PARTICIPATION IN CRIMINAL PROCEEDINGS

Crime victim / the injured party has the right to take active part in criminal proceedings:

• The right to suggest taking of additional evidence, which can be asserted either in writing or in form of oral complaint on file, and/or during their testimony at all law enforcement authorities’. If the injured party decides to assert this right, it should always be stated not only what evidence they suggest to be taken but also what facts ought to be proved by that evidence. If a law enforcement authority denies taking the suggested evidence, they must state the reasons for their course of action.
• The right to ask witnesses direct questions during trial at court with the consent of the Chairing judge. These questions must lead to establishing the guilt and clarification of the circumstances in which the criminal offence was committed.
• The right to speak on the matter at court by the end of the judicial proceedings. Therefore, they have an opportunity to express their feelings and/or let the perpetrator know what impact the criminal offence has had on their lives and what consequences the injured person has had to come to terms with.

Being the injured party in criminal proceedings the crime victim has the right to file a complaint against resolutions made by law enforcement authorities, however, only in cases expressly provided for by law. As part of instructions, the injured party must be informed about the right to file a complaint. The complaint must always be filed within three days of the date of delivery of the decision, which the complaint appeals against, and directly with the authority whose decision the complaint aims at.

Complaints are most frequently filed against the police’s resolution not to proceed with the investigation or not to prosecute the offender.

In cases of less serious criminal offences which are defined as minor offences (i.e.all unintentional offences and intentional criminal offences with criminal penalties of a maximum of 5 years of imprisonment), it is possible not to proceed with the criminal prosecution of the perpetrator conditionally and/or to reach a settlement.

Both of these procedures can only be applied provided that, apart from other things, the offender provides the injured party with compensation for the harm caused by the criminal offence. For settlement to take place, it is necessary that the injured party consents with this procedure.

Restorative justice
Restorative justice is a concept of criminal justice which focuses predominantly on restoration of the conditions rather than on repression. This concept sets the punishment of the perpetrator aside and instead gives preference to crime victims participating actively in the proceedings while their rights are emphasised; on the other hand, perpetrators are encouraged to take responsibility for their actions, to right the wrongs and to compensate the victims for the harm done. This concept is rather different from the classic concept of retributive justice which focuses on punishment.
Therefore probation and mediation is especially utilised here.
During the actual criminal proceedings it is possible to end the proceedings conditionally for a trial period of time in case the accused pleads guilty and provides compensation for the damages, or it is possible (and desirable) to end the prosecution altogether in case the accused and the injured party reach a settlement. In some cases, victims can also receive financial compensation from the state in specific circumstances. As far as the types of punishment are concerned, community service can be considered a manifestation of restorative justice.

Probation and mediation service of the Czech Republic
In the Czech Republic, probation and mediation service is an organisation body which carries out acts of probation and mediation in the course of criminal proceedings. Its activities are supervised by the Ministry of Justice and the Minister of Justice has set up a Council for Probation and Mediation as their advisory board for this field. Its legal regulation is specified in the Act N.257 / 2000 Coll., on Probation and Mediation Service.
The service is organised as a number of centres which operate at the seats of district courts and are managed by heads of centres. Specific tasks in terms of probation or mediation are conducted by clerks or assistants of the probation and mediation service.
The head of the probation and mediation service is a director appointed and dismissed by Minister of Justice.
The activities of the service are divided into probation and mediation. Probation consists of organisation and execution of supervision over the accused, defendant or convict, inspection into service of those alternative sentences which where some duties or restrictions have been imposed, moreover monitoring the conduct of the convict during their probationary period of release on parole, as well as individual support to the accused and appealing to them for leading an ordered life..

Mediation, on the other hand, means arranging for settling the case between the accused and the injured party out of court. Mediation can be used broadly in criminal justice and it is one of the tools for solving the criminal offence and its consequences between the perpetrator and the injured party. Mediation provided by Probation and Mediation Service is free of charge and based on consent of both parties. Mediation is carried out by a professional in conflict solving – a mediator, who manages the proceedings, maintains an accommodating and balanced approach to both parties and helps them find not only solutions in terms of compensation for the damages but also the reason why the criminal offence was committed. As far as the injured party is concerned, mediation offers the opportunity to get to understand the situation and circumstances as well as increases the probability of fast compensation for damages. As for the accused, mediation gives the opportunity to apologise to the injured party, explain their actions and redress the consequences of the offence. Mediation is interconnected with criminal proceedings and its results are taken into consideration during the proceedings as well. 
In terms of probation, the Probation and Mediation Service lays the foundations for the criminal case to be heard in one of the special forms of criminal proceedings, in order that detention is substituted with another measure, and/or the punishment does not embody imprisonment. That is the reason why the accused is provided with professional direction and support, s/he is monitored in terms of their behaviour and the Probation and Mediation Service cooperates with the offender’s family and social environment s/he lives in to make sure s/he lives a decent life in the future.
Apart from that, Probation and Mediation Service contributes to prevention of crime.
All necessary information about the Probation and Mediation Service: www.pmscr.cz

(source of information: Wikipedia, www.pmscr.cz)

Right to receive aid and legal representation

Entities accredited to provide legal information and the Probation and mediation service may provide victims of criminal offences with free legal information. Legal aid for victims in return for payment can only be provided by solicitors as per the law.

The injured party has the right to choose their representative for criminal proceedings – “representative of the injured”, who will then assert their rights and protect their interests in the name of the injured party.

Representative of the injured can be in principle any person whose legal competence has not been limited. It can be not only a solicitor, but also any relative or friend of the injured party. The representative is entitled to file motions, applications or remedial measures with the police or court on behalf of the injured party, they can also participate in all procedural acts, where the injured party is entitled to attend. In summary they have the same rights as the injured party but they cannot testify as a witness instead of the injured.

The code of criminal procedure does not specify any strict or overly specific rules as to the form the representative is to be chosen. It is possible to already do this at the moment when the injured party reports a criminal offence or anytime during the course of criminal proceedings. They will notify the respective police authority or specific court in writing that such and such person (including their address, date of birth, and possibly other details, required for their identification) will represent them going forwards in the criminal proceedings as their representative. Alternatively, they can go to the police or court with this person and notify the police officer or chairing judge or single judge about this fact and they will state it in the investigation file or trial records.

If the injured party chooses a solicitor as their representative, which is most suitable in many cases, they will be able to deal with all the formal requirements on their own; similarly to any other person at least partially versed in procedural aspects of criminal law. The injured party will enter into a written contract of representation and representation fee with the solicitor in advance. If the representative of the injured party has a legal standing of a general representative, they must act for free. The chairing judge can reject a general representative from court hearings.

Representative at trial cannot be the witness, expert or interpreter in the given case.

If there are costs associated with taking on the representative and  the injured party will prove that they have no means for their payment, the judge (or chairing judge at trial) can decide that the injured party is entitled to a free legal aid or reduced fee for the representative. A precondition to this is that the injured party will claim compensation (see below) and taking on a representative is meaningful in view of the nature and amount of damages. Vulnerable victims have the right for a free aid from the representative even without meeting the conditions stated above.

A justified application supported by evidence on the conditions of the injured party (e.g. their income) is filed through the public prosecutor in such case. If the injured party choses their representative, the court will deliver the documents to the representative and not the injured party (exception to this can be e.g. summoning the injured party as a witness).

Right to confidant’s company
Confidant can be anyone whom the injured party trusts, or whose presence during the examination they would perceive as support, e.g. someone from family, friends, colleagues or a person from an organisation providing assistance (meeting the condition of being legally competent). It is ideal when the person is at the same time their representative, who is entitled to exercise rights in the injured party name (see above).
The presence of persons during the examination or at another stage can be excluded by law enforcement authority only exceptionally, provided it could disrupt the course of the given act.

The injured party who acts as a witness in criminal proceedings has the right to request that they are reimbursed for the necessary expenses in relation to participation at the respective law enforcement authority.

This can involve the cost of travel but also meal allowance and lodging expenses, as regulated by special law. These expenses also include reimbursement of the loss of earnings. All these expenses are referred to as witness fee and they must be claimed with law enforcement authority, which carried out the examination within three calendar days after closing of examination at the latest. If witness fee is not claimed in this time limit with the respective authority, the entitlement expires.

An example can be e.g. witness who travelled to Prague by train to attend a trial from České Budějovice, who paid CZK 502 for a return ticket. In such case the witness will state at the closing of an examination upon a question by the court regarding the amount of claimed witness fee that he would like to have the train journey to court reimbursed in the amount of CZK 502 and they will produce a return ticket to the judge, who will make a copy of it, and return the ticket to the witness as this is a return ticket and the witness will still need it for their return journey, and award a witness fee to the witness in the amount of CZK 502, to be collected by the witness at court cash office.

If the witness would like to have a reimbursement for a journey to court proceedings taken by their own vehicle, they must obtain a prior approval from the chairing judge.
Use of one’s personal vehicle therefore always needs to be discussed with the judge before the witness sets out on their journey using their personal vehicle. If the judge gives approval to using a personal vehicle, the witness will submit the certificate of roadworthiness (full version) to the judge, who will make a copy of it, and subsequently following the closing of trial the court will decide on the amount of witness fee awarded to the witness for the journey to court proceedings using a personal vehicle and the corresponding sum of money will be sent to the witness either via post or bank transfer.

In case that a specific property has been seized by law enforcement authorities which is no longer required for further criminal proceedings, this property will be returned to the person who handed it over or who it was taken away from.
If the right to such property is claimed by a different person from the one who handed it over or who it was taken away from, the property is returned by law enforcement authority in principle to such a person whose right to the property is undoubted.
Crime victim can apply for a return of  specific property by a written application submitted to the police authority.
As soon as the bodies responsible for criminal proceedings do not need the property in question for further criminal proceedings, it will be returned to the crime victim.

RIGHT TO COMPENSATION FOR DAMAGES
(SECTION 43, PARAGRAPH 3 OF THE CRIMINAL PROCEDURE CODE)

This right can be claimed in writing as well as orally on file with all law enforcement authorities (we recommend to claim it already during preliminary criminal proceedings with the police authority with the exact specification of the damage to be done later, specifically at court).  The injured party can express in it their request for compensation for incurred damages and propose that the court imposes a duty on the defendant to compensate for the damages.

This right can, however, be claimed at court trial before the evidence proceedings have started at the latest, usually immediately after the proceedings have been started and the charges read out. In the case of negotiating an agreement on guilt and punishment, it is necessary to use this right during the first proceeding.

The requested compensation needs to be specified in money and justified (it means that it is necessary to state an exact amount and the basis on which it is requested). You can apply for assistance with joining a claim for damage compensation at any advice bureau of Bílý kruh bezpečí in the Czech Republic free of charge.

If court does not decide on the claim during criminal proceedings, it can be subsequently applied for in civil proceedings (action for damages against the perpetrator).

What can be included in a claim for damages?

Act N.89 / 2012, Civil Code, which comes into force on 1st Jan.2014, regulates many claims in the field of damages in a new way.

I. In case of damage to property:

Compensation for physical damage that arose as a result of criminal offence (e.g. partially damaged, destroyed or stolen property)

Method of specifying the damage: on the basis of bills, invoices or a confirmation from the seller on the price of new goods. In case of used things the wear and tear as opposed to the purchase cost should be reflected in the amount of damages (e.g. in case of a stolen vehicle its value at the time of theft, in case of damage to the car the price of repair work). It is also possible to apply compensation for a price of a special endearment value.

II. In case of damage to health:

Financial compensation, countervailing fully the endured pain (reparation money) and further loss other than proprietary,

Compensation for the weakening of one’s social position, i.e. for permanent effects on health that have negative impact on one’s position and functioning in life and in society (e.g. carrying out existing occupation, further education, functioning in family, political, cultural and sports environments); if the amount of damage cannot be determined in this way, it will be set by the rules of fairness,

Compensation of expenses related to health care
It is necessary that bills for expenses related to treatment are carefully saved for this purpose (e.g. medical supplies, additional payment for medical spa treatment, commuting to a place where treatment is provided). It is also possible to request that advance payment is made.

Right to claim reimbursement for loss of earnings as a result of damage to health – This refers to a money income (recurring monetary payment) in case that the injured party achieves lower income than they had prior to the committed criminal offence as a result of the criminal offence (e.g. as a consequence of  necessity to change occupation or employee rating).

The amount of this damage can be calculated as the difference between the average income before the committed criminal offence and the average income after the committed criminal offence. In case that the injured party is unfit for work, this refers to compensating for the difference between average income before criminal offence and sickness benefits. In case that the injured party is partially or fully disabled as a result of a criminal offence, this would refer to the difference between their original income and disability pension.
The documents required to make a calculation of an average income of the injured party or a deceased person for the purposes of damages compensation are specified in the labour code (Section 351 and following Act N.262 / 2006 Coll.), the documents should be provided by wage department. If the persons were self-employed, the details will be based on income stated in the tax return.

III. In case of killing:

Right to redress the mental suffering caused to survivors through killing a next of kin by means of financial compensation
If it is not possible to set the amount of redress by a financial compensation fully countervailing their suffering, it will be determined by the rules of fairness.

Right to alimony to survivors, for whom the deceased person provided alimentation
This claim can be specified as the difference the average income of the deceased and pension scheme allowances provided for the alimentation of survivors (e.g. orphan’s or widow’s pension). It is also possible to provide a one-time payment as a surrender value.

Expenses related to the funeral of the injured party
They can be claimed in full extent by submitting an invoice for adequate costs of a funeral.

IV. In case of expenses spent on asserting a claim against the perpetrator (Section 154 of the Criminal Procedure Code)

If the injured party incurred costs during the criminal proceedings to assert their claim against the perpetrator, it is also possible to claim reimbursement of these expenses. This especially involves costs related to taking on a representative who is a solicitor. These expenses will be awarded, if the injured party succeeds at least partially with its claim to damages against the perpetrator in criminal proceedings.

This claim can be asserted in full amount by submitting an invoice for the payment of legal services made to the solicitor.
The court can also acknowledge those expenses of the injured party that they incurred personally in relation to participation in criminal proceedings. The right to be awarded this claim is not automatic, however – it depends on the consideration of the court based on specific circumstances of the case.

This damage will be carefully documented by the injured party as real costs connected to participation at court (e.g. loss of earnings, costs of travel to the court).

RIGHT TO CLAIM SECURING ONE’S CLAIM FOR DAMAGES (SECTION 47 CRIMINAL PROCEDURE CODE)

This right can be asserted by a written application or orally on file. The application should include the description of personal things and real property, which the injured party proposes to be secured provided they know that the perpetrator has such things outside of their place of residence.

• During preliminary criminal proceedings the injured party should assert a claim to this right with the public prosecutor (they can also assert the claim to this right for the benefit of the injured party from its own initiative, i.e. without the application).
• After the trial has been ordered, this right needs to be claimed at the respective court.

The purpose of this right is to secure the claim of the injured party in case of risk that the satisfaction of this claim will be obstructed.

It is possible to secure a claim by means of property of the accused person up to the estimated amount of the damages. Only such claim can be secured which can be claimed against the perpetrator under criminal proceedings.
The injured party is always notified in case their claim has been secured.

Victims of criminal offences who come from a country other than the Czech Republic enjoy the same rights in same extent as the victims of criminal offences with permanent residence reported on the territory of the Czech Republic.

A great help for these victims can be the right to act before the law enforcement authorities in their mother tongue, including the right to translation of basic documents issued within the framework of criminal proceedings.
If a foreigner falls victim to a criminal offence during their stay on the territory of the Czech Republic, they can be examined by police authority within preliminary proceedings, still before the criminal prosecution has been opened, in the form of “sole and exclusive opportunity to act” so that the examination of crime victims – foreigner does not have to be carried out during the court proceedings.
Such approach is applied by the law enforcement authorities especially when there is a threat that the evidence will be obstructed, destroyed or lost, or when the execution of evidence will not bear a delay in view of the purpose of criminal proceedings, alternatively when such act is involved which will not be possible to execute at court e.g. because the crime victim will leave for their home country.
The execution of examination in such case is done in the presence of a judge, who supervises the legality of such procedure.