(under §49, Sect. 1 of the Code of Criminal Procedures)
A victim is defined as a person who has suffered health, property-related, moral or other damage by virtue of a crime, or whose rights and freedoms guaranteed by the law were jeopardized or violated.
A victim has the position of a party in criminal proceedings. The victim can be represented by another person with power of attorney in the proceedings. Such an appointed person can be a representative of an organization assisting victims of crime. A victim who claims damages and shows insufficient funds to cover the costs related to this procedure has the right to an attorney, if it is deemed necessary for protecting his/her rights. Such an attorney has the same position as the appointed person. The appointed person is eligible to file motions and request remedial actions on behal f of the victim; s/he is also authorized to participate in all actions in which the victim can participate.
A victim has the following rights in criminal proceedings
- In the cases mentioned in the Law 301/2005 Coll. Code of Criminal Procedures, to make a statement if s/he agrees with the criminal proceedings;
- To claim damages; to suggest that the court imposes in the sentence given to the accused an obligation to compensate the victim for damages caused by the criminal act. The motion must be filed before completion of the investigation or abbreviated investigation and it must clearly state the reasons and amount for which the damages are claimed. Such a motion cannot be filed if the claim was previously decided in separate civil or other proceedings.
- To file for safeguarding the claim for compensation of damages, in the probable amount of such damages from the property of the accused, if there is a well-justified suspicion that the compensation process may be obstructed;
- To file concrete proposals aiming at conciliation or agreement with the accused, directly or through a probation or mediation officer;
- To make suggestions for the taking of evidence or completion thereof, to submit evidence and make statements concerning evidence;
- To access and study files, or to file a motion for additional investigation,
- To participate in the main proceedings and in the public session about the appeal;
- To deliver the closing argument;
- To official service of the judgment or verdict, if the claim for compensation of damages was filed under the law;
- To file for post-conviction remedies within the scope of the Code of Criminal Procedures;
- In the case that at least partial compensation of the damages was approved, to compensation for damages in the Criminal Proceedings including cost for appointed representative and even if no claim to damages compensation or a part thereof was approved , to file a proposal to the court to impose on the sentenced an obligation to refund all costs (or a part thereof) related to participation of the appointed representative in the criminal proceedings carried by the sentenced;
- To accept a settlement or agreement outside of court;
- Where the investigator finds that the accused’s free movement poses a threat to the victim, to request in the introductory proceedings of the prosecutor and in the court proceedings to receive information at the address s/he provides for this purpose about release/escape of the accused from detention or release/escape of the sentenced from prison;
- If s/he suffered any damage to health as a consequence of the intentional criminal act, to request compensation under the conditions stipulated by the law 255/1998 Coll. about the compensations of victims of crime as amended later.
During the course of investigation, to request from prosecutor that delays in investigation or defective procedures of the police investigator or other authorized police officer are remedied
Representation of the victim cannot be performed by a person prosecuted as the co-accused.
A victim may give up the procedural rights available to victims in the Code of Criminal Procedures by making a written or oral statement before a law enforcement official.
An Organization Assisting Victims of Crime is an NGO set up under a separate piece of legislation (i.e. Law 83/1990 Coll about civil associations as amended later) providing services free of charge to victims.
Organizations Assisting Victims of Crime (providing services to victims of crimes free of charge)
Civil Association Pomoc Obetiam Nasilia
Providing psychological, legal and social advice and assistance free of charge to victims of crimes, domestic violence, traffic accidents, catastrophes, as well as to their relatives and witnesses of crimes.
Information about services and access is provided by the Victims of Crime Help Line 0850 111 321 (local calls charge)
Civil Association Naruc – Pomoc Detom v Krize
Providing assistance (legal, social and psychological advice and possible placement of children in the Children’s Crisis Center Naruc) to children who became victims of cruelty, misuse, neglect as well as to maltreated women and families threatened by domestic violence.
Contact: Zadubnie 56, 010 03 Zilina, tel: 041/516 65 43, 516 65 44
Civil Association Aliancia Zien Slovenska
Providing in its Crisis Center social, legal and psychological advice and assistance to victims of domestic violence.
Contact: 0903 519 550
Civil Association Pomoc Ohrozenym Detom – Centrum Nadej
Providing legal, social and psychological advice and therapy for children.
Contact: Vavilovova 22, 851 01 Bratislava, tel: 02/622 49 914, 0905 463 425