General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 12. Guarantee of the human and civil rights and liberties established by the Constitution

12.2. The victim of a criminal act shall have the right to demand criminal prosecution, to take part in it as a victim or as a victim bringing a private prosecution and to obtain compensation for non-material, physical and material damage as required by this Code.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.1. During the criminal prosecution the preliminary investigator, investigator, prosecutor and court shall take measures to guarantee the right of the victim, the suspect and the accused to proper legal aid.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.2. During the criminal proceedings the prosecuting authority shall secure the right of the victim (victim bringing a private prosecution), the civil party or his legal representative, the legal representative of the suspect or accused and the defendant to the civil claim to use the legal aid of the representatives invited by them.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.3. During the questioning of the victim or witnesses, the prosecuting authority may not prevent the lawyer invited by them as their representative from accompanying them.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter VIII
The prosecution

Article 87. The victim

87.6. The victim shall have the following rights in accordance with this Code :

87.6.1. to know the nature of the charge ;
87.6.2. to give statements ;
87.6.3. to make submissions ;
87.6.4. to present evidence to add to the case file for examination in court ;
87.6.5. to raise objections ;
87.6.6. to submit applications ;
87.6.7. at any time before the beginning of the court hearings, to ask to be recognised as a victim bringing a private prosecution ;
87.6.8. to raise objections to the acts of the prosecuting authorities and to ask that these objections be noted in the records of the investigation and of other procedures ;
87.6.9. to take cognisance of the records of the investigation or other procedures in which he takes part, to make observations on the accuracy and completeness of the written record ; while taking part in the investigation and other procedures as well as in the court hearing, to ask that the requisite facts be properly recorded ; and to take cognisance of the record of the hearing and add observations to it ;
87.6.10. from the time of the end of the investigation, including the time of the discontinuation of the criminal proceedings, to acquaint himself with the case file and to make copies of the necessary documents relating to it ;
87.6.11. to take part in the hearings of courts of first instance and appeal and in the examination of the case file ;
87.6.12. to speak and reply at the hearings of first instance and appeal courts if his representative is not present ;
87.6.13. to be informed of the decisions taken by the prosecuting authority which affect his rights and legal interests and on request, to receive copies of these decisions; to receive copies of the decisions on discontinuing the proceedings, charging of the accused and waiving of the criminal prosecution, the indictment, the judgment and court decisions ;
87.6.14. to appeal to the court of appeal or the Supreme Court against the decisions and acts of the preliminary investigator, investigator, prosecutor or court, including the judgment and other decisions of the court ;
87.6.15. to become reconciled with the accused while conducting a private prosecution ;
87.6.16. to raise objections about circumstances known to him from the information provided by the prosecuting authority or the complaints of parties to the criminal proceedings ;
87.6.17. to take part in Supreme Court hearings on appeal, on additional appeal or on the basis of newly discovered facts further to a complaint of his own, or if he has an objection to a complaint by another party to the criminal case ;
87.6.18. to receive compensation from the state as determined by law for prejudice suffered as a result of the act provided for in criminal law ;
87.6.19. to be reimbursed for the costs incurred during the proceedings and receive compensation for damage caused by illegal acts of the prosecuting authority ;
87.6.20. to recover property and originals of official documents belonging to him taken as material evidence or on other grounds by the prosecuting authority; to recover property from the person who committed the criminal offence ;
87.6.21. to appoint and dismiss a representative ;
87.6.22. to withdraw any complaint lodged by him or his representative, including a complaint concerning the commission of criminal acts against him ;
87.6.23. to exercise the other rights provided for in 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.