Some Comments on the Status of the Victim in Accordance With the Czechoslovak Penal Code and Code of Penal Procedure (From Changing Victim Policy: The United Nations Victim Declaration and Recent Developments in Europe: Report on Expert Group Meeting, 1988, Helsinki, P 93-109, 1989 -- See NCJ 122412

• NCJ Number: 122416
• Author(s): R Fico
• Date Published: 1989
• Length: 17 pages
• Sale Source: United Nations European Institute for Crime Prevention and Control (HEUNI)
• Publication Type: Survey (Cross-Cultural)
• Language: English
• Country: Finland

Annotation

The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power opens up further possibilities for the harmonization of international law and existing legal provisions in Czechoslovakia, which is currently preparing a new penal code and code of penal procedure.

Abstract

This legislation should further enhance the rights of victims, who currently can have an active part in criminal proceedings. In fact, the victim of crime often presents civil claims in the course of criminal proceedings, and the criminal court must accept such claims under the "adhesive process." Nevertheless, a crime victim who has suffered only moral damage cannot receive any restitution from the offender or compensation from the government. A similar situation can arise in some cases of property damages. Issues being considered include the establishment of victim compensation funds, the use of private prosecution, and problems related to victim precipitation of a crime.