence on such person. If there is any doubt as to whether the victim is a vulnerable victim, the victim has to be considered as a vulnerable victim.

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RIGHT TO PROTECTION

Request a notification in case the accused is released from custody or they escapes from it, or if the convict will be released from the execution of the punishment or they escape from it (Section 11 article 3, 4, 5a, 6 Act N. 45/2013 Coll.). This right can be asserted by a written application or oral submission into the report: during preliminary criminal proceedings – with the investigating officer or public prosecutor, after trial has been ordered – with the respective court involved in the case, after sentence to an unconditional imprisonment – with the first instance court who took decision. Concealment of witness’s identity (Section 55 paragraph 2 of the Criminal Procedure Code) This right is based on a separate maintenance of witness’s personal details away from the file, which the injured party and their legal representative are allowed to view. In addition, this is combined with further measures at the trial with the aim to conceal identity of a witness (e.g. examination using a telephonic connection using a voice modulation etc.) Application of this option is conditional upon a real threat or risk involved in the testimony of the injured party or witness in criminal proceedings. This right can be claimed by oral application raised before the testimony of the injured party or witness has started to be recorded, or by an oral submission on file before the police authority has opened their first stage of action. If it is not possible to conceal the identity and the witness is also the victim of the crime, as a victim they can request at least management of their personal data concerning residence, delivery address, place of employment and family relations separately from the file (Section 16 Act N. 45/2013 Coll.). The above procedure cannot be enforced by a legal claim. In case the conditions are met, the application will be reviewed by a police officer who represents the police authority.  The injured party can ask the public prosecutor to review the conclusions of the police authority. If the injured party lays claim for the concealment of their identity but the police authority fails to satisfy such request, the police authority is obligated to submit the application to the public prosecutor to make a decision (Section 101a of the Criminal Procedure Code). To request a separated waiting room for the injured parties and witnesses for the prosecution (Section 200 of the Criminal Procedure Code) Some court buildings are equipped with “separate waiting rooms” for the injured parties, or witnesses. The purpose of these waiting rooms is to enable the injured parties and witnesses not to be placed in the proximity of other persons (e.g. other witnesses for the defence) during the time they are waiting in front of the courtroom to be called to the court proceedings. If court building is not equipped with such waiting rooms, the judge has the option in justified cases to e.g. enable that the injured party or witness wait in the area of court offices (e.g. register office) until the time they are called to appear before court. This right can be claimed by a written application: before trial has been ordered – with the public prosecutor, after the trial has been ordered – with the chairing judge, who will conduct the hearing in the case (this can be determined at the register office by court file reference number, possibly also with the public prosecutor). The utilization of a separate waiting room or other areas cannot be enforced by a legal claim by the injured party or witnesses. It always depends on the judge’s decision whether this option will be used, therefore the application should include the reason which leads to its submission. To request exclusion of the public during witness testimony (Section 200 of the Criminal Procedure Code) This right can be asserted especially in case of threat to the safety or other important  interest of the witnesses, however the witness themselves cannot enforce this procedure by a legal claim, which means the decision whether exclusion of the public will be allowed lies with the court. It is therefore helpful to describe specific reasons for which such procedure is requested. The right to exclude public from participating in the trial itself belongs to the court. This right can therefore be claimed by a written application prior to the opening of trial with the judge presiding over the criminal proceedings, who will be involved in the case (this can be found on notice from court or checked by court file reference number at the register office). To request exclusion of the public during witness testimony (Section 200 of the Criminal Procedure Code) The right to exclude public from participating in the trial belongs also to the court This entitlement can be asserted especially in case of threat to the safety or other important  interest of the witnesses, however the witness itself cannot enforce this procedure by a legal claim, which means the decision whether exclusion of the public will be allowed lies with the court. It is therefore helpful to describe specific reasons for which such procedure is requested. This right can be claimed by a written application prior to the opening of trial with the chairing judge, who will be dealing with the case (this can be found on notice from court or checked by court file reference number at the register office). To apply to court for measures for one’s protection (Section 209 of the Criminal Procedure Code) The court is entitled to take measures for witness protection, especially to conceal their appearance or to enable them to testify at trial in the defendant’s absence. This right can be asserted by a written application or oral submission on file until the trial has been opened: with the public prosecutor – before trial has been ordered, with the chairing judge who will deal with the case – after the trial has been ordered. The witness cannot enforce such measures by a legal claim and therefore the decision whether such measures requested by the witness will be applied depends on the court (chairing judge). The chairing judge should satisfy it if there are concerns that the witness would not tell truth in the presence of the defendant or they or their relatives are facing a threat due to the given testimony. It cannot be expected on the other hand that the chairing judge would approve the request to conceal witness’s appearance if the perpetrator knows the witness or his identity is known to him. Identity is usually concealed by means of witness examination using a telephone possibly also electronic voice modulation. In case the court enables the witness to testify in perpetrator’s absence, the contents of the testimony given by the witness must be subsequently communicated to the defendant so that they are able to comment on it and/or possibly ask the witness additional questions by means of the court.

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