Victim refers to the infringed party (including the legitimate rights and interests of personal property), which is common in news and law now, but there is no clear definition at present.
Although the word "victim" is common in news and laws and regulations, it does not specifically refer to the infringement of criminal cases. Anyone whose legitimate rights and interests have been violated can be called a "victim"
Extended data:
Definition of victim:
In a public prosecution case, the victim is one of the parties and plays the role of a witness to a certain extent; If he files an incidental civil action, he becomes the plaintiff of the incidental civil action and enjoys the litigation rights of the parties. In a case of private prosecution, the victim is a private prosecutor and enjoys the status of a party.
The main difference between the victim and the witness is that the victim has a direct interest in the outcome of the case. Its litigation rights include: the right to accuse a crime; Have the right to participate in court investigations and debates; Have the right to file an incidental civil action when suffering material losses;
If you are not satisfied with the decision of the people's procuratorate to exempt from prosecution or not to prosecute, you have the right to lodge a complaint. At the same time, the victim has the obligation to abide by the court order and truthfully report the case to the judicial organ, and may not exaggerate the criminal act or fabricate facts or frame others.
The victim refers to the person whose legitimate rights and interests have been infringed by criminal acts in criminal cases. Victims in a broad sense include victims of private prosecution cases in criminal proceedings; It also includes victims of public prosecution cases in criminal proceedings. The victim in a narrow sense only refers to the victim in a public prosecution case. In criminal proceedings, the victim belongs to one party and occupies the position of plaintiff.
The victim's legal provisions:
The "victim" is one of the "parties" in criminal proceedings stipulated in Article 108 of the Criminal Procedure Law, which exists in most criminal cases. The Criminal Procedure Law does not make a special definition of "victim", but combined with other provisions,
For example, in the second paragraph of Article 110, "a victim has the right to report or accuse a criminal fact or criminal suspect who infringes on his personal or property rights to a public security organ, a people's procuratorate or a people's court", and so on, the victim refers to "a person whose personal, property rights or other legitimate rights and interests have been infringed by a criminal act".
In some criminal cases, criminal acts have caused losses to the property of the state and the collective, so the second paragraph of Article 101 of the Criminal Procedure Law stipulates: "If the state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution."
This means that in some criminal cases, the state and the collective may also become "victims". There are also some criminal acts that have not caused actual personal or property losses, and there is no clear and specific "victim" among the parties in such cases, such as the crime of endangering public security, which has not caused damage consequences.
Rights of victims:
1, the victim has the right to report or accuse to the public, procuratorial and legal organs;
2 dissatisfied with the decision not to file a case, have the right to apply for reconsideration;
3. The public security organ or the people's procuratorate shall have the right to bring a lawsuit directly to the people's court if the defendant is not investigated for criminal responsibility according to law;
I'm sorry about the decision to sue. I have the right to appeal according to law? [2];
5. Have the right to file an incidental civil action;
6. Have the right to entrust an agent ad litem;
7. Have the right to participate in court investigations and debates;
8. Have the right to request the people's procuratorate to lodge a protest against the judgment of first instance;
9. Have the right to appeal against the effective judgment, etc.
Baidu Encyclopedia-Victims
Baidu Encyclopedia-Victims