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Legal Position of Injured Party in Alternative Resolution of Criminal Cases

Publication at Faculty of Law |
2018

Abstract

This contribution focuses on the possibilities of enforcement of the injured party's rights and respecting its interests in the alternative resolutions of criminal cases by applying some of the divergencies in criminal proceedings. It points out a meaning of the injured party's consent to the application of the legal institution of settlement.

The author takes a critical stand on the plea bargain agreement negotiation contrary to the injured party's interests, not only with respect to the damages claimed in criminal proceedings, but contrary to its interest on getting a satisfaction in the form of the punishment of the criminal offender by a sanction corresponding to the seriousness of the impacts caused to the injured party by the crime.