Summary

A victim plays an important role in criminal proceedings, expressed in a variety of ways. Firstly, a victim is crucial in clarifying the elements of an object of proof whose procedural nature is not different from the status of a witness. In addition, a victim is granted specific procedure shaping rights. Such rights can be expected to derive from a common basis and understanding as regards to the question whether a victim’s rights are protected in criminal proceedings and, if yes, which rights.

In order to understand a victim’s status in criminal proceedings, the authors contemplate whether a victim’s right to demand that criminal proceedings are initiated against a person that caused harm to them by committing a crime or that such a person is punished can be translated into a (fundamental) right and, if yes, into which right. Then, issues related to the status of a victim in criminal proceedings are addressed. The definition of a victim is given as well as the broadening of this definition in the Supreme Court case law, also the definition of a victim in the draft act currently processed by the Riigikogu is provided, and issues related to the legal succession, active legal capacity and representation of a victim are touched upon. A separate analysis of an issue regarding persons that can be treated as victims in charge proceedings is given.