Cietušā statusa attīstība Kriminālprocesa likumā un tā piemērošanā

Refinement of the legal status of the victim has progressed significantly since the enactment of the current Criminal Procedure Law (CPL) on 1 October 2005, following Latvia’s accession to the European Union. This dynamic process has been shaped by the evolving nature of crime both in Latvia and across the EU. The section of the monograph titled “Development of Legal Status of Victim in Criminal Procedure Law and Its Application” explores this evolution from the CPL’s entry into force in 2005 to the present day. The central focus of the analysis is the legal status of crime victims. The discussion encompasses views expressed by Latvian legal scholars – including Prof. A. Meikališa, Prof. K. Strada-Rozenberga, Dr. G. Kūtris (head of the working group that drafted the CPL in 2001), Dr. I. Kronberga, and Prof. V. Jakubaņecs – as well as authors from other EU Member States, such as Prof. Emeritus C. Roxin (Germany), Prof. Emeritus J. Herrmann (Germany) and Dr. G. Biciunas (Lithuania). The decisions of the The Department of Criminal Cases of the Supreme Court of the Republic of Latvia (Senate) in the archive of case law decisions of the Senate of the Supreme Court would also be examined in relation to Chapter 6 of the CPL “Victims and the representation thereof” (Sections 95–108), which were also used in the analysis of the problems of the legal status of the victim (Database of case law decisions of the Supreme Court, 2025). European Union’s legislation contains provisions on the protection of victims’ rights, especially concerning victims of violent offences. The provisions of the CPL implement the relevant norms, including guarantees of the rights of a specially protected victim, but there are problems in the effective application of these norms, which arise outside the scope of the CPL. The author has offered some proposals for the development of the rights of victims under the CPL. Overall, the past two decades have seen considerable progress in strengthening victim protection in the CPL. These developments include the introduction of enhanced safeguards for particularly vulnerable groups, such as children, minors, victims of violence, and victims of human trafficking. The status of a specially protected victims has been reinforced, alongside the incorporation of relevant EU directives aimed at safeguarding victims’ rights. Continued improvements in legislation and practice are necessary to ensure that the CPL remains aligned with contemporary EU standards.