EUROPEANIZATION OF CRIMINAL JUSTICE AND LEGAL STATE OF VICTIMS

Abstract

On 1 October 2010, a new Criminal Procedure Code of Georgia entered into force which fully replaced the inquisitional system of criminal proceedings with an adversarial system. The reform affected the institution of victims too, fundamentally changing its role and largely bringing the rights of a victim, in line with the rights of a witness. The result of this is that due to imperfect legislative regulation, victims do not have the possibility to adequately engage in criminal proceedings. Defining such a passive role for a victim is negatively assessed in international and national literature and sources. Therefore, the issue under discussion is what kind of role a victim should have in the criminal justice system. How comprehensive and sufficient is the lawmakers’ position concerning victims? Is there a need to grant additional levers to victims? Could the current system pose a threat to the principle of fair trial?