Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 5
Victim, Civil Defendant and Third Party

§ 38. Rights and obligations of victims

(1) A victim has the right to :

1) contest a refusal to commence or termination of criminal proceedings pursuant to the procedure provided for in §§ 207 and 208 of this Code ;
2) file a civil action through an investigative body or the Prosecutor's Office not later than by the date provided for in subsection 225 (1) of this Code ;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
3) give or refuse to give testimony on the bases provided for in §§ 71-73 of this Code ;
4) submit evidence ;
5) submit requests and complaints ;
6) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts, whereas such statements are recorded in the minutes ;
7) examine the materials of the criminal file pursuant to the procedure provided for in § 224 of this Code ;
8) participate in the court hearing ;
9) give consent to the application of settlement proceedings or to refuse to give such consent, to present an opinion concerning the charges and punishment and the damage set out in the charges and the civil action ;
10) give consent to the application of temporary restraining order and request application of restraining order pursuant to the procedure provided for in § 3101 of this Code.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

(2) A victim is required to :

1) appear when summoned by an investigative body, Prosecutor's Office or court ;
2) participate in procedural acts and obey the orders of investigative bodies, Prosecutors' Offices and courts.

Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.