1 . Who is considered victims?
direct victim is a person who has suffered damage or consequence of a crime. They are also considered victims, albeit indirectly: the spouse or person with whom he married life for over two years, child or adoptive parent, relatives within the fourth degree of consanguinity or second degree, and the heir, in the crimes which resulted the disability or death of the victim, and in any case, when the offense is committed against an incompetent or a minor. (Art. 119 of the COPP).
regard to crimes affecting a legal person (such as corporations, partnerships and companies) , suffer the partners, shareholders or members.
2. What are the rights of victims of a crime?
2. What are the rights of victims of a crime?
The COPP allows victims to participate in criminal proceedings, following, in any case, the rules provided for it. Consequently, they were granted, inter alia, the following rights (Art. 120 COPP): " (...) Submit complaint (...) To be informed of the outcome of the process. (...) To request protective measures against probable attacks against him or his family. (...) To adhere to the prosecution's case or make an own private prosecution against the accused in the crimes of public action, or a private prosecution for crimes parte dependent. (...) Exercise civil actions in order to establish civil liability from the offense, and thus obtain compensation for damages and losses caused. (...) To be heard by the court before deciding. (...) Challenge judicial decisions. "
3. I was a victim of a crime Which I can do?
State institutions at the service of citizens, can not help until you are aware of what happened. So the first thing is to inform the authorities of the fact that constitutes the offense. The complaint is the primary way to notify the authorities, either verbal or written, and may be filed with the Public Prosecutor's offices, security bodies, Ombudsmen and other institutions under the law, who are obliged to take care not to incur officials disciplinary or even criminal liability. Use the emergency phone number in case of emergency.
4. What is the role of victim in the process?
4. What is the role of victim in the process?
As the victim the person directly injured by the crime, usually the main source of information regarding the circumstances of the event. In this sense, and whenever there is a possibility, it is important that the victim cooperate with prosecutors and law enforcement agencies as investigative phase passes, providing true data serve to clarify the facts.
other hand, the victim may act directly in the criminal proceeding, according to the contents of the answer to question No. 2. That is, can appoint an attorney to represent their interests, present self-accusation, promote testing, among other actions.
5. Can you protect the state if my life is in danger?
SI. Articles 118 and 120 of the COPP determine the protection of victims as one of the objectives of the criminal proceedings. The criminal courts have jurisdiction to issue the necessary measures to prevent or stop any fact that means a serious risk to the victim. The "Law on the Protection of Victims, witnesses and other procedural subjects" adopted in 2006, establishes the provisions to protect the rights and interests of victims.
6. What about damages caused by the offender during the commission of crime?
The victim may bring actions for civil liability claim from the crime. The repair of damages and compensation for damage caused can be requested before the same court which delivered the sentence. In must be conviction and failure is a final. To result from the claim, the court shall order the restitution or adequate compensation
Abg. Joseph F. Monaza M.
@ jmonaza
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