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.