of June 29, 2010 No. 17
About practice of application by courts of the regulations regulating participation of the victim in criminal trial
Strict observance of the regulations regulating participation of the victim in criminal trial serves as the important sales warranty as person, the victim of crime, the constitutional right on access to justice, judicial protection and compensation of the damage caused to it. The rights of the victims from crimes and abuses of the power are protected by the law (article 52 of the Constitution of the Russian Federation).
According to the Universal Declaration of Human Rights of December 10, 1948, the Declaration of the basic principles of justice for the victims of crimes and abuses of the power (adopted by the General Assembly resolution of November 29, 1985 40/34) and also according to the Recommendation of Committee of ministers of the Council of Europe "About the victim's provision within the criminal law and process" of June 28, 1985 No. R (85) protection of legitimate interests of the victim, respect of its advantage, increase in trust of the victim to criminal justice shall be the 11th important function of criminal justice.
For the purpose of ensuring the correct and uniform application by courts of the regulations of the criminal procedure legislation regulating participation of the victim in criminal trial, providing its rights and legitimate interests the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides to make to courts the following explanations:
1. Draw the attention of courts that owing to Item 1 of part 1 of article 6 Code of Criminal Procedure of the Russian Federation criminal trial has the appointment protection of the rights and legitimate interests of persons and the organizations which were injured from crimes.
Obligation of the state is not only prevention and suppression in the procedure for the encroachments established by the law capable to do harm and moral sufferings of the personality, but also providing injured from crime of opportunity to assert the rights and legitimate interests by any methods which are not prohibited by the law.
2. According to the law the victim, being physical person to which the crime does physical, property or moral harm, or the legal entity in case of causing by crime of harm to its property and goodwill, has in criminal procedure own interests for which protection he as the participant of criminal trial from accusation is given rights of the Party.
Person which was injured from crime is recognized to the victims irrespective of his nationality, age, physical or mental condition and other data on his personality and also irrespective of whether all persons involved in crime execution are identified.
Courts should mean that harm to the victim can be done by both crime, and the act prohibited by the penal statute which is commited by person in diminished responsibility condition.
If the committed crime was unfinished (preparation for heavy or especially serious crime or attempted crime), the court in case of the solution of question of recognition of person by the victim should determine in what the harm done to it was expressed. At the same time the possibility of causing to such person of moral harm in cases when the unfinished crime was directed against the particular person is not excluded.
3. Owing to part 1 of article 42 Code of Criminal Procedure of the Russian Federation person to whom the crime does harm acquires the rights provided by the criminal procedure law and obligations from the moment of removal by the investigator, investigator, head of investigating body or court of the resolution on recognition by his victim.
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