Problems of Victim Identification in Violation of Traffic Safety Rules or Vehicle Operation by People Steering Dransportation Devices
Abstract
Key problems arising in the course of identification of victim as
party to the criminal process are analyzed along with separation of
the definition of victim as crime (traffic violation) classifying element.
It is identified that victim’s presence is obligatory to classify the
crime under Art. 286 of the Criminal Code of Ukraine. Taking into
account that the only legitimate definition of crime victim is contained in
the Art. 55 (1) of the Criminal Procedure Code of Ukraine, it can be
equally applied either to criminal or to criminal procedure legislation.
Key difference between criminal and criminal procedural
definitions of victim is in the following: 1) victim of a crime may
sometimes not be inflicted with damage by commission of socially
Ukraine clearly focuses on physical, moral or property damage;
2) domestic criminal legislation defined person as a victim since the
moment of crime commission regardless of whether it was registered
or not. In the course of criminal proceeding person is defined as a
victim since the commission of relevant crime led to physical, moral
or property damage, but certain rights and obligations arise only after
the victim sub mitted an application on commission of a crime
against this person with inclusion as a party of a criminal proceeding
and written approval of its status of victim submitted to investigator,
prosecutor or judge; 3) other individuals and legal entities can be
defined as victims in the course of criminal proceeding.
If a crime under Art. 286 of the Criminal Code of Ukraine leads
to physical damage – moderate bodily injury, grave bodily injury or
death – person is identified as a victim according to both definitions.
It means that the very fact of damage itself is a substantial ground to
identify this person as a victim even if this status is rejected by
him/her. Still, Criminal Procedure Code of Ukraine requires the
abovementioned fact to be supported by the application on
commission of a crime against this person with inclusion as a party
of a criminal proceeding and written approval of its status of victim
submitted to investigator, prosecutor or judge.
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