The passive subject and the victim - Fluctuations in case law

Abstract

The victim is a concept of both substantive law and criminal procedure. The interpretation of his concept was significantly influenced by the introduction of the substitute private prosecution. Action as a substitute private prosecutor may depend on the definition of the victim. Indirectly, the regulation of the right to complain during the investigation and the practice of law enforcement (prosecutors) are also closely related to the change and transformation of the rights of the victim. Finally, the new rules on prohibition to exercise professional activity in a novel dimension also directly influenced the definition of the victim.