INDIVIDUAL ASSESSMENT OF A VICTIM IN CRIMINAL PROCEEDINGS
CHALLENGES IN INTERPRETATION AND REFORM PROPOSALS
DOI:
https://doi.org/10.30925/zpfsr.46.2.2Keywords:
individual assessment of the victim, criminal procedure, victim of a criminal offense.Abstract
An individual assessment of a victim was introduced into the Criminal Procedure Act in 2017 following the transposition of Directive 2012/29/EU. This measure continued the trend of enhancing the role of victims in criminal proceedings. The manner in which this mechanism is currently regulated in the Croatian legal system gives rise to several ambiguities, which this article aims to address. After reviewing the normative framework, the statutory wording that the assessment shall be conducted “with the participation of the victim” is examined. This expression is interpreted in light of fundamental procedural principles, which require caution in the communication between the trial court and the victim. Subsequently, attention is devoted - through the same lens - to the provision permitting a “special manner of examining the victim.” In order to preserve procedural balance de lege lata, the authors advocate for a restrictive interpretation of this legal measure. The concluding segment outlines key features of the Slovenian legal solution, which may serve as a guide de lege ferenda.
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Copyright (c) 2025 Igor Martinović, Domagoj Vučkov
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