| Abstract [eng] |
The master‘s thesis analyzes the legal status of the victim and the civil plaintiff in criminal proceedings and prospects for improvement. The first part of the thesis analyzes the concept of the victim and the civil plaintiff, which is revealed through the definition of these two subjects, the emergence of their status, and the institute of representation. It has been established that, unlike the concept of a civil plaintiff, the concept of a victim is not defined in the Criminal Procedure Code of the Republic of Lithuania. Furthermore, the concept of the victim as a participant in the proceedings, as provided for in the Criminal Procedure Code of the Republic of Lithuania, is compared with the legal regulations of foreign countries (Latvia, Poland, Germany). The second part discusses the rights of the victim and the civil plaintiff by conducting a systematic analysis of the Criminal Procedure Code of the Republic of Lithuania. The primary focus is on analyzing the improper use of the term “victim“ and the rights associated with it, thereby revealing rights that pertain not only to an individual victim but also to a legal entity victim. This part indicated where it is more appropriate to use the term “victim” rather than “injured part”, thereby ensuring the equality of natural and legal persons as victims. Furthermore, as in the first part, the rights of the victim and the civil plaintiff are compared with the legal regulations of the aforementioned foreign countries. The third part analyzes the obligations and responsibilities of the victim and the civil plaintiff. The primary focus is on the obligation related to the giving of testimony, as well as the resulting responsibility related to false testimony. It has been established that in cases where a natural person is the victim of a criminal offense, their obligations are linked to the pre-trial investigation and the court proceedings, however, a legal entity that is the victim, upon acquiring the status of the civil plaintiff, has no obligations in the pre-trial investigation. |
