Role and Standing of the Victim in the Face of Criminal Procedure

• NCJ Number: 198768
• Journal: International Review of Penal Law Volume: 73 Issue: 1 Dated: 2002 Pages: 259-300
• Author(s): Anna Wergens
• Date Published: 2002
• Length: 42 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses the position of the victim during criminal procedure in Sweden.

Abstract

An important principle to the crime victim is that of consideration, which says that no one should be unduly subjected to inconveniences in the proceedings. Other significant features are the principle of openness and transparency, including the right to public access of documents, and the institution of ombudsmen whose duties are to safeguard the rights of certain groups in society. During the mid-1980's a number of important reforms were set forth in Sweden. One of the most significant was the legislation on counsel for the injured party that puts the victim in a position more equal to that of the offender in the procedure. A new form of compensation, violation through crime for mental suffering, was introduced to compensate the psychological aspects of a crime. Legislation was also introduced for the protection and support of threatened witnesses, crime funds for victims, and the establishment of the Crime Victim Compensation and Support Authority. Sweden applies the partie civil procedure, which assigns damages within the framework of the criminal proceedings. Damages may also be claimed in civil proceedings but the pursuit of a claim in a civil case involves risks such as an obligation to pay the legal costs or a civil suit in the case of unfounded prosecution. The three areas that require more legal development are increased training on crime victims in all professional groups in the criminal justice system, a correct treatment and behavior towards crime victims, and improvement in the provision of information to crime victims. Little research on the situation of crime victims has been conducted in Sweden. The Government has proposed the Crime Victim Compensation and Support Authority to develop a research program to further develop research in victimology. The low inclination of immigrants to report to the police demands further measures such as information about the police and its activities on how to report a crime in minority languages. 155 footnotes, 80 references