GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 7. PARTY OF PROSECUTION

Article 58. The Injured

1. The person is recognized as the injured, in respect to whom bases are available to suppose, that a moral, physical or proprietary damage has been caused to him/her directly by a deed forbidden by Criminal Code. A person also is recognized as aggrieved, to whom moral or physical damage might be directly caused, if the deed, forbidden by the Criminal Code would have been finished.

2. The decision on recognition as an injured is passed by the body of inquiry, the investigator, the prosecutor or by the court.

Article 59. The Rights and Obligations of the Injured

1. The injured has the right, in the manner prescribed by this Code:
1) to know the essence of the indictment;
2) to give evidences;
3) to give explanations;
4) to present materials for the inclusion into the criminal case and examination;
5) to declare challenges;
6) to declare motions;
7) to object against the actions of the bodies of criminal prosecution and to demand on inclusion of his/her objections into the protocol of the investigatory or other procedure action;
8) to get acquainted with the protocols of the investigatory and other procedure actions, in which he/she participated, and to submits remarks on the correctness and fullness of the records in the protocol; to demand, during the participation in investigatory or other procedure action, the inclusion into the protocol of the mentioned action or the court session the records on the circumstances, which, upon his/her opinion, have to be mentioned; to get acquainted with the protocol of the court session and to bring remarks on it;
9) to get acquainted with all materials of the case, from the moment of accomplishment of the preliminary investigation, make copies from them and to write out from the case any data in any volume;
10) to participate in the sessions of the court of first instance and review court;
11) to receive upon his/her request, free of charge copies of the decisions on the abatement of criminal proceedings, on inclusion into case as an accused, the copy of the indictment or final act, and also the copy of verdict or other final decision of the court;
12) appeals the actions and decisions of the body of inquiry, the investigator, prosecutor, the court, including the appeal of the verdict and other final court decision, as established in this Code;
13) reconciles with the suspect and the accused in cases, prescribed by this Code;
14) objects to the appeals of other participants of the trial regarding the verdict or other final court decision;
15) receives the compensation, stipulated by law, of the damage caused by unlawful actions;
16) receives the compensation of expenses incurred during the criminal proceedings back the property, seized by the body, conducting criminal proceedings as a material evidence or on other bases, the originals of the documents, belonging to him/her; receives back the property belonging to him/her seized from the person, conducted a deed forbidden by the criminal law;
17) get back the property, seized by the body, conducting criminal proceedings as a material evidence or on other bases, the originals of the documents, belonging to him/her;
18) to have a representative and to terminate the powers of representative.

2. The injured has the following obligations:
1) arrives upon the call of the body, conducting criminal proceedings;
2) gives evidences upon the demand of the body, conducting criminal proceedings;
3) presents the items, documents and also samples under his/her discretion for the comparative study upon the demand of the body, conducting criminal proceedings;
4) to be subjected to examination upon demand of the body, conducting criminal proceedings on the crime supposedly committed with respect to him/her;
5) to be subjected, upon the demand of the body conducting criminal proceedings, to the medical investigation in order to check the ability to perceive and to reproduce correctly the circumstances, subject to discovery in criminal case, if forcible arguments are available to suspect the lack of such abilities;
6) obeys the legitimate instructions of the prosecutor, the investigator, the body of inquiry, obeys the legitimate instructions of the presiding person;
7) observes the order at the court session.

3. The injured has also other rights and bears other obligations, prescribed by this Code.

4. The aggrieved enjoys the rights belonging to him/her and executes the obligations imposed on him/her personally or, if it is corresponding to the nature of respective rights and obligations, through a representative. The rights of the juvenile or incapable aggrieved are exercised instead of them, by their legitimate representative, in the manner, prescribed by this Code.

5. A legal entity, to which moral or material damage was caused by the crime, can be recognized as the inured party. In this case the rights and obligations of the of the aggrieved party are exercised by the representative of the legal entity.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 9. REPRESENTATIVES AND SUCCESSORS

Article 79. The Rights and Obligations of the Representatives of the Injured, Civil Plaintiff, Civil Defendant

1. The representative of the injured, civil plaintiff, civil defendant executes the powers thereof, during the proceedings of the criminal case, with the exception of the rights, inseparable from their person. The representative of the civil plaintiff, civil defendant has the following rights for the protection of the interests of the principal in the manner, prescribed by this Code:
1) to know the essence of the charges;
2) to participate in the investigatory and other procedure actions conducted by the body of criminal prosecution upon the suggestion of the named body; to participate in investigatory and other procedure actions, conducted with the participation of the principal;
3) to give explanations;
4) to present materials for the inclusion in the criminal case and examination;
5) declare challenges;
6) declare motions;
7) to object against the actions of the bodies of criminal prosecution and to demand on inclusion of his/her objections into the protocol of investigatory or other procedure actions;
8) to acquaint himself/herself with the protocols of investigatory and other procedure actions, in which he/she or the trial participant, whom he/she is representing, was present or participated; to issue remarks with respect to the correctness and fullness of the records in the protocol of the investigatory action or other procedure actions; to demand, during the participation in investigatory and other procedure actions, and also in the court session the inclusion into the protocol of the mentioned actions or the court session the records on the circumstances, which, to his/her opinion had to be mentioned; to acquaint himself/herself with the protocol of court session and to bring remarks on it;
9) to receive the copy of the indictment;
10) to acquaint himself/herself, from the moment of completion of preliminary investigation, with the materials of the case, make copies and to take notes on any data from the case in any volume;
11) to participate in the court session of the court of first instance and the appellate court; to make a speech and a remark;
12) to submit appeals on the actions and decisions of the body of inquiry, the investigator, the prosecutor, the court, including the appeal of the court verdict and other final decision of the court;
13) to recall any appeal submitted by him/her upon consent of the principal;
14) to make objections to the appeals of other participants of the trial, in the part, related to the interests of the principal, communicated to him/her by the body, conducting the criminal trial or known to him/her following other circumstances;
15) to express at the court session opinion regarding the motions an proposals of other participants of the trial, and also on other issues, resolved by court;
16) to protest against unlawful actions of other party;
17) to object against the actions of the presiding person;
18) to invite another representative for principal, upon his/her consent, and to transfer the powers of representation.

2. The representative of the injured party, the civil plaintiff, the civil defendant, in the cases, if that is specially indicated in the authority, issued to him/her, and also the head of the respective legal entity, representing the interests of the civil plaintiff or civil defendant upon position, acting within the limits of his/her competence, has a right to the following, on behalf of his/her principal, in the manner, prescribed by this Code:
1) to recall the appeal on the deed, forbidden by the criminal law, committed with respect of his/her principal;
2) to get reconciliation with the suspect, accused;
3) to refuse from the civil claim, instituted by his/her principal;
4) to recognize the civil claim imposed [prosecuted] to his/her principal;
5) to receive the property, adjudicated to his/her representative.

3. The representative of the injured, the civil plaintiff, the civil defendant has also a right in the manner, prescribed by this Code to receive free of charge, upon his/her request, the copies of the decisions, which the person represented by him/her has the right to receive pursuant to this Code.

4. The representative of the injured, civil plaintiff, civil defendant is not entitled to conduct any actions against the interests of the principal.

5. The representative of the injured, civil plaintiff, civil defendant has the following obligations:
1) to follow the instructions of his/her principal;
2) to present to the body, conducting the criminal trial, documents, confirming his/her powers of a representative;
3) to arrive upon the summon of the body, conducting the criminal trial, for the protection of the interests of the person, represented by him/her;
4) to submit the items and documents, under his/her discretion upon the demand of the body, conducing the criminal trial;
5) to obey the lawful instructions of the prosecutor, investigator, the body of inquiry; to obey the lawful instructions of the presiding person;
6) to keep order at the court session.

6. The representative of the injured, the civil plaintiff, the civil defendant has also other rights and bears other responsibilities, prescribed by this Code.

Article 68
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.