Procedural opportunities of the victim in criminal court proceedings

Abstract

The article examines the procedural opportunities available to victims in criminal trial proceedings as an essential component of their procedural status and an important mechanism for ensuring access to justice and the protection of legitimate interests. The study analyzes the provisions of the Criminal Procedure Code of Ukraine governing the exercise of victims’ rights during trial proceedings and evaluates their role in the implementation of the objectives of criminal justice. Particular attention is devoted to the victim’s participation in evidentiary proceedings, examination before the court, the exercise of procedural rights within the adversarial framework of criminal proceedings, and participation in procedural decision-making. The research is based on doctrinal, comparative legal, formal legal, and system-structural methods. A comparative analysis of victim participation models in selected continental European and common law jurisdictions, including France, Germany, the United Kingdom, and the United States, is conducted. The findings demonstrate a general international tendency toward strengthening the procedural role of victims and expanding opportunities for meaningful participation in criminal proceedings. It is established that the decisive criterion distinguishing contemporary models of victim participation is the extent to which victims are capable of influencing evidentiary proceedings and procedural decision-making during trial. The study identifies a number of shortcomings in the current regulation of victims’ participation in Ukrainian criminal proceedings. In particular, the existing legal framework does not sufficiently regulate the procedure for examining victims during trial and provides only limited opportunities for victims to participate in proceedings concerning the imposition, modification, or revocation of preventive measures. It is argued that effective protection of victims’ rights requires not only formal recognition of procedural guarantees but also the creation of practical mechanisms ensuring their implementation. The article substantiates the necessity of improving the Criminal Procedure Code of Ukraine by establishing a clearer procedure for victim examination, introducing elements of direct and cross-examination, expanding the procedural opportunities of victims’ representatives, and strengthening guarantees for victim participation in decisions concerning preventive measures. It is concluded that the implementation of these proposals would contribute to enhancing the protection of victims’ rights, strengthening the principles of adversarial proceedings and procedural fairness, ensuring compliance with European standards of victim protection, and improving the overall effectiveness of criminal justice.