NCJ Number
224467
Journal
European Journal on Criminal Policy and Research Volume: 14 Issue: 2-3 Dated: August 2008 Pages: 249-261
Date Published
August 2008
Length
13 pages
Annotation
In consideration of a different aspect within the criminal proceedings in Europe, namely the standpoint of the victim, data are presented to chart victims’ options within the criminal proceedings.
Abstract
Victims’ rights vary significantly across Europe but there are fairly strong informational rights to see evidence and to participate in proceedings more actively in some jurisdictions. Victims further have the possibility to assume a special status either as an additional prosecutor or as a private one. Private prosecutions are rare across Europe however. It is concluded from this study that the rights for victims during a full trial are often lost when alternative procedures, such as mediation or restitution are used. The increased use of prosecutorial discretion and alternative procedural routes are seen to be at the victim’s cost when those rights are regarded as beneficial to victims. It has also been demonstrated that European Public Prosecution Services (PPSs) are expected to play many different roles and that they are a key institution in providing relief of many sorts. PPS is certainly a key player in providing information and other services to victims. This article provides a brief overview of the ways in which prosecutors must engage with victims in the course of their work in criminal proceedings and what formal roles victims can assume in criminal proceedings. In addition, an analysis provides what it means to be an additional prosecutor or a private prosecutor in several European criminal justice systems, as well as an additional analysis of the effects of these rights and use of prosecutorial discretion on victims is provided. References