The victim enjoys the full right to know, which is not limited to the victim's major rights, but also includes the important progress and information of the case.
The victim's right to know should run through the whole process of criminal proceedings. The people's court should not only earnestly fulfill the obligation of informing before the trial, but also do a good job of informing the victims during the trial and after the judgment.
2. Victims' right to legal aid
Article 11 of the Regulations on Legal Aid stipulates: "In criminal proceedings, a citizen may apply for legal aid from a legal aid institution under any of the following circumstances: …… (2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for review and prosecution; ……"
Article 13 stipulates: "The standards of citizens' financial difficulties mentioned in these Regulations shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the economic development of their respective administrative regions and the needs of legal aid undertakings.
Where the standard of financial hardship of the applicant's domicile is inconsistent with that of the legal aid institution that accepts the application, the standard of financial hardship of the legal aid institution that accepts the application shall prevail. "
3. The victim has the right to appear in court.
China's criminal procedure law does not clearly stipulate the victim's right to appear in court and the court's obligation to inform the victim to appear in court.
In practice, the victim is usually regarded as a witness of the procuratorial organ, which essentially ignores the status of his client and damages the victim's litigation rights in court. Unclear legislation leads to the low rate of victims appearing in court in judicial practice.
4. The victim's right to an independent seat
The Criminal Procedure Law clearly stipulates that the victim is a party to criminal proceedings, so the victim has the right to participate in the court trial process and personally participate in and witness the whole process of trial and judgment.
5. The victim's right to speak in court
Article 229 of the Interpretation of the Criminal Procedure Law: "The court debate shall be conducted under the auspices of the presiding judge in the following order: …… (2) The victim and his agent ad litem shall speak; ……"
Article 453 of the Criminal Procedure Law of the Supreme People's Procuratorate: "If the public prosecutor disagrees with the opinions of the victim and the agent ad litem in the court debate, the public prosecutor shall listen carefully to the opinions of the victim and the agent ad litem and clarify his opinions and reasons."
When the procuratorial organs find that the opinions of the victims and their agents ad litem are inconsistent with themselves in the court debate, they should not suppress or restrict the independent opinions of the victims, but should listen carefully, clarify their opinions and reasons, move people with emotion and convince them with reason, and strive to coordinate their differences with the victims.
6. The victim's right to testify and cross-examine in court
(1) The victim's right of proof in court proceedings includes the right to obtain evidence by himself and the right to apply for investigation and evidence collection.
(2) The victim has the right to cross-examine in court, including the cross-examination of witnesses and physical evidence.
Article 193 of the Criminal Procedure Law stipulates that ... with the permission of the presiding judge, the public prosecutor, the parties, the defenders and the agents ad litem may express their opinions on the evidence and the case, and may argue with each other. "
(1) Ask the defendant questions.
Article 186 of the Interpretation of the Criminal Procedure Law stipulates that ... victims, plaintiffs, defenders and agents ad litem in incidental civil actions may ask questions to the defendant with the permission of the presiding judge. "
Article 198 of the Criminal Procedure Law: "With the permission of the presiding judge, the victim, his legal representative and agent ad litem may ask supplementary questions about the criminal facts interrogated by the public prosecutor; ……"
(2) Ask the witness.
Article 59 of the Criminal Procedure Law: "The testimony of a witness must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for finalizing the case. ……"
(3) the right to ask questions of the appraisers and the right to apply for a person with specialized knowledge to appear in court.
Article 189 of the Criminal Procedure Law: "... public prosecutors, parties, defenders and agents ad litem may ask questions of witnesses and expert witnesses with the permission of the presiding judge. ……"
Article 192 of the Criminal Procedure Law stipulates that ... public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions. ……"
(4) the applicant's testimony in court.
Article 202 of the Interpretation of the Criminal Procedure Law: "The public prosecutor may request the presiding judge to notify witnesses and expert witnesses to testify in court or produce evidence. Victims and their legal representatives, agents ad litem, plaintiffs in incidental civil actions and their agents ad litem may also apply. "
⑤ Identification.
Article 190 of the Criminal Procedure Law: "Public prosecutors and defenders shall present material evidence to the court for the identification of the parties, ..."
6. The right to apply for the exclusion of illegal evidence.
Paragraph 2 of Article 56 of the Criminal Procedure Law stipulates: "... the parties, their defenders and agents ad litem have the right to apply to the people's court to exclude evidence collected by illegal means according to law. If an application is made to exclude evidence collected by illegal means, relevant clues or materials shall be provided. "
7. The victim's right to be protected when testifying
(1) The interrogation rules for victims shall be implemented with reference to witnesses.
Article 213 of the Interpretation of the Criminal Procedure Law: "The following rules should be followed when questioning witnesses: (1) The content of the inquiry should be related to the facts of the case; (2) Do not induce questions; (3) Not threatening witnesses; (four) shall not damage the personal dignity of the witness. The provisions of the preceding paragraph shall apply to interrogation and questioning of defendants, victims, parties in incidental civil proceedings, expert witnesses and persons with special knowledge. "
(2) The victim's rights to personal dignity, personal safety and privacy are protected.
Article 62 of the Criminal Procedure Law: "Crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes and other cases. The people's court, people's procuratorate and public security organ shall take one or more of the following protective measures if the personal safety of witnesses, expert witnesses, victims or their close relatives is threatened because they testify in litigation:
(1) Not disclosing personal information such as real name, address and work unit;
(2) Taking measures such as not revealing appearance and true voice to testify in court;
(3) Prohibiting specific personnel from contacting witnesses, expert witnesses, victims and their close relatives;
(four) to take special protective measures for individuals and houses;
(5) Other necessary protective measures.
Witnesses, expert witnesses and victims who think that they or their close relatives are threatened by their personal safety because of testifying in court may request protection from the people's courts, people's procuratorates and public security organs. "