THE POSITION OF JUVENILE AS AN INJURED PARTY IN CRIMINAL PROCEEDINGS

Abstract

This paper analyzes the procedural position of juvenile as an injured party, which is specific due to the insufficient physical, psychological and emotional maturity of this category of witness, but also due to the severity of the consequences that affect him. Competent authorities, and especially the public prosecutor before whom the juvenile injured party gives a statement for the first time, which is used as evidence in criminal proceedings, must express a professional, but also a protective attitude towards the juvenile, in order to ensure a clear, realistic and reliable statement and to eliminate measures of secondary victimization. In this context, there are a number of legal instruments that guarantee the protection of the rights and treatment of the victim, such as: the mandatory appointment of a representative, the prohibition of confrontation with the defendant, the granting of the status of a especially vulnerable witness, etc. Their goal is to focus the proceedings on protection, help, support and attention to the victim, who was the victim of a serious crime, usually with elements of violence. It is also very important that criminal court also decide in judgement regarding property right claim in order to avoid the filing of a civil lawsuit and going through the judicial protection mechanism again. That is an effective way to exercise the rights of the juvenile victim and to fillfull implementation of international standards, which should be followed in future practice.