A victim or anybody else may file a report with the police regarding acts of domestic violence and criminal proceedings shall be commenced and conducted in accordance with the Code of Criminal Procedure.
Commencement of proceedings
In most cases, it is the obligation of the police to commence criminal proceedings when they have been notified about a crime, even if the victim has not submitted an application. However, the Code of Criminal Procedure lists a number of reasons why criminal proceedings might not be initiated, for example, if there are no circumstances that would indicate the commission of a crime, or the offence was committed too long ago so the limitation period for the criminal offence has expired, or the accused has previously been tried in the same matter and the proceedings against him have been terminated by a judgment, or a number of other reasons.
Appeal
Where a police officer refuses to commence criminal proceedings (it must be a decision in written form and the police officer must inform the applicant), a victim has the right to appeal this decision to a public prosecutor within 10 days after she or he has received it. A prosecutor must examine the complaint within 15 days from the moment of receipt and may fully or partially revoke or amend the appealed decision. The decision of the prosecutor can be appealed to the Office of the Prosecutor General, which shall resolve an appeal within one month as of receipt of the appeal. The decision of the Office of the Prosecutor General may be contested in a circuit court through an attorney within one month as of the receipt of a copy of the order. If, after going through all the instances, the victim believes that her or his human rights have been violated by this decision, they have the opportunity to submit a claim to the European Court of Human Rights.
Rights of the victims
The Code of Criminal Procedure lists a number of rights that victims have during criminal procedure. For example, a victim has the right to:
- give or refuse to give testimony on the bases provided for in the law
- submit evidence, requests and complaints
- examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts
- examine the materials of the criminal file pursuant to the procedure
- participate in judicial hearing
- give consent to the application of settlement proceedings or to refuse to give such consent
- give consent to the application of temporary restraining order and request application of restraining order
- request that his or her questioning be conducted by a person of the same sex when it comes to sexual violence, gender violence or a criminal offence committed in close relationship (except if the questioning is conducted by a prosecutor or a judge or if this would interfere with the course of proceedings)
- receive information concerning taking into custody of a person suspected of a criminal offence and request to be notified of release of the person held in custody in the event of any danger
- request to be notified of the release of the convicted offender before the prescribed time or escape of the convicted offender from prison if the information can prevent danger to the victim
- have one person to accompany him or her at any procedural acts unless the body conducting the proceedings has refused this with good reason