The Procedural Basis of Recognition as a Victim
The procedural protection of a victim of a sexual crime begins at the moment the person is recognized as a victim. Under the Criminal Procedure Code, the victim is granted all the rights of a witness and bears all their duties, while a legal entity participates through a representative. In cases of preparation or attempt of a crime, the victim is the person to whom harm could have come. The prosecutor issues a decree on recognition as a victim on their own initiative or upon the person's application.
If the prosecutor does not satisfy the application within 48 hours of its submission, the person may once apply to a superior prosecutor, and if the complaint is not satisfied — appeal the decision to the district (city) court, where the judge issues a ruling on the matter within 15 days. The decree on recognition is communicated to the victim, and all rights and the procedures for exercising them are explained, which is recorded in a protocol signed by the victim.
The Victim's Rights at the Investigation Stage
The fifty-seventh article gives the victim a broad list of rights: to know the essence of the accusation; to receive information about procedural actions; to give testimony in court on the harm suffered; to receive compensation; to receive free of charge copies of decrees, judgments and other concluding decisions; to have expenses reimbursed; to recover property temporarily seized; and to request special protection measures where a threat looms over the life, health or property of the victim or their family member.
At the investigation stage the victim may receive information on the course of the investigation and examine the case materials unless this contradicts the interests of the investigation; on request — receive information on the preventive measure applied to the accused and on the accused's leaving the penitentiary establishment; examine the materials no later than 10 days before the preliminary hearing; and apply to the prosecution with a motion for the partial or full closure of the court session. On refusal, the prosecutor issues a substantiated decree which may be appealed once to a superior prosecutor.
The Witness and Victim Coordinator
In sensitive cases an important role belongs to the witness and victim coordinator. The coordinator may be involved in the case by a decision of the prosecutor or the investigator, and their purpose is to simplify participation in the proceedings, reduce stress, prevent repeated and secondary victimization and ensure informedness. The coordinator supplies information on the course of the investigation and the court hearing, explains rights in understandable language, attends investigative and procedural actions for emotional support and often assists in connecting the victim with needed services.
The coordinator, however, has no right to interfere in the process of obtaining evidence or to question the victim during an action, and must not publicize circumstances of the case known to them. The victim in turn may refuse cooperation with the coordinator — this mechanism means assistance, not compulsion.
Rights in a Plea Agreement
Before concluding a plea agreement, the prosecutor must consult the victim and notify them of the conclusion of the agreement, about which a protocol is drawn up. On the court's approval of the agreement, the victim has the right to provide the judge, orally or in writing, information about the harm suffered. The victim has no right to appeal the plea agreement, but the agreement does not deprive the victim of the right to bring a civil action — the claim for compensation of harm remains in the civil regime, so the victim's representative continues to work even after the criminal case is closed by an agreement.
Frequently Asked Questions
How does the prosecutor recognize a person as a victim?
By a decree, on their own initiative or upon the person's application; the application must be satisfied within 48 hours, otherwise the person applies to a superior prosecutor and then to the court.
What information can the victim receive?
The essence of the accusation, information on procedural actions, the course of the investigation and the case materials — unless this contradicts the investigation's interests; also information on the accused's preventive measure.
What is the coordinator's role?
Simplifying participation, reducing stress and preventing secondary victimization; the coordinator attends actions for support but does not interfere in obtaining evidence.
Can the victim appeal a plea agreement?
No — the plea agreement gives the victim no right of appeal, but it does not take away the right to bring a civil action.
How We Help on Legal.ge
Representing a victim of sexual crime requires knowledge of both procedural rights and sensitive communication. On Legal.ge we help with the recognition procedure, the exercise of rights at every stage of the investigation, and the protection of interests during a plea agreement. Contact us — we will defend your rights with respect, thoroughness and at every procedural stage.