Art. 42 of the Code of Criminal Procedure "Victim"

One of the key figures in criminal proceedings is the victim. The main task of justice is to ensure the protection of the interests of this person. Legislation establishes the specific status, responsibilities and rights of the victim. Art. 42 of the Code of Criminal Procedure of the Russian Federation, consolidating them, also determines the responsibility of the subject for certain violations committed during the proceedings. Let us consider the norm in more detail below.

Status Features

As a victim of a crime, according to Part 1 of Art. 42 of the Code of Criminal Procedure of the Russian Federation, is an individual who has suffered moral, property, or physical harm as a result of an attack. A legal entity is also considered a victim if its business reputation and material assets were damaged by a crime. The decision to assign such status to a subject is made from the moment the proceedings are initiated (immediately). It is, as Art. 42 of the Code of Criminal Procedure of the Russian Federation with the latest amendments, is formalized in the form of a resolution of the inquirer, investigator, judge, or a ruling of the first instance. If, on the date of initiation of proceedings, there is no information about the entity that suffered damage in connection with the crime, the corresponding decision is made immediately after receiving the necessary information.

From what moment is a person considered a victim within the meaning of criminal procedure legislation?

March 31, 2021

A victim is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event that a crime causes damage to its property and business reputation. The decision to recognize a victim as a victim is made immediately from the moment of initiation of a criminal case and is formalized by a resolution of the inquiry officer, investigator, judge or a court ruling. If at the time of initiating a criminal case there is no information about the person who has been harmed by the crime, the decision to recognize him as a victim is made immediately after receiving information about this person.

It remains to clarify only a few expressions used by the legislator in the wording of Part 1 of Art. 42 Code of Criminal Procedure. As a general rule, a decision on recognition as a victim must be issued immediately “from the moment the criminal case is initiated.” When does this moment come? At first glance, the answer is simple - when a resolution to initiate a criminal case is signed. But this answer is not complete.

After all, the Code of Criminal Procedure provides for two forms of initiating a criminal case. The first, which is most often encountered, indeed, is a procedural decision on the availability of sufficient data at the disposal of the investigator (interrogating officer, etc.) indicating signs of the objective side of the crime, and provided for in Art. Art. 140 - 143 Code of Criminal Procedure of the Russian Federation. This decision must be formalized by a resolution to initiate criminal proceedings.

The second form of initiating a criminal case is provided for some private prosecution cases. It is enshrined in Parts 1 and 2 of Art. 318 Code of Criminal Procedure. We are talking about initiating a criminal case of private prosecution “by submitting an application” to the magistrate by the victim (his legal representative), and in the event of the death of the victim, by his close relative. After filing such an application, a person who has been harmed by a crime has the right to demand a ruling recognizing him as a victim. After all, after submitting the application, based on the contents of Parts 1 and 2 of Art. 318 of the Code of Criminal Procedure, a criminal case of private prosecution is considered initiated.

In accordance with Part 4 of Article 20 of the Code of Criminal Procedure of the Russian Federation, the head of the investigative body, the investigator, as well as with the consent of the prosecutor, the interrogating officer, initiate a criminal case for any crime specified in parts two and three of this article, and in the absence of a statement from the victim or his legal representative, if This crime was committed against a person who, due to a dependent or helpless state or for other reasons, cannot defend his rights and legitimate interests. Other reasons also include the case of a crime being committed by a person whose details are unknown.

Prepared by the criminal justice department of the regional prosecutor's office

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Victim's rights

Art. 42 of the Code of Criminal Procedure of the Russian Federation establishes a fairly wide range of legal possibilities for the victim. In particular, a crime victim may:

Be aware of the charges against the alleged attacker.
Give evidence.
Do not testify against your relatives and yourself. The circle of loved ones is determined by Article 5 of the Code of Criminal Procedure (clause 4). If he agrees to testify, the victim is warned that the information he provides may subsequently be used as evidence, including if he later refuses it.
Provide materials confirming the event that occurred, the harm caused by the crime, etc.
To file challenges, to bring motions.
Provide information in a language that the subject speaks well.
Apply for a translator and use his help for free.
Grant a third party the authority to represent in court.
Participate, with the consent of the employee conducting the proceedings, in investigative actions carried out at the request.
Study the protocols of procedures carried out with his participation and submit comments on them.
Familiarize yourself with the resolution on the examination and its conclusion.
Study all materials of the proceedings at the end of the investigation, including upon termination of the case, write down any information in any volume, copy documents. If several people became victims of an assault, each of them can familiarize themselves with information regarding the harm caused to any other victim.
Receive copies of the decision to initiate proceedings, recognize him as a victim, refuse to place the accused in custody, terminate the case, send materials on jurisdiction, schedule a preliminary hearing, hearing, as well as copies of the first instance verdict, appeal and cassation decisions. The subject may send a petition requesting other documents that affect his interests.
Participate in the proceedings of the case in the court of first, appellate and other instances, bring objections to the verdict without holding a meeting in the general manner. In the cases provided for by the Code, the subject may be involved in the consideration of issues related to the execution of the decision made.
Participate in debates.
Support the prosecution.
Study the minutes of the meeting and submit comments on it.
File complaints against decisions, inactions/actions of the inquirer, investigator, their leaders, the court, and the prosecutor.
Challenge a determination, resolution, sentence adopted as part of the proceedings.
Know about the representations and complaints brought in the case, object to them.
Submit requests for the application of measures in accordance with the third part of Article 11 of the Code.

Everything about criminal cases

Go to the text of the Code of Criminal Procedure

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Recognition as a victim

— Part 1 42 Code of Criminal Procedure

the victim may be an individual

— Part 1 42 Code of Criminal Procedure

the victim may be a legal entity

— Part 1 42 Code of Criminal Procedure

recognition as a victim is formalized by a resolution

I). Rights of the victim during the investigation

- Part 2 42 Code of Criminal Procedure

During the preliminary investigation, the victim has the right:

— clause 1 part 2 42 Code of Criminal Procedure

know about the charges against the accused

— clause 2, part 2, 42 Code of Criminal Procedure

give evidence

— clause 3, part 2, 42 Code of Criminal Procedure

refuse to incriminate oneself

— clause 4 part 2 42 Code of Criminal Procedure

present evidence

- clause 5 part 2 42 Code of Criminal Procedure

file motions and challenges

— clause 6, part 2, 42 Code of Criminal Procedure

testify in one's native language

— clause 7, part 2, 42 Code of Criminal Procedure

right to a free translator

— clause 8, part 2, 42 Code of Criminal Procedure

right to representative

— clause 9 part 2 42 Code of Criminal Procedure

participate in investigative actions

— clause 10, part 2, 42 Code of Criminal Procedure

get acquainted with the protocols of investigative actions

- clause 11 part 2 42 Code of Criminal Procedure

get acquainted with forensic science

— clause 12 part 2 42 Code of Criminal Procedure

get acquainted with the materials of the criminal case (
216 Criminal Procedure Code
)

— clause 12 part 2 42 Code of Criminal Procedure

familiarization only with materials related to one

— clause 13, part 2, 42 Code of Criminal Procedure

receive copies of documents (must provide)

— clause 13, part 2, 42 Code of Criminal Procedure

receive copies of other documents (upon request)

II). The rights of the victim at the trial stage

- clause 14 part 2 42 Code of Criminal Procedure

participate in court

- clause 14 part 2 42 Code of Criminal Procedure

object to special order

- clause 15 part 2 42 Code of Criminal Procedure

argue in court

— clause 16 part 2 42 Code of Criminal Procedure

support the charge

- clause 17 part 2 42 Code of Criminal Procedure

get acquainted with the minutes of the court session

— clause 18 part 2 42 Code of Criminal Procedure

make complaints

— clause 19, part 2, 42 Code of Criminal Procedure

appeal the verdict

- clause 20 part 2 42 Code of Criminal Procedure

know about complaints and file objections to them

- clause 21 part 2 42 Code of Criminal Procedure

apply for security measures

- clause 22 part 2 42 Code of Criminal Procedure

other rights of the victim

Compensation for harm to the victim

- Part 3 42 Code of Criminal Procedure

the right of the victim to compensation for property damage

- Part 3 42 Code of Criminal Procedure

the right of the victim to reimbursement of expenses for a representative

- Part 4 42 Code of Criminal Procedure

moral damage in criminal or civil proceedings

Responsibilities of the victim

- Part 5 42 Code of Criminal Procedure

the victim has no right:

— clause 1 part 5 42 Code of Criminal Procedure

has no right to avoid appearing

- clause 2, part 5 42 Code of Criminal Procedure

has no right to refuse to testify

— clause 3, part 5 42 Code of Criminal Procedure

has no right to disclose investigation data

- clause 4, part 5 42 Code of Criminal Procedure

does not have the right to evade examination, examination

- Part 6 42 Code of Criminal Procedure

forced bringing of the victim in case of failure to appear

Responsibility
of the victim
- Part 7 42 of the Code of Criminal Procedure

responsibility of the victim:

- Part 7 42 Code of Criminal Procedure

liability for giving false testimony (
Part 1 307 of the Criminal Code
)

- Part 7 42 Code of Criminal Procedure

liability for refusal of testimony, examination (
308 CC
)

- Part 7 42 Code of Criminal Procedure

liability for disclosure of investigation data (
310 CC
)

Representatives of the victim

- Part 8 42 Code of Criminal Procedure

if the victim dies, rights are transferred to relatives

- Part 9 42 Code of Criminal Procedure

representative of the injured legal entity

- Part 10 42 Code of Criminal Procedure

the participation of a representative does not reduce the scope of rights

Information about the convicted person

— clause 21.1 part 2 42 Code of Criminal Procedure

the right of the victim to information about the convicted person

- Part 5.1 42 Code of Criminal Procedure

filing an application for information

Plenum of the Supreme Court

Plenum

on the practice of applying the rules on victims dated June 29, 2010. N 17

Practical aspects

Victim's rights

in criminal proceedings, selection of materials

SITUATIONS from practice

The victim was promised

to make amends for the harm and deceived, what to do in this case?

The victim does not want

to get acquainted with the case, is it necessary for him?

Informing the victim

about the progress of the investigation, are they required to do this?

Article 42 of the Code of Criminal Procedure. Victim

1) The victim is:

- an individual who has suffered physical, property, or
moral harm due to a crime,
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- paragraph 21

Plenum No. 17 state enterprise as a victim

- a legal entity in the event of a crime causing damage to property or business reputation.

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— clause 2

Plenum No. 1 appealing the refusal to recognize as a victim

— clause 3

Plenum No. 17 procedural registration of the status of the victim

The decision to recognize a victim as a victim is made immediately from the moment of initiation of a criminal case and is formalized by a resolution of the inquiry officer, investigator, judge or a court ruling. If at the time of initiating a criminal case there is no information about the person who has been harmed by the crime, the decision to recognize him as a victim is made immediately after receiving information about this person.

2) The victim has the right:

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- Part 5 172 Code of Criminal Procedure

arraignment

1) know about the charge brought against the accused;

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- Part 1 78 Code of Criminal Procedure

testimony of the victim: information provided by him during interrogation

2) give evidence;

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- Part 1 51

Constitution of the Russian Federation witness immunity

3). refuse to testify against yourself, your spouse and other close relatives, the circle of whom is defined in clause 4 5 of the Code of Criminal Procedure.

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— P.

Plenum No. 51 reading of testimony. if the right of refusal has been explained

If the victim agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony;

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- Part 2 86 Code of Criminal Procedure

the victim's right to collect evidence

- Part 2.2 159 Code of Criminal Procedure

evidence cannot be refused

— clause 11

Plenum No. 17 the right to participate in evidence in court proceedings

— P.

Plenum No. 51, the prosecution cannot be refused to call a specialist

4). present evidence;

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- Part 2 159 Code of Criminal Procedure

a request for investigative actions cannot be refused

5). submit applications
and
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SITUATIONS from practice

Prosecutors substituted

each other, the right to challenges may be violated

challenge;

6). give evidence in his native language or a language he speaks;

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— Part 2 18 Code of Criminal Procedure

everyone is provided with a free translator

— clause 10

Plenum No. 17 free translator for the victim

7). use the help of a translator for free;

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- Part 1 45 Code of Criminal Procedure

other persons (not lawyers) as representatives of the victim

— clause 7

Plenum No. 17 representatives of the victim, not necessarily lawyers

Petition

Request for a representative

victim for his entry into the case

8). have a representative;

9). participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;

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- Part 6 166 Code of Criminal Procedure

The protocol is presented to all participants for review

10). get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;

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— clause 8

Plenum No. 28 rights of the victim during examination

11.) get acquainted with:

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- Part 3 195 Code of Criminal Procedure

the victim is informed of the decision

— clause 8

Plenum No. 28 has the right to get acquainted with the resolution on the examination

—
resolution on the appointment of a forensic examination,
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- part 1 206 of the Code of Criminal Procedure

familiarization of the victim with the report

- and expert opinion;

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— 216 Code of Criminal Procedure

familiarization with the case of the victim, plaintiff, defendant

SITUATIONS from practice

The victim does not want

get acquainted with the case, is it necessary for him

12).
upon completion of the preliminary investigation, including in the event of termination of the criminal case, with all materials of the criminal case;
- extract any information from the criminal case and in any volume;

— make copies of criminal case materials, including using technical means.

If several victims are involved in a criminal case, each of them has the right to become familiar with those materials of the criminal case that relate to the harm caused to this victim;

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— clause 9

Plenum No. 17 the right of the victim to copies of documents

13). receive copies of decisions:

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- Part 4 146 Code of Criminal Procedure

the applicant and the suspect are notified of the initiation of the case

Copies of the resolution

Copies of the resolution

sent to the victim and suspect

- decisions to initiate criminal proceedings,

- decisions recognizing him as a victim,

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- Part 8 108 Code of Criminal Procedure

the decision on the preventive measure is sent to all participants

- decisions to refuse to select a preventive measure in the form of detention in relation to the accused,

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- Part 4 213 Code of Criminal Procedure

are required to send a copy of the decision to terminate the case

- decisions to terminate the criminal case,

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- Part 1 209 Code of Criminal Procedure

notification of the victim about the suspension of the investigation

- decisions to suspend criminal proceedings,

- decisions on the direction of the criminal case according to jurisdiction,

- a decision to schedule a preliminary hearing,

- decisions to schedule a court hearing,

— receive copies of the verdict of the court
of first instance, decisions of the courts of appeal and cassation.
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- Part 2 222 Code of Criminal Procedure

giving the victim a copy of the indictment

- Part 3 225 Code of Criminal Procedure

familiarization of the victim with the indictment

Copies of the indictment for the defense lawyer and the victim

Copy of the indictment

conclusions for the defense lawyer and the victim: nuances

Upon application, the victim has the right to receive copies of other procedural documents affecting his interests;

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— clause 11

Plenum No. 17 rights of the victim in litigation

Practical aspects

Notifying the victim

on scheduling a hearing in appeal and cassation

14). participate in the trial of a criminal case in the courts of the first,

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- paragraph 35

Plenum No. 17 notification of the victim about the date of the appeal hearing

second,

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- paragraph 36

Plenum No. 17 notification of the victim about complaints and the date of cassation

cassation,

supervisory authorities,

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Taking into account the victim's opinion

- clause 14 part 2 42 Code of Criminal Procedure

right to object to special treatment

- Part 4 219 Code of Criminal Procedure

the victim is notified of the request for a special order

- Part 4 314 Code of Criminal Procedure

if the victim objects, then the matter is normal

— Part 6 316 Code of Criminal Procedure

the victim’s objection entails a transition to the general procedure

— clause 11

Plenum No. 28, finding out the victim’s opinion on the special procedure

- paragraph 33

Plenum No. 17, the victim has the right to prohibit a special procedure

Consent of the victim

Consent of the victim

and the prosecutor, an ironclad condition for a special order

Victim's objection

Victim's objection

vs special order (illustration)

Transition from a special order to a general one

Transition from special

order on the initiative of the victim (
Part 6 316 of the Code of Criminal Procedure
)

object to the passing of a sentence without a trial in accordance with the general procedure;

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- part 2 292 of the Code of Criminal Procedure

the victim has the right to participate in the debate

— clause 13

Plenum No. 17 participation of the victim in the debate

15).
speak in court debates;
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— 22 Code of Criminal Procedure

the victim has the right to participate in criminal prosecution

- part 2 292 of the Code of Criminal Procedure

the victim has the right to participate in the debate

— clause 13

Plenum No. 17 participation of the victim in the debate

The influence of the victim on punishment

Victim's opinion

about punishment, its consideration for the amount of punishment

16). support the accusation;

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- Part 7 259 Code of Criminal Procedure

familiarization with the minutes of the court session

17).
get acquainted with the protocol and audio recording of the court hearing and submit comments on them;
18). file complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor and court;

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— Part 1 389.1 Code of Criminal Procedure

the right of appeal belongs to the victim

- Part 1 401.2 Code of Criminal Procedure

the right of cassation belongs to the victim

PRACTICAL Aspects

Appeal

from the victim, illustration

Possibility of appeal

victim with cassation - in the interests of the convicted person

19.) appeal the verdict, ruling, court order;

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- paragraph 35

Plenum No. 17 notification of the victim about the appeal

20).
know about the complaints and representations brought in the criminal case and file objections to them;
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- Part 3 11 Code of Criminal Procedure

security measures for participants in the process

Rights of participants in the process to security

- clause 21 part 2 42 Code of Criminal Procedure

the right of the victim to request security measures

- paragraph 15

Plenum No. 17, the victim has the right to request security measures

- Part 1.1 144 Code of Criminal Procedure

right to safety of a participant in pre-trial proceedings

Security measures during investigation and trial

- Part 9 166 Code of Criminal Procedure

maintaining the confidentiality of the data of a witness or victim in the protocol

- Part 8 193 Code of Criminal Procedure

identification for security - without visual observation

— Part 1 217 Code of Criminal Procedure

when familiarizing yourself with the case, some information may not be presented

- clause 4 part 2 241 Code of Criminal Procedure

closed proceedings if security is affected

- Part 4 303 Code of Criminal Procedure

Personal information may be hidden under pseudonyms

PRACTICAL Aspects

Security measures

participants in the process - how to use it for protection

21). apply for the application of security measures in accordance with Part 3 11 of the Code of Criminal Procedure;

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Informing the victim

Victim's petition

on informing about a convicted person (
Part 5 313 of the Code of Criminal Procedure
)

21.1). Receive mandatory information:

- on the arrival of a person sentenced to imprisonment at the place of serving the sentence,

- on travel of a convicted person outside the institution executing a sentence of imprisonment

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— 172.1 PEC

notification of the victim about the convicted person

- about the time of release of the convicted person from places of deprivation of liberty if the victim or his legal representative makes a corresponding statement before the end of the debate of the parties.

22).
exercise other powers provided for by the Criminal Procedure Code.
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- paragraph 34

Plenum No. 17 procedural costs of the victim

SITUATIONS from practice

The victim was promised

to make amends for the harm and deceived, what to do in this case?

3) The victim is provided with:

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- paragraph 20

Plenum No. 17, the victim who filed the claim is recognized as the plaintiff

— compensation for property damage caused by the crime;

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- clause 1.1 part 2 131 Code of Criminal Procedure

expenses of the victim to pay for a representative

— clause 3, part 1, 309 Code of Criminal Procedure

the verdict contains a decision on the distribution of costs

— clause 2

Plenum No. 42 expenses for a representative confirmed by documents

- paragraph 34

Plenum No. 17, the victim is reimbursed for the costs of a representative

— P.

Plenum No. 23, expenses for a representative do not apply to a civil claim

Statement

Victim Statement

on reimbursement of expenses for a representative

- as well as expenses incurred in connection with his participation during the preliminary investigation and in court, including expenses for a representative, in accordance with the requirements of 131 of the Code of Criminal Procedure.

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Normative base

(about the amount of moral damage)

— 151 GK

what is taken into account for the amount of compensation for moral damage

— Part 2 1101 Civil Code

How is the amount of compensation for moral damage determined?

— Part 2 1083 Civil Code

gross negligence of the victim - reduces compensation

— Part 3 1083 Civil Code

property status of the perpetrator - affects compensation

— paragraph 40

Plenum No. 55 what is taken into account for the amount of moral damage

- paragraph 24

Plenum No. 17 amount of compensation for moral damage

- P.

Plenum No. 10 What determines the amount of compensation for moral damage

— P.

Plenum No. 3 amount of compensation for moral damage under Article
128.1 of the Criminal Code
PLENAUM of the Supreme Court

Plenum

on the practice of applying the norms on moral damage dated December 20, 1994 N 10

SIZE OF COMPENSATION

Compensation amount

moral damage - which the court takes into account (
clause 24
of Plenum No. 17)

4) Upon the claim of the victim for monetary compensation for moral damage caused to him, the amount of compensation is determined by the court:

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Questions about the claim in the verdict

- clause 10, part 1 299 of the Code of Criminal Procedure

the statement of claim relates to mandatory issues

- Clause 1 Part 1 309 Code of Criminal Procedure

decision on the claim in the operative part of the sentence

— P.

Plenum No. 51 clarification of the right to claim in the preparatory part of the meeting

- when considering a criminal case;

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Transferring a claim to civil proceedings

Transfer of claim

in civil proceedings instead of resolution on the merits

- or
in civil proceedings .
5) The victim has no right:

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- Part 3 188 Code of Criminal Procedure

consequences of failure to appear

- paragraph 18

Plenum No. 17 measures for the victim in case of failure to appear in court

1). evade appearing when summoned by an inquiry officer, investigator or in court;

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— 308 CC

refusal of the victim to testify

2). knowingly give false testimony or refuse to give testimony;

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— 310 CC

disclosure of preliminary investigation data

3). disclose the data of the preliminary investigation if he was warned about this in advance in the manner established by 161 of the Code of Criminal Procedure;

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— 308 CC

evasion of the victim from undergoing examination

4). evade examination,

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— 308 CC

evasion of the victim from the examination

evade proceedings regarding his forensic examination in cases where his consent is not required,

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— 307 Criminal Code

false testimony of a witness or victim

— 308 CC

avoidance of submitting samples for comparative research

or from providing handwriting and other samples for comparative study.

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Notification of the victim about the convicted person

— clause 21.1 part 2 42 Code of Criminal Procedure

the right of the victim to information about the convicted person

— Part 5 313 Code of Criminal Procedure

duties of the court at the request of the victim

- part 2.1 399 Code of Criminal Procedure

participation of the victim in the meeting if there is a resolution

— 17 PEC

notification of relatives and the victim about the place of detention

— part 2.1 81 PEC

The victim is notified of the transfer of the convicted person to another correctional facility

- part 6.1 97 PEC

The victim is notified of the convict’s departure from the correctional facility

- Part 1 172.1 PEC

The victim is notified 30 days before release

- paragraph 18

Plenum No. 8 notification of the victim about the application for parole

DOCUMENTATION

Victim's petition

on informing about a convicted person (
Part 5 313 of the Code of Criminal Procedure
)

5.1) A request to obtain the information specified in clause 21.1, part 2 of this article is submitted by the victim, his legal representative, representative - before the end of the debate of the parties in writing.

The petition shall indicate:

— a list of information that the victim or his legal representative wishes to receive,

— residence address, email address, telephone numbers,

— as well as other information that can ensure timely receipt of information by the victim or his legal representative.

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Regulatory framework: on bringing the victim

- Part 6 42 Code of Criminal Procedure

forced bringing of the victim in case of failure to appear

- part 1 113 of the Code of Criminal Procedure

drive can be applied to the victim

- Part 2 249 Code of Criminal Procedure

the court may recognize the appearance of the victim as mandatory

- paragraph 18

Plenum No. 17 measures for the victim in case of failure to appear in court

6) If the victim fails to appear when summoned without good reason, he may be subject to arrest.

7) The victim is responsible:

- for giving knowingly false testimony, the victim is liable in accordance with Article Part 1 307 of the Criminal Code,

- for refusal to testify, as well as for evading examination, from conducting a forensic examination in cases where his consent is not required, or from providing handwriting and other samples for comparative research, the victim is liable in accordance with Article 308 UK;

— for the disclosure of preliminary investigation data, the victim is responsible in accordance with Article 310 of the Criminal Code.

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— clause 5

Plenum No. 17 upon the death of the victim - rights pass to relatives

— clause 12

Plenum No. 19 upon the death of the victim - rights pass to relatives

In criminal cases involving crimes the consequence of which was the death of a person, the rights of the victim provided for by this article are transferred to:

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Several relatives

— clause 5

Plenum No. 17 victims may be several relatives

— clause 12

Plenum No. 19 may recognize several relatives as victims

- to one of his close relatives (or)
close persons,
- and in their absence or the impossibility of their participation in criminal proceedings - to one of the relatives.

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- Part 1 45 Code of Criminal Procedure

representative of a legal entity

— clause 6

Plenum No. 17 representative of the organization

9) If a legal entity is recognized as a victim, its rights are exercised by a representative.

10) Participation in a criminal case
of a legal representative and a representative of the victim does not deprive him of the rights provided for in this article.
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Receiving the information

As Art. 42 of the Code of Criminal Procedure of the Russian Federation as amended, a subject who has become a victim of a crime may request information about:

The arrival of a person sentenced to prison at the place of serving his sentence, his transfer from one institution to another.
Consideration by the court of issues related to the execution of the sentence.
Release of a person from punishment.
Deferment of the execution of the sentence, replacement of the unserved part with a more lenient punishment.

A person can obtain this information on the basis of a ruling or a court ruling adopted before the completion of the debate between the parties. For this, as indicated in Part 2 of Art. 42 of the Code of Criminal Procedure of the Russian Federation, a citizen or his representative fills out a petition. The list of legal options for a crime victim is considered open. Art. 42 of the Code of Criminal Procedure of the Russian Federation, as amended, contains a clause stating that a person can exercise other powers enshrined in the Code.

Criminal Procedure Code of the Russian Federation, Article 42 of the Code of Criminal Procedure of the Russian Federation

1. A victim is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event that a crime causes damage to its property and business reputation. The decision to recognize a victim as a victim is made immediately from the moment of initiation of a criminal case and is formalized by a resolution of the inquiry officer, investigator, judge or a court ruling. If at the time of initiating a criminal case there is no information about the person who has been harmed by the crime, the decision to recognize him as a victim is made immediately after receiving information about this person.

2. The victim has the right:

1) know about the charge brought against the accused;
2) give evidence;
3) refuse to testify against himself, his spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If the victim agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony;
4) provide evidence;
5) file petitions and challenges;
6) give evidence in his native language or a language he speaks;
7) use the help of a translator for free;
have a representative;
9) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;
10) get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;
11) get acquainted with the decision on the appointment of a forensic examination and the expert’s conclusion;
12) upon completion of the preliminary investigation, including in the event of termination of the criminal case, with all the materials of the criminal case, copy out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including using technical means. If several victims are involved in a criminal case, each of them has the right to become familiar with those materials of the criminal case that relate to the harm caused to this victim;
13) receive copies of decisions to initiate a criminal case, to recognize him as a victim, to refuse to select a preventive measure against the accused in the form of detention, to terminate a criminal case, to suspend proceedings in a criminal case, to forward a criminal case to jurisdiction, scheduling a preliminary hearing, court hearing, receiving copies of the verdict of the court of first instance, decisions of the courts of appeal and cassation. Upon application, the victim has the right to receive copies of other procedural documents affecting his interests;
14) participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances, object to the passing of a sentence without a trial in the general manner, as well as in the cases provided for by this Code, participate in a court hearing when the court considers issues related to the execution sentence;
15) speak in court debates;
16) support the accusation;
17) get acquainted with the minutes of the court session and submit comments on it;
18) bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court;
19) appeal the verdict, ruling, court order;
20) know about the complaints and presentations brought in the criminal case and file objections to them;
21) apply for the application of security measures in accordance with part three of Article 11 of this Code;
21.1) on the basis of a resolution, a court ruling, adopted at the request of the victim, his legal representative, representative, submitted before the end of the debate of the parties, to receive information about the arrival of a person sentenced to imprisonment at the place of serving the sentence, including when moving from one correctional institution to another, about the convict’s departures outside the institution executing the sentence of imprisonment, about the time of the convict’s release from places of imprisonment, as well as to be notified of the court’s consideration of issues related to the execution of the sentence on the release of the convict from punishment, on the postponement of the execution of the sentence or on the replacement of the convict with an unserved sentence parts of the punishment are a more lenient type of punishment;
22) exercise other powers provided for by this Code.

3. The victim is provided with compensation for property damage caused by the crime, as well as expenses incurred in connection with his participation during the preliminary investigation and in court, including expenses for a representative, in accordance with the requirements of Article 131 of this Code.

4. Upon the claim of the victim for monetary compensation for moral damage caused to him, the amount of compensation is determined by the court when considering a criminal case or in civil proceedings.

5. The victim has no right:

1) evade appearing when summoned by an inquiry officer, investigator, or in court;
2) knowingly give false testimony or refuse to give testimony;
3) disclose the data of the preliminary investigation if he was warned about this in advance in the manner established by Article 161 of this Code;
4) evade undergoing an examination, from conducting a forensic examination in cases where his consent is not required, or from providing handwriting and other samples for comparative research.

5.1. A request to obtain the information specified in clause 21.1 of part two of this article is submitted by the victim, his legal representative, representative before the end of the debate of the parties in writing. The petition shall indicate a list of information that the victim or his legal representative wishes to receive, his place of residence, email address, telephone numbers, as well as other information that can ensure the timely receipt of information by the victim or his legal representative.

6. If the victim fails to appear when summoned without good reason, he may be subjected to arrest.

7. For giving knowingly false testimony, the victim is liable in accordance with Article 307 of the Criminal Code of the Russian Federation, for refusing to give testimony, as well as for evading examination, from proceedings in relation to his forensic examination in cases where his consent is not required, or from providing handwriting samples and other samples for comparative research, the victim is liable in accordance with Article 308 of the Criminal Code of the Russian Federation. The victim is responsible for the disclosure of preliminary investigation data in accordance with Article 310 of the Criminal Code of the Russian Federation.

9. If a legal entity is recognized as a victim, its rights are exercised by a representative.

10. Participation in a criminal case of a legal representative and a representative of the victim does not deprive him of the rights provided for in this article.

Compensation for harm

According to part three of Art. 42 of the Code of Criminal Procedure of the Russian Federation (2016), a person who has suffered from a crime may demand compensation for property damage resulting from the assault committed. In addition, he can count on reimbursement of expenses incurred as a result of his participation in the preliminary investigation and court hearings. These include, among other things, the costs of a representative. Compensation of costs is carried out in accordance with the requirements of Article 131 of the Code. Additionally, according to part four of Art. 42 of the Code of Criminal Procedure, a citizen may demand monetary compensation for moral damage. The amount of compensation is determined by the court based on a claim filed in civil proceedings or during the consideration of a criminal case.

Article 42. Victim (Code of Criminal Procedure of the Russian Federation)

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1. A victim is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event that a crime causes damage to its property and business reputation. The decision to recognize a victim as a victim is made immediately from the moment of initiation of a criminal case and is formalized by a resolution of the inquiry officer, investigator, judge or a court ruling. If at the time of initiating a criminal case there is no information about a person who has been harmed by a crime, the decision to recognize him as a victim is made immediately after receiving information about this person (as amended by Federal Law of June 5, 2007 N 87-FZ - Collection of Legislation of the Russian Federation, 2007, No. 24, Article 2830; Federal Law of December 28, 2013 No. 432-FZ - Collection of Legislation of the Russian Federation, 2013, No. 52, Article 6997).

2. The victim has the right:

1) know about the charge brought against the accused;

2) give evidence;

3) refuse to testify against himself, his spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If the victim agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony;

4) provide evidence;

5) file petitions and challenges;

6) give evidence in his native language or a language he speaks;

7) use the help of a translator for free;

have a representative;

9) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;

10) get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;

11) get acquainted with the resolution on the appointment of a forensic examination and the expert’s opinion (as amended by Federal Law No. 432-FZ of December 28, 2013 - Collection of Legislation of the Russian Federation, 2013, No. 52, Art. 6997);

12) upon completion of the preliminary investigation, including in the event of termination of the criminal case, with all the materials of the criminal case, copy out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including using technical means. If several victims are involved in a criminal case, each of them has the right to get acquainted with those materials of the criminal case that relate to the harm caused to this victim (as amended by Federal Law of December 28, 2013 N 432-FZ - Collection of Legislation of the Russian Federation , 2013, N 52, Art. 6997);

13) receive copies of decisions to initiate a criminal case, to recognize him as a victim, to refuse to select a preventive measure against the accused in the form of detention, to terminate a criminal case, to suspend proceedings in a criminal case, to forward a criminal case to jurisdiction, scheduling a preliminary hearing, court hearing, receiving copies of the verdict of the court of first instance, decisions of the courts of appeal and cassation. The victim, upon request, has the right to receive copies of other procedural documents affecting his interests (as amended by Federal Law of December 28, 2013 N 432-FZ - Collection of Legislation of the Russian Federation, 2013, N 52, Art. 6997);

14) participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances, object to the passing of a sentence without a trial in the general manner, as well as in the cases provided for by this Code, participate in a court hearing when the court considers issues related to the execution sentence (as amended by Federal Law of December 29, 2010 N 433-FZ - Collection of Legislation of the Russian Federation, 2011, N 1, Art. 45; Federal Law of December 28, 2013 N 432-FZ - Collection of Legislation of the Russian Federation, 2013, No. 52, Article 6997; Federal Law of March 30, 2015 No. 62-FZ - Collection of Legislation of the Russian Federation, 2015, No. 13, Article 1806);

15) speak in court debates;

16) support the accusation;

17) get acquainted with the minutes of the court session and submit comments on it;

18) bring complaints against the actions (inaction) and decisions of the investigator, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court (as amended by the Federal Law of December 30, 2015 N 440-FZ - Collection of Legislation of the Russian Federation , 2016, N 1, art. 60);

19) appeal the verdict, ruling, court order;

20) know about the complaints and presentations brought in the criminal case and file objections to them;

21) apply for the application of security measures in accordance with part three of Article 11 of this Code;

21-1) on the basis of a resolution, a ruling of the court, adopted at the request of the victim, his legal representative, representative, submitted before the end of the debate of the parties, to receive information about the arrival of a person sentenced to imprisonment at the place of serving the sentence, including when moving from one correctional institution to other, about the convict’s departures outside the institution executing the sentence of imprisonment, about the time of the convict’s release from places of imprisonment, as well as to be notified of the court’s consideration of issues related to the execution of the sentence on the release of the convict from punishment, on the postponement of the execution of the sentence or on the replacement the convicted person of the unserved part of the sentence is given a more lenient type of punishment (clause 21-1 introduced by Federal Law of December 28, 2013 N 432-FZ - Collection of Legislation of the Russian Federation, 2013, N 52, Art. 6997; as amended by the Federal Law of March 30, 2015 N 62-FZ - Collection of Legislation of the Russian Federation, 2015, N 13, Art. 1806);

22) exercise other powers provided for by this Code.

5. The victim has no right:

1) evade appearing when summoned by an inquiry officer, investigator, or in court (as amended by Federal Law No. 87-FZ of June 5, 2007 - Collection of Legislation of the Russian Federation, 2007, No. 24, Art. 2830);

2) knowingly give false testimony or refuse to give testimony;

3) disclose the data of the preliminary investigation if he was warned about this in advance in the manner established by Article 161 of this Code;

4) evade undergoing an examination, from conducting a forensic examination in cases where his consent is not required, or from providing samples of handwriting and other samples for comparative research (clause 4 introduced by Federal Law of December 28, 2013 N 432-FZ - Collection of Legislation of the Russian Federation, 2013, No. 52, Article 6997).

5-1. A request to obtain the information specified in paragraph 21-1 of part two of this article is submitted by the victim, his legal representative, representative before the end of the debate of the parties in writing. The petition shall indicate a list of information that the victim or his legal representative wishes to receive, residence address, email address, telephone numbers, as well as other information that can ensure timely receipt of information by the victim or his legal representative (part five-1 introduced by the Federal Law dated March 30, 2015 N 62-FZ - Collection of Legislation of the Russian Federation, 2015, N 13, Article 1806).

6. If the victim fails to appear when summoned without good reason, he may be subjected to arrest.

7. For giving knowingly false testimony, the victim is liable in accordance with Article 307 of the Criminal Code of the Russian Federation, for refusing to give testimony, as well as for evading examination, from proceedings in relation to his forensic examination in cases where his consent is not required, or from providing handwriting samples and other samples for comparative research, the victim is liable in accordance with Article 308 of the Criminal Code of the Russian Federation. For the disclosure of preliminary investigation data, the victim is responsible in accordance with Article 310 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 432-FZ of December 28, 2013 - Collection of Legislation of the Russian Federation, 2013, No. 52, Art. 6997).

8. In criminal cases of crimes, the consequence of which was the death of a person, the rights of the victim provided for in this article pass to one of his close relatives and (or) close persons, and in their absence or the impossibility of their participation in criminal proceedings - to one of relatives (as amended by Federal Law No. 432-FZ of December 28, 2013 - Collection of Legislation of the Russian Federation, 2013, No. 52, Art. 6997).

9. If a legal entity is recognized as a victim, its rights are exercised by a representative.

10. Participation in a criminal case of a legal representative and a representative of the victim does not deprive him of the rights provided for in this article.

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Article 41. Investigator

Article 42. Victim

Article 43. Private prosecutor

Questions and answers on Article 42

#61587 15.11.2021 (15:52)

Personal data disclosed

The defendant in a criminal case for theft of funds from a bank card turned out to have my information (the address apparently received an indictment), there was no trial yet. Isn’t this a secret investigation, given that the person lives in the same building as me and threatened me?

Author: Anastasia Replies: 9 Reply Read more

#58377 22.04.2021 (10:30)

Fraud Consultation

A girl I know took a large sum of money from me and did not return it. I wrote a statement about this to the Internal Affairs Directorate. Nothing is clear yet. I called the investigator to ask how the case was going. The investigator yelled at me. Why don’t we call if we need to, they’ll call themselves. And she hasn’t yet let me read the protocol of interrogation of the suspect. Do I have a chance for the victim to read the protocol of interrogation of the suspect?

Author: Aigul Kara-ool Replies: 2 Reply Read more

#57176 16.01.2021 (12:26)

How to return stolen money if the police don’t want to look into it?

Hello! A question! Money was stolen from a cafe (about 70,000), the police were immediately called, to which they were not willing to communicate with us and were rude (there is a video recording). They refused to watch the video from the cameras (do you think the lieutenant colonel of justice will watch your cameras?! We don’t know how and there is no specialist in the department). As a result, only two weeks later the videos were confiscated and sent for examination (but after such a time, hardly anything was preserved on the media), they wasted time 100%... The last time they called us was November 10, 2022, the third month has passed, and there is silence from them! what should we do?! Should I contact the prosecutor's office or go directly to the OSB? (We were at the OSB, they said if the video is not taken away in the near future, then immediately write a statement to us... they took it, but what’s the point?)

Author: Daria Sh Replies: 8 Reply Read more

#55673 09.09.2020 (10:21)

How to recover money from a scammer

I transferred money to the scammer. We talked on VK. The total amount is 320 thousand rubles. They opened a case. 2 months have passed and the investigator says that all investigative actions are being carried out. What do i do? How can I find out if they are doing the following? Action or not. Where to write a complaint

Author: Tatyana Replies: 5 Reply Read more

#54740 07.07.2020 (13:05)

2 charges of one fraud

Hello, dear lawyers! I am a victim in a criminal case of fraud (because of scammers, our family was left without housing). In the criminal case, there is a creditor and his friends, the creditor (individual) took out a mortgage on an apartment under the guise of an LLC employee, after which the LLC employees embezzled funds from the collateral of our apartment. The investigator says that the creditor has been charged at the request of the prosecutor, but the cases of the creditor and the “embezzlers of funds from the collateral of the apartment” are separated (although the number of the criminal case is the same. Could this be? Doesn’t this worsen the situation of the victim? Is it necessary In this case, file 2 civil suits?

Author: Svetlana Seliverstova Replies: 2 Reply Read more

Useful information and samples on Article 42

535 0

19.05.2015

Complaint about the investigator’s inaction to the Investigative Committee

Group: Samples: Complaints in criminal cases Author: Site Administrator

More details

218 0

09.05.2015

Application to the Ministry of Internal Affairs on the protection of rights and freedoms

Group: Samples: Statements in criminal cases Author: Site Administrator

More details

483 0

08.05.2015

Sample application to the prosecutor's office for an inspection

Group: Samples: Statements Author: Site Administrator

More details

Prohibitions

As stated in Art. 42 of the Code of Criminal Procedure, a subject who has suffered from a crime cannot:

If summoned, avoid appearing in court or before an inquiry officer/investigator.
Provide knowingly false information, refuse to testify (except for cases provided for by the Code).
Disclose information from the preliminary investigation if the person was warned in advance about the need to maintain the confidentiality of this data in the manner provided for in Article 161 of the Code of Criminal Procedure.
Avoid undergoing a medical examination, conducting a forensic examination in relation to him in cases where his consent is not required to perform these procedures, or from providing samples, including handwriting, for conducting a comparative study.

Article 42. Victim

[Code of Criminal Procedure] [Part One] [Section II] [Chapter 6]
. A victim is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event that a crime causes damage to its property and business reputation. The decision to recognize a victim as a victim is made immediately from the moment of initiation of a criminal case and is formalized by a resolution of the inquiry officer, investigator, judge or a court ruling. If at the time of initiating a criminal case there is no information about the person who has been harmed by the crime, the decision to recognize him as a victim is made immediately after receiving information about this person.

. The victim has the right:

1) know about the charge brought against the accused;
2) give evidence;
3) refuse to testify against himself, his spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If the victim agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony;
4) provide evidence;
5) file petitions and challenges;
6) give evidence in his native language or a language he speaks;
7) use the help of a translator for free;
have a representative;
9) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;
10) get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;
11) get acquainted with the decision on the appointment of a forensic examination and the expert’s conclusion;
12) upon completion of the preliminary investigation, including in the event of termination of the criminal case, with all the materials of the criminal case, copy out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including using technical means. If several victims are involved in a criminal case, each of them has the right to become familiar with those materials of the criminal case that relate to the harm caused to this victim;
13) receive copies of decisions to initiate a criminal case, to recognize him as a victim, to refuse to select a preventive measure against the accused in the form of detention, to terminate a criminal case, to suspend proceedings in a criminal case, to forward a criminal case to jurisdiction, scheduling a preliminary hearing, court hearing, receiving copies of the verdict of the court of first instance, decisions of the courts of appeal and cassation. Upon application, the victim has the right to receive copies of other procedural documents affecting his interests;
14) participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances, object to the passing of a sentence without a trial in the general manner, as well as in the cases provided for by this Code, participate in a court hearing when the court considers issues related to the execution sentence;
15) speak in court debates;
16) support the accusation;
17) get acquainted with the protocol and audio recording of the court session and submit comments on them;
18) bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court;
19) appeal the verdict, ruling, court order;
20) know about the complaints and presentations brought in the criminal case and file objections to them;
21) apply for the application of security measures in accordance with part three of Article 11 of this Code;
21.1) on the basis of a resolution, a ruling of the court, adopted at the request of the victim, his legal representative, representative, submitted before the end of the debate of the parties, to receive information about the arrival of a person sentenced to imprisonment at the place of serving the sentence, including when moving from one correctional institution to another, about the convict’s departures outside the institution executing the sentence of imprisonment, about the time of the convict’s release from places of imprisonment, as well as to be notified of the court’s consideration of issues related to the execution of the sentence on the release of the convict from punishment, on the postponement of the execution of the sentence or on the replacement of the convict with an unserved one parts of the punishment are a more lenient type of punishment;
22) exercise other powers provided for by this Code.

. The victim is provided with compensation for property damage caused by the crime, as well as expenses incurred in connection with his participation during the preliminary investigation and in court, including expenses for a representative, in accordance with the requirements of Article 131 of this Code.

. Upon a claim by a victim for monetary compensation for moral damage caused to him, the amount of compensation is determined by the court when considering a criminal case or in civil proceedings.

. The victim has no right:

1) evade appearing when summoned by an inquiry officer, investigator, or in court;
2) knowingly give false testimony or refuse to give testimony;
3) disclose the data of the preliminary investigation if he was warned about this in advance in the manner established by Article 161 of this Code;
4) evade undergoing an examination, from conducting a forensic examination in cases where his consent is not required, or from providing handwriting and other samples for comparative research.

. If the victim fails to appear when summoned without good reason, he may be subjected to arrest.

. For giving knowingly false testimony, the victim is liable in accordance with Article 307 of the Criminal Code of the Russian Federation, for refusing to testify, as well as for evading examination, from proceedings in relation to his forensic examination in cases where his consent is not required, or from providing handwriting samples and other samples for comparative research, the victim is liable in accordance with Article 308 of the Criminal Code of the Russian Federation. The victim is responsible for the disclosure of preliminary investigation data in accordance with Article 310 of the Criminal Code of the Russian Federation.

. In criminal cases of crimes, the consequence of which was the death of a person, the rights of the victim provided for in this article pass to one of his close relatives and (or) close persons, and in their absence or the impossibility of their participation in criminal proceedings - to one of the relatives.

. If a legal entity is recognized as a victim, its rights are exercised by a representative.

. Participation in the criminal case of the legal representative and representative of the victim does not deprive him of the rights provided for in this article.

Features of filing an application

As indicated in Part 5. 1 Art. 42 of the Code of Criminal Procedure, a request for information provided for in paragraph 21.1 of the norm in question is sent by the citizen who has become a victim of a crime, his representative before the completion of the debate on the case in writing. The application must indicate a list of relevant information, residential address, email, telephone numbers, and other data that will ensure timely transmission of the materials of interest.

Responsibility

According to Art. 42 of the Code of Criminal Procedure, a person who is a victim of an assault must not provide knowingly false information. Otherwise, he may be prosecuted under Article 307 of the Criminal Code. In the event of his refusal to undergo a medical examination, to carry out an examination in relation to him in situations where his consent is not required for this, to provide samples, including handwriting, sanctions may be applied to the person in accordance with Art. 308 of the Criminal Code. If a citizen fails to appear when summoned to court or to the inquirer/investigator for an unexcused reason, he may be brought in forcibly. In case of disclosure of information about the preliminary investigation, the subject is liable under Article 310 of the Criminal Code.

Article 42 of the Code of Criminal Procedure of the Russian Federation. Victim

(as amended by Federal Laws dated 06/05/2007 N 87-FZ, dated 12/28/2013 N 432-FZ)

2. The victim has the right:

1) know about the charge brought against the accused;

2) give evidence;

4) provide evidence;

5) file petitions and challenges;

6) give evidence in his native language or a language he speaks;

7) use the help of a translator for free;

have a representative;

9) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;

10) get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;

11) get acquainted with the decision on the appointment of a forensic examination and the expert’s conclusion;

(as amended by Federal Law dated December 28, 2013 N 432-FZ)

12) upon completion of the preliminary investigation, including in the event of termination of the criminal case, with all the materials of the criminal case, copy out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including using technical means. If several victims are involved in a criminal case, each of them has the right to become familiar with those materials of the criminal case that relate to the harm caused to this victim;

(as amended by Federal Law dated December 28, 2013 N 432-FZ)

13) receive copies of decisions to initiate a criminal case, to recognize him as a victim, to refuse to select a preventive measure against the accused in the form of detention, to terminate a criminal case, to suspend proceedings in a criminal case, to forward a criminal case to jurisdiction, scheduling a preliminary hearing, court hearing, receiving copies of the verdict of the court of first instance, decisions of the courts of appeal and cassation. Upon application, the victim has the right to receive copies of other procedural documents affecting his interests;

(Clause 13 as amended by Federal Law dated December 28, 2013 N 432-FZ)

(as amended by Federal Laws dated December 29, 2010 N 433-FZ, dated December 28, 2013 N 432-FZ, dated March 30, 2015 N 62-FZ)

15) speak in court debates;

16) support the accusation;

17) get acquainted with the minutes of the court session and submit comments on it;

18) bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court;

(as amended by Federal Law dated December 30, 2015 N 440-FZ)

19) appeal the verdict, ruling, court order;

20) know about the complaints and presentations brought in the criminal case and file objections to them;

21) apply for the application of security measures in accordance with part three of Article 11 of this Code;

21.1) on the basis of a resolution, a court ruling, adopted at the request of the victim, his legal representative, representative, submitted before the end of the debate of the parties, to receive information about the arrival of a person sentenced to imprisonment at the place of serving the sentence, including when moving from one correctional institution to another, about the convict’s departures outside the institution executing the sentence of imprisonment, about the time of the convict’s release from places of imprisonment, as well as to be notified of the court’s consideration of issues related to the execution of the sentence on the release of the convict from punishment, on the postponement of the execution of the sentence or on the replacement of the convict with an unserved sentence parts of the punishment are a more lenient type of punishment;

(clause 21.1 as amended by Federal Law dated March 30, 2015 N 62-FZ)

22) exercise other powers provided for by this Code.

5. The victim has no right:

1) evade appearing when summoned by an inquiry officer, investigator, or in court;

(as amended by Federal Law dated June 5, 2007 N 87-FZ)

2) knowingly give false testimony or refuse to give testimony;

3) disclose the data of the preliminary investigation if he was warned about this in advance in the manner established by Article 161 of this Code;

4) evade undergoing an examination, from conducting a forensic examination in cases where his consent is not required, or from providing handwriting and other samples for comparative research.

(Clause 4 introduced by Federal Law dated December 28, 2013 N 432-FZ)

(Part 5.1 introduced by Federal Law dated March 30, 2015 N 62-FZ)

6. If the victim fails to appear when summoned without good reason, he may be subjected to arrest.

(as amended by Federal Law dated December 28, 2013 N 432-FZ)

(Part 8 as amended by Federal Law dated December 28, 2013 N 432-FZ)

9. If a legal entity is recognized as a victim, its rights are exercised by a representative.

10. Participation in a criminal case of a legal representative and a representative of the victim does not deprive him of the rights provided for in this article.

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Institute of Representation

In cases of assault, the consequence of which was the death of a citizen, his rights provided for in Art. 42 of the Code of Criminal Procedure, pass to one of the relatives. If they are absent or do not have the opportunity to participate in the production, to any of the relatives. According to Part 9 of Art. 42 of the Code of Criminal Procedure of the Russian Federation, if a legal entity acts as a victim of a crime, a representative participates in the case on its behalf. Involving a proxy in the proceedings does not deprive the victim of the legal opportunities enshrined in the norm in question.

Art. 42 Code of Criminal Procedure: commentary

Part of the first norm establishes the grounds on which a subject receives the status of a crime victim. They are:

Physical harm. They refer to damage caused to a citizen's health. It can be expressed in bodily injuries, disorders of body functions, loss of previous capabilities and abilities.
Property damage. It is defined as losses minus the defect of the good. Simply put, this harm is the difference in the property status of a person resulting from a crime. Property damage also includes lost profits.
Moral injury. It involves moral and physical suffering provoked by the unlawful actions of another person, violating the non-property personal rights of the victim or encroaching on other intangible benefits.

A citizen who has suffered from a crime, as well as from any other act prohibited by law, which was committed by an insane person, receives the status of a victim, regardless of citizenship, mental/physical condition, age, or other individual characteristics. It does not matter to attract the subject as a victim and the degree of completion of the attack, as well as the availability of information about the attackers.

Commentary to Art. 42 Criminal Code

1. The conditions for the legality of actions when executing an order or instruction (these two terms are synonymous in the affected aspect) related to an order (instruction) are the following: a) the order must be legal in essence; b) the order must be legal in form, i.e. issued by an appropriate person within the scope of his competence and duly executed. In accordance with Part 2, failure to comply with a knowingly illegal order or instruction excludes criminal liability for such failure (for example, under Article 332 of the Criminal Code).

2. The conditions for the legality of actions in the execution of an order or instruction, relating to the actions themselves, are: a) the executor of the order must be obliged to obey the order and not carry out a knowingly illegal order (both illegal in form and illegal in essence); b) the performer must not go beyond the scope of actions specified by the order.

3. Violation of these conditions is classified as follows.

Firstly, the execution of an illegal order, which, however, is not obviously illegal for the executor, excludes the criminal liability of the executor. In this case, the person who gave the illegal order is liable as a direct executor (Part 2 of Article 33 of the Criminal Code).

Secondly, the commission of an intentional crime in execution of a knowingly illegal order entails criminal liability for the executor of the order and the person who gave it on a general basis.

Thirdly, the commission of a careless crime, even in execution of a knowingly illegal order, excludes the criminal liability of the executor; The person who gave the order bears responsibility.

Responsibilities and legal options

Considering Art. 42 of the Code of Criminal Procedure of the Russian Federation with comments from experts, it can be noted that experts pay special attention to a rather impressive list, enshrined in part two. A citizen who has become a victim of an assault, acting as a participant in legal proceedings on the prosecution side, is endowed with a large number of opportunities. Realizing all his rights, the victim carries out continuous monitoring of the progress of proceedings, participates in the prosecution of the citizen who committed the attack and caused him damage. At the same time, being one of the key carriers of evidentiary information, the subject must fulfill the procedural duties established by the norm. Thus, the victim must appear when summoned to court, to the inquiry officer/investigator, and give truthful testimony during confrontations, interrogations and identification. In addition, he is obliged to submit to coercion when performing such necessary investigative procedures as medical examination, examination, seizure, and so on. Failure to comply with the requirements of the law will entail the application of fairly stringent penalties, up to the imposition of punishment under the Criminal Code.

Victim (Article 42 of the Code of Criminal Procedure of the Russian Federation)

Crime damages social relations. As a result of criminal attacks, a crime victim appears, called the victim . It is recognized as an individual who has suffered physical, property, or moral harm by a crime, as well as a legal entity in the event of damage to its property and business reputation.

Physical harm consists of causing bodily harm or injury to a person, as well as impairment of health. Property damage is damage caused to the property rights and interests of a person in the form of loss of material assets or incurred monetary expenses. Moral harm consists of physical and moral suffering suffered by a person as a result of an act committed.

The victim does not appear as a participant in the process from the moment the harm is actually caused to him. Since we are talking about a victim of a crime, it is first necessary to establish that the act actually took place and that the person suffered from it. These are the grounds for recognizing a person as a victim, the presence of which can only be established after the initiation of a criminal case. Therefore, a person acquires the status of a victim at the stage of preliminary investigation, when the investigator or inquiry officer, having established the specified grounds, issues a special resolution on recognition as a victim. Until this decision is made, for example, at the stage of initiating a criminal case, it is more correct to speak not about the victim, but about the victim of the crime.

The Code of Criminal Procedure of the Russian Federation, in comparison with the Code of Criminal Procedure of the RSFSR, significantly expanded the range of powers of the victim. First of all, the current Code emphasizes his role as an active subject of the prosecution participating in criminal prosecution (Article 22 of the Code of Criminal Procedure of the Russian Federation).

The victim has the following powers:

1) know about the accusation;

2) receive copies of a number of decisions taken in a criminal case: on the initiation of a case, on its termination, suspension, etc.;

3) file petitions, challenges, bring complaints;

4) participate in investigative actions carried out at his request;

5) before the end of the preliminary investigation, get acquainted with the decision on the appointment of an examination and the expert’s conclusion, and after the end of the preliminary investigation - with all the materials of the criminal case and write out any information from it, as well as make copies;

6) participate in the courts of the first, second, cassation and supervisory instances, supporting the prosecution;

7) apply for the application of measures for their own safety, as well as the safety of their loved ones.

In addition, the victim has the right:

1. Give evidence. At the same time, according to Part 5 of Art. 42 of the Code of Criminal Procedure of the Russian Federation, the victim is obliged to testify. For refusal to testify and giving knowingly false testimony, the victim is subject to criminal liability under Art. 307, 308 of the Criminal Code of the Russian Federation. And finally, the victim has the right to refuse to testify against himself and his loved ones (Article 51 of the Constitution of the Russian Federation, paragraph 3, part 2, article 42 of the Code of Criminal Procedure of the Russian Federation). Thus, the victim is endowed with the right to testify, the obligation to testify, and the right to refuse to testify. What does this combination of rights and responsibilities mean?

Due to the public nature of criminal proceedings, the first priority must be given to the victim’s obligation to report everything he knows to the investigator or the court. The victim is responsible before the law for the accuracy of his testimony. However, if certain information of interest to the investigator or the court can be turned against the victim himself or his relatives, then he has the right not to testify on it, referring to Art. 51 of the Constitution of the Russian Federation. Situations are possible when the interrogated victim believes that the investigator or the court did not clarify certain circumstances that are important in the case. In this case, he can use his right to testify and demand additional questioning from the investigator or the court.

2. The victim has the right to have a representative, who is most often represented by a lawyer (Clause 8, Article 42, Article 45 of the Code of Criminal Procedure of the Russian Federation). This is one of the most effective powers, because thanks to qualified legal assistance, the victim, firstly, is able to understand the legal intricacies of his status, and secondly, to implement them correctly.

The victim bears a number of procedural obligations: to appear when summoned to the investigator, interrogating officer or to the court; give truthful testimony; not to disclose the data of the preliminary investigation if they were given a subscription to this effect.

A number of issues regulating the status of the victim in criminal proceedings are resolved in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 29, 2010 No. 17 (as amended on February 9, 2012) “On the practice of application by courts of the norms regulating the participation of the victim in criminal proceedings.”

The victim has the following powers:

1) know about the accusation;

2) receive copies of a number of decisions taken in a criminal case: on the initiation of a case, on its termination, suspension, etc.;

3) file petitions, challenges, bring complaints;

4) participate in investigative actions carried out at his request;

6) participate in the courts of the first, second, cassation and supervisory instances, supporting the prosecution;

7) apply for the application of measures for their own safety, as well as the safety of their loved ones.

In addition, the victim has the right:

Nuances of the norm

The definition of a victim used in the first part of the article under consideration differs significantly from the interpretation of the term used in the previous Code of Criminal Procedure. Currently, not only a citizen, but also a legal entity can be recognized as a victim of an attack. We are talking about an organization that has operational management, property or households. management of property, responsible for their obligations, capable of acquiring and exercising on their own behalf non-property and real rights, bearing responsibility, acting as a defendant or plaintiff. In current practice, there are still not enough cases in which the victim is a legal entity. According to analysts, however, the viability of this innovation in theoretical terms is not in dispute. The essence of the crime victim as a participant in legal proceedings is determined by the fact that the damage is caused to him personally. In addition, the decisive point is the fact that the citizen who has become the victim is the most important bearer of incriminating evidence. He, as an eyewitness to the crime, provides this information to the authorized bodies during interrogation. Taking these circumstances into account, the legislator also determined the procedural position of the victim of an assault, distinguishing it from the status of a civil plaintiff. According to experts, after the provisions on a legal entity are included in the norm, it merges with the representative of the victim, since the organization’s authorized representative is directly involved in the case. This citizen was not personally harmed; he was not an eyewitness to the event, and if he was, it was only as a witness. As a result, as analysts conclude, its functions do not differ from the tasks of a civil plaintiff putting forward claims for compensation for property or moral damage resulting from an attack on business reputation.

Important point

Often, especially when committing serious crimes, the death of the victim occurs. The legislation provides for the transfer of legal powers of a deceased person to his successors. In this case, the heirs receive a full range of rights without any restrictions. In addition, the responsibilities of the deceased citizen are transferred to the successors. The Constitutional Court gave its explanations regarding this rule. The court indicated, in particular, that this provision cannot be considered as excluding the possibility of transferring the rights of a deceased victim to more than one relative.

Second commentary to Art. 42 of the Criminal Code of the Russian Federation

1. In order for the execution of an order or instruction to exclude the criminality of an act, it must comply with the following conditions of legality.

2. The order or instruction was binding for execution by a specific person. An order or instruction is a mandatory instruction from an authority; Moreover, the orders are distributed in the military and paramilitary environment, among military personnel, including police officers, federal security service officers, etc.; orders - in the civil environment, which is not limited to government bodies, but also includes labor relations.

3. The order (instruction) was illegal, which resulted in harm to legally protected interests during its execution. The order (instruction) could contradict the Constitution, federal law, decree or order of the President, Government Decree, departmental regulatory act, order or order of a higher body or official. The content and nature of the damage caused are also not limited by law; it can be anything.

4. The person executing the order or instruction was not aware of its illegal nature, and, on the contrary, acted in accordance with executive discipline, believing that the order (instruction) was completely legitimate and legal. At the same time, there were no circumstances that could clearly indicate the illegality of the order or instruction.

5. If all three conditions of legality are present, a person who has executed an illegal order or instruction by causing harm to interests protected by criminal law shall not be held criminally liable.

6. Otherwise, if the executor of the order or instruction is aware of its illegal nature. Then he bears criminal liability on a general basis.