Rights of a Crime Victim in a Russian Criminal Case

A person harmed by a crime in Russia does not become a victim automatically. Article 42 of the Criminal Procedure Code (UPK) says that a victim is an individual who suffered physical, property or moral harm, or a legal entity whose property or business reputation was damaged, and that the status is conferred by a decision of the inquiry officer, investigator, judge or court, issued without delay once a criminal case is opened. From that moment the victim has a list of procedural rights, from giving testimony to appealing a verdict.

Foreigners and Russians living abroad are in the same position as anyone else when the crime took place in Russia. This guide explains how the status is obtained, what rights it brings, how compensation works through a civil claim, what duties the victim carries and how to act when the investigator is passive.

How to Become a Victim

The status begins with a report of the crime and a decision to open a criminal case. The investigator or the inquiry officer then issues a decision recognising the person as a victim, and the person receives a copy. If the harmed person is not yet known, the decision is made as soon as the data are available.

A person who has reported a crime but has not received a decision on the status should ask for it in writing. Without the status, he cannot use the rights of Article 42, including access to the case materials.

The victim may be a company. A legal entity acts through a representative, whose participation does not remove the rights of an individual victim where both exist.

Core Rights

Article 42 gives the victim the right to know the charges, to testify, to present evidence, to file motions and challenges, to use an interpreter free of charge and to testify in his native language or another language he speaks. He may have a representative.

The victim may take part in investigative actions carried out at his request with the investigator's permission, review the protocols of the actions in which he took part and the decisions on expert examinations and the experts' opinions. When the investigation ends, he may review the case materials, make notes and copy them, including with technical devices.

In court, the victim participates in the hearings, speaks in the debates and supports the prosecution. He may appeal actions and decisions of the investigator, inquiry officer, prosecutor and court, and appeal verdicts and rulings.

Compensation Through a Civil Claim

Property damage and related costs, including the fees of a representative, are compensated under Article 131 of the Code, according to the rules in Article 42. The victim files a civil claim in the criminal case and the court decides it together with the verdict.

Moral damage is set by the court either inside the criminal case or in separate civil proceedings. The victim chooses the route, and the choice depends on the evidence and on how fast the criminal case is likely to be resolved.

A civil claim in a criminal case saves the victim a separate lawsuit and the state duty, but its fate is tied to the criminal case. If the criminal case is closed without a verdict, the civil claim may be left unresolved, and a separate lawsuit may be needed.

Duties of the Victim

The victim must appear when summoned and may be brought by force if he fails to appear without a good reason. He must not give false testimony or refuse to testify, and must not disclose the data of the preliminary investigation if he has been warned about it.

The victim also submits to examinations and expert procedures where his consent is not required and provides samples for comparison. These duties apply to a person abroad as well, so he should arrange for testimony through the procedures that the investigator uses for a person outside the country, or travel to Russia when it is necessary.

If the victim feels at risk, he may ask for security measures under the special provisions of the Code. The request goes to the investigator or the court.

Representatives and Language

A victim may have a representative, who can be a lawyer. For a victim who does not speak Russian, the interpreter is provided free of charge, and the victim may testify in his own language. All documents handed to him are translated or explained, and the investigator records the language used.

A legal entity's representative must present documents that confirm his authority. For a foreign company, these are the register extract, the power of attorney and the translation.

When the crime led to death, the rights of the victim pass to a close relative or another close person. The relatives should ask for recognition of the status at the start.

If the Investigation Stalls

Article 42 gives the victim the right to appeal the actions and decisions of the investigator and the prosecutor. A complaint to the head of the investigating body or to the prosecutor is the first step, and a complaint to the court under the Code's special procedure is the second.

The victim keeps copies of every application and the proof of its delivery. He may ask for information on the progress of the case, file motions for specific investigative actions and follow the decisions on suspension or termination of the case.

A decision that closes the case should be read carefully. The victim receives a copy and has a period to appeal it, so he should note the date of receipt.

Practical Checklist

Report the crime in writing and keep the receipt. Ask for the victim status. Gather the evidence of the harm: bills, bank statements, medical reports, photographs. Prepare a civil claim with a calculation. Appoint a representative if you are not in Russia, with a power of attorney valid for criminal proceedings. Keep a calendar of the summons and the appeal terms.

The attorney represents victims in criminal cases, prepares civil claims and complaints and communicates with the investigator on behalf of clients abroad. First review covers the report, the case status and the evidence of harm.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.