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.
Appearance of victims - national proceedings
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