CONCEPT AND CLASSIFICATION OF VULNERABLE VICTIMS IN CRIMINAL PROCEEDINGS
Abstract
Abstract. The article provides a comprehensive analysis of the concepts of "vulnerable victim" and "vulnerable state of the victim" in the context of Ukrainian criminal and criminal procedural legislation. The author proves that these concepts, although related to each other, differ in legal nature and scope. If "vulnerable state" is considered as a criminal-legal qualifying feature used within the framework of certain types of crimes, then “vulnerable victim” is a procedural category that requires special protection within the framework of pre-trial investigation and trial. The work analyzes the content of paragraph 2 of the note to Article 149 of the Criminal Code of Ukraine, identifies the features of a vulnerable state, and outlines the difficulties in translating this concept into English, which indicates the linguistic specificity of the term. Particular attention is paid to the influence of European standards, in particular Directive 2012/29/EU, on the formation of a national approach to the definition of vulnerable victims. The differences between the factual (substantive and legal) and legal (procedural) approaches to the concept of vulnerability are outlined. It is noted that in Ukraine there is no single mechanism and a clear algorithm for recognizing a person as vulnerable, which complicates the exercise of their rights in criminal proceedings. The author emphasizes the need for an individual assessment of a person’s vulnerability in each specific case, which is consistent with European practice. The conclusion is made about the expediency of normatively enshrining a single approach to recognizing a person as a vulnerable victim in criminal proceedings, which will ensure the effective exercise of their rights and guarantees. It is proposed to take into account a complex of objective and subjective factors that may determine the need for a special procedural status. The article applies formal-legal, comparative-legal, systemic, linguistic and content analysis of regulatory and legal sources and scientific literature
Keywords: vulnerable victim; vulnerable state; criminal law; criminal process; Directive 2012/29/EU; procedural guarantees; protection of victims; vulnerable groups; qualifying characteristic; individual assessment.
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References
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