If you are recognized as a victim within the criminal proceeding, you have the right to participate in that criminal proceedings. You can exercise these rights yourself or through a representative.

Your rights

With the official status of a victim, you or your representative have the right to:

  • participate in the court hearings
  • participate in the examination of the evidence and submit evidence 
  • file complaints and submissions
  • express your opinion at all stages of criminal proceedings
  • receive the judgment and the protocols from the hearings
  • appeal the judgment

Representative

Your representative in criminal proceedings can be any person who you authorise to represent you and to make sure your rights in the proceedings are observed. This person does not have to be a lawyer.

important If you are a minor you will need a legal representative to participate in criminal proceedings. If you don’t have a representative or your representative cannot help you to fully participate in the proceedings, the court may grant you a lawyer to represent you during the proceedings. 

If you are a minor, your representative may be:

  • your parents or other person who is your legal guardian
  • an attorney at law appointed by the judge or the pre-trial judge as a special guardian for exercising the rights of the victim within the criminal proceeding
  • a non-governmental organization specializing in the protection of victims

If a court has established legal guardianship for you due to a mental disability or for other reasons, these persons or the legal guardian can also represent you in the criminal proceedings.

Resources

Last updated 19/11/2020