| Abstract [eng] |
The topic of the victim's testimony is analyzed in this master's thesis, examining the legal regulation, the thoughts and conclusions presented by legal scholars, and the conclusions presented in the practice of national courts. The analysis begins with a presentation of the concepts of victim and victim testimony, and a comparison of the concept of victim with that of the injured party. The second part of the work focuses on the legal regulation of the victim's testimony. The legal regulation of the following procedural actions is analyzed: interrogation, confrontation, testimony to identify, on-the-spot testimony, experiment. The regulation of the recording of victims' testimonies is discussed, in particular the importance of protocols and video and audio recordings in criminal proceedings. The third part of the work deals with the specifics of the assessment of the victim's testimony. The case law of the national courts addresses issues related to the recording, evaluation, or verification of the victim's testimony in cases of crimes against the freedom and integrity of the human person and in violent crimes. It is concluded that, in these cases, this evidence is of great importance and can often be the main evidence on which the allegation is based. These testimonials must be verified by an expert or specialist who determines whether there has been sexual intercourse and whether any physical injury has occurred. Special attention is also paid to the case law related to the specifics of the testimony of juvenile victims. An analysis of the case-law suggests that the testimony of juvenile victims is subject to slightly more liberal assessment criteria, depending on the victim's age and physical or mental maturity. |
