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 78. Representatives of the Injured, Civil Plaintiff, Civil Defendant

1. Representatives of the injured, civil plaintiff, civil defendant are the persons, authorized by the mentioned participants of the trial to represent their interests at the proceedings of the criminal case.

2. The lawyers and other persons, who have authorization issued by the respective participant of the trial may participate in the criminal proceedings in the capacity of the representatives of the injured, civil plaintiff, civil defendant. The head of the respective legal entity, upon the submission of the certificate, may be admitted in the capacity of the representative of legal entity, participating in the criminal proceedings in the capacity of civil plaintiff or civil defendant.

3. In the case, when after the recognition of the person as a representative of the injured, civil plaintiff, civil defendant, it will be revealed the absence of the grounds for the person to be in the capacity of the representative, the body, conducting the criminal trial, terminates, upon its substantiated decision, the participation of the person in the trial in the capacity of representative. The participation of the representative in the proceedings of the criminal case is terminated also in the cases, if their powers are terminated by the injured, civil plaintiff, civil defendant respectively, or the representative, not being an lawyer, appointed in that capacity refused from the further participation in the proceedings of the criminal case.

4. The injured, civil plaintiff, civil defendant may have several representatives, however, the body, conducting the criminal trial, is entitled to limit the number of the representatives, participating in the implementation of the investigatory or other procedure action, and also at the court session, only to one person at a time.

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.

SPECIAL PART

SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT

CHAPTER 41. GENERAL CONDITIONS OF COURT TRIAL

Article 307. Participation of the injured person in court trial and consequences of his failure to attend the session

Taking part in the court trial, the injured person enjoys the rights specified in this Code. In case of the injured person's failure to attend the session, after hearing the opinions of
the parties, the court resolves in the absence of the injured, whether it is possible to adopt a complete, comprehensive, objective, grounded verdict.
In case of failure to attend the session without good motives, the court is entitled to bring him in forcefully, if according to the court, his presence is necessary.

SPECIAL PART

SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT

CHAPTER 43. TRIAL

Article 343. Interrogation of the injured person
The injured person is interrogated in accordance with rules specified in Articles 339-342.