Issue 4 (2016)

RIGHTS OF A VICTIM IN CRIMINAL PROCEEDINGS ACCORDING TO THE GEORGIAN LEGISLATION

Authors:

Abstract: The analysis shows, that the role of the victim in the criminal proceedings is an issue of disputes. The practice is not similar, and every issue cannot be settled. Despite this, it is possible to find the balanced solution of the question; Victim’s rights can be protected well, without harming the interests of the accused. The recommendations for the amendment of the legislation can be defined in this way: The victim should be able to present in the evidence in the process. The victim should be given the right to appeal the decision made by the prosecutor, about not starting the criminal proceedings. The victim should be given the opportunity to appeal any kind of decision made by the investigator/prosecutor, in the process that is assessed as unfair, when there exists an objective doubt, that the decision violates his/her rights. The victim should be given the opportunity to appeal the plea-bargaining decision. Despite everything mentioned above, the victim should not be given the right to be in the role of the subsidiary prosecutor; The regulation, that changed this approach in Georgian legislation, should be considered as a success.

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