Article

Victim Rights in Civil Law Jurisdictions

Johanna Göhler

in The Oxford Handbook of Criminal Process

Published in print April 2019 | ISBN: 9780190659837
Published online February 2019 | e-ISBN: 9780190659875 | DOI: https://dx.doi.org/10.1093/oxfordhb/9780190659837.013.15

Series: Oxford Handbooks

Victim Rights in Civil Law Jurisdictions

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This chapter discusses the issue of victim rights in criminal justice processes in civil law jurisdictions, using supranationally applicable European Union law on victim rights as well as examples from domestic jurisdictions. It first considers the right of a victim to be informed about all rights and services in the context of a crime and how he/she can realize these rights before analyzing the obligation of states to protect the victim’s interests in privacy, bodily integrity, life, liberty, and security. It then explains procedural rights allowing the victim to actively participate and influence decision-making in criminal proceedings, the normative and theoretical foundation of a victim’s right to criminal prosecution and punishment, and a victim’s right to a review of a decision not to prosecute. It also examines how the victim’s role in criminal proceedings is conceived, and concludes with an overview of the concept of parallel justice for victims.

Keywords: victim rights; criminal justice; civil law jurisdictions; European Union law; procedural rights; criminal proceedings; criminal prosecution; punishment; parallel justice; victims

Article.  10906 words. 

Subjects: Criminal Law

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