Russian Federation

Criminal Procedural Code of the Russian Federation

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 6. Participants in the Criminal Court Proceedings on the Side of the
Prosecution

Article 42. The Victim

2. The victim shall have the right:
• 1) to know about the charge brought against the accused;
2) to furnish evidence;
3) to refuse to testify against himself, his/her spouse and the other close relatives, whose circle is delineated in Item 4 of Article 5 of the present Code. If the victim consents to bear evidence, he shall be warned that his testimony may be used as the proof in the criminal case, including even if he subsequently renounces this testimony;
4) to submit proof;
5) to enter petitions and to file recusations;
6) to give evidence in his native tongue or in the language, of which he has a good command;
7) to make use of an interpreter's services free of charge;
8) to have a representative;
9) to take part with the permission of the investigator or of the inquirer in the investigative actions, performed at his own petition or at the petition of his representative;
10) to get acquainted with the protocols on the investigative actions, carried out with his participation, and to submit comments on them;
11) to get acquainted with the decision on the appointment of a court examination and with the expert's conclusion in the cases, stipulated in the second part of Article 198 of the present Code;
12) after the preliminary investigation is completed, to get acquainted with all materials of the criminal case, to write out of the criminal case any information and in any volume, and to make copies of the criminal case materials, including with the use of technical devices. If several victims are participating in the criminal case, each of them shall have the right to get acquainted with those materials of the criminal case, which concern the harm done to the given victim;
13) to receive the copies of the decision on the institution of a criminal case, on recognizing him as a victim or on the refusal in this, on the termination of the criminal case, on the suspension of the proceedings on the criminal case, as well as the copies of the sentence of the court of the first instance and of the decisions of the courts of the appeals and of the cassation instances;
14) to participate in the judicial proceedings on the criminal case in the courts of the first, the second and the supervisory instances;
15) to take part in the judicial debates;
16) to support the prosecution;
17) to get acquainted with the protocol of the court session and to submit comments on it;
18) to lodge complaints against the actions (the lack of action) and decisions of the inquirer, the investigator, the prosecutor and the court;
19) to file appeals against the sentence, the ruling or the resolution of the court;
20) to know about the complaints and presentations, submitted on the criminal case, and to submit objections to them;
21) to plead the application of security measures in accordance with the third part of Article 11 of the present Code;
22) to exercise the other powers, stipulated by the present Code .

Keywords

Victims' rights - national proceedings



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