A person who has suffered as a result of a criminal offense has the right to protect their interests during the investigation and court proceedings. It is therefore important to obtain victim status promptly, present evidence, monitor the progress of the investigation, and fully exercise the rights provided by law.
Avtandil Giorgadze provides legal assistance to victims and represents their interests before the police, the prosecution service, other investigative authorities, and courts.
Who May Be Recognized as a Victim?
A person may be recognized as a victim if they have suffered the following as a result of a criminal offense:
- physical harm;
- property damage;
- non-pecuniary or moral harm;
- damage to health;
- loss of or damage to property;
- another form of legally recognized harm.
A person is recognized as a victim in accordance with the procedure established by law and on the basis of an appropriate decision. Filing a crime report does not always result in the automatic granting of victim status.
Preparation of a Crime Report
The first step in seeking a response through criminal proceedings is often the preparation of a substantiated crime report and its submission to an investigative authority.
The lawyer:
- examines the factual circumstances of the case;
- assesses whether the conduct described contains indications of a possible criminal offense;
- determines the legal circumstances relevant to the case;
- collects and attaches the relevant documents and evidence to the crime report;
- prepares a legally substantiated crime report;
- submits the report to the authorized investigative authority;
- monitors the subsequent response to the report.
A thoroughly prepared crime report enables the investigation to assess the important circumstances and evidence related to the case from the outset.
Recognition as a Victim
Where grounds provided by law exist, a person may request recognition as a victim. This status grants the person specific rights in criminal proceedings.
If the authorized authority refuses to recognize the person as a victim, the lawyer assesses the lawfulness of the refusal and uses the appeal mechanisms provided by law.
Fundamental Rights of a Victim
In accordance with the procedure established by law, a victim has the right to:
- know the substance of the charges brought against the accused person;
- receive information about the progress of the investigation and the case;
- give testimony concerning the harm suffered and other circumstances of the case;
- present evidence in their possession;
- request that appropriate investigative and procedural actions be conducted;
- receive copies of decisions provided by law;
- appeal decisions affecting their rights and lawful interests;
- request the return of an item belonging to them that has been confiscated or seized;
- use the services of an interpreter;
- request the application of special protection measures where a real threat exists;
- receive assistance from a lawyer.
The procedure and scope for exercising specific rights depend on the stage of the case and the applicable criminal procedure legislation.
What Do the Services of a Lawyer for Victims Include?
The lawyer:
- assesses the legal prospects of the case;
- prepares a crime report;
- requests that the person be recognized as a victim;
- represents the victim’s interests before the investigative authority and the prosecution service;
- attends the victim’s interview and questioning;
- assists in locating and presenting evidence;
- prepares statements, motions, and complaints;
- monitors the adoption of procedural decisions important to the victim;
- responds to delays in the investigation and possible inaction;
- appeals decisions contrary to the victim’s interests in accordance with the procedure established by law;
- protects the victim’s lawful interests in court;
- assesses the legal avenues available for obtaining compensation for the harm suffered.
Obtaining and Presenting Evidence
It is important for a victim to preserve and present information related to the criminal offense promptly, including:
- documents and contracts;
- bank transfers and financial records;
- correspondence and electronic information;
- photographs and video and audio recordings;
- medical documents;
- materials confirming property damage;
- information concerning potential witnesses;
- other information confirming the criminal offense and the harm suffered.
Locating evidence promptly is important because certain information may be deleted, lost, or become more difficult to obtain later.
Monitoring the Progress of the Investigation
Protection of the victim’s interests should not be limited to filing a crime report. It is important to monitor the progress of the investigation and request that the actions necessary for the case be conducted promptly.
The lawyer may request:
- the interviewing or questioning of specific persons;
- the production of documents and electronic information;
- the collection of video recordings;
- the conduct of an expert examination;
- the seizure of an item or document;
- the tracing of property and the application of appropriate legal measures;
- the performance of other actions relevant to the case.
If the investigative authority fails to act or makes an unsubstantiated decision, the lawyer uses the legal mechanisms provided by law.
Safety of the Victim
If there is a real threat of intimidation, pressure, or retaliation against the victim or a member of their family, the application of protection measures provided by law may be requested.
In such a case, it is important to notify the relevant authority of the threat immediately and submit materials confirming it.
Compensation for Harm Suffered
Recognition as a victim in a criminal case does not always automatically result in compensation for the material or non-pecuniary harm suffered.
Depending on the circumstances of the case, obtaining compensation may require:
- requesting the return of property;
- providing documentary evidence of the amount of harm;
- preparing a civil claim against the offender or the responsible organization;
- requesting the attachment of property or another interim protective measure;
- subsequent enforcement of the court’s judgment.
The lawyer assesses which legal avenue will be effective in protecting the victim’s property interests and whether civil proceedings should be pursued alongside the criminal proceedings.
Protection of the Victim’s Interests in Court
In court, the victim’s lawyer monitors the proceedings, ensures the protection of the victim’s rights, and responds to matters directly related to the victim’s lawful interests.
The procedural rights of the victim’s representative differ from the powers of the prosecutor. The prosecutor represents the public prosecution in court, while the victim’s lawyer directly represents the victim’s interests within the limits established by law.