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In criminal cases of intentional grievous bodily harm, the protection of the victim's rights plays a special role. Article 121 of the Criminal Code of Ukraine (CCU) provides for liability for intentional infliction of grievous bodily harm, and the victim in such cases has a wide range of rights that guarantee him or her proper protection and restoration of justice. In this article, we will look at the main rights of the victim in such cases, their legal analysis and significance, as well as the role of the lawyer in ensuring the exercise of these rights.
Basic rights of the victim
The right to information
The victim has the right to be informed of his or her rights and obligations in criminal proceedings, as well as of the progress of the investigation and consideration of the case. This includes the right to receive information on the status of the case, on measures taken by the investigating authorities, and on decisions made in the course of the investigation and trial.
Right to defence
The victim has the right to legal assistance, which can be provided by a qualified lawyer. The lawyer helps the victim understand his or her rights, provides legal support at all stages of the criminal process, and represents the victim in court and other bodies.
The right to participate in the process
The victim has the right to participate in all procedural actions carried out in the case, including interrogations, inspections of the scene, examinations, etc. He or she may file motions, make challenges, and appeal against the decisions of the investigator, prosecutor, and court.
The right to compensation for damage
The victim has the right to compensation for material and non-pecuniary damage caused by the crime. This right is exercised by filing a civil claim within the framework of criminal proceedings or through separate civil proceedings.
Legal analysis of the victim's rights
Protection of the victim's rights at the pre-trial investigation stage
At the pre-trial investigation stage, it is important to ensure the victim's right to participate in procedural actions and provide him or her with the necessary information. Investigating authorities must notify the victim of all important decisions and procedural actions related to his or her case. The victim's lawyer can monitor the observance of his or her client's rights and file the necessary motions.
Court proceedings
During the trial, the victim has the right to participate in court hearings, testify, ask questions of the accused, witnesses and experts, and present evidence. The court must provide the victim with all the necessary conditions to exercise his or her rights.
Compensation for damage
One of the most important aspects of protecting the rights of victims is ensuring compensation for the damage caused. The victim may file a civil claim in criminal proceedings to compensate for material and non-pecuniary damage. The court, when passing a verdict, may satisfy the victim's claim for compensation.
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Conclusion
The protection of the rights of the victim in cases of intentional grievous bodily harm is an important element of the criminal process. The victim has a wide range of rights that ensure his or her participation in the process, receipt of necessary information, protection from violations and compensation for damage. A key role in ensuring the exercise of these rights is played by a lawyer who provides the victim with qualified legal assistance at all stages of criminal proceedings. Contacting professional lawyers at https://consultant.net.ua will help you ensure proper legal protection and achieve a fair resolution of the case.