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In the editorial board of journal Pravnik, we strive to ensure that different areas of law are represented in individual issues of the magazine, while at the same time, the criteria for publication in an individual issue is also the topicality of the discussed topic.

Number 11-12/2020

From the Overlooked to the Empowered Procedural Subject? A Rebirth of the Victim in the Criminal Procedure

With historical development, the criminal law outgrew the relationship be- tween the victim and the perpetrator. Criminal offences have become viola- tions of fundamental social values and the response to them became reserved for the state. The victim, which once made its own decision about the punitive response, thus remained particularly the source of information for procedural authorities. The poor position of victims of crime was pointed out by move- ments for the rights of victims of crime, which encouraged reforms of criminal procedures. In Europe, the Council of Europe and the European Union stood up for the strengthening of the position of victims of crime. The author exam- ines rights, which allow the victim to (more actively) participate in the crimi- nal procedure. Such inclusion of the victim into the criminal procedure and consequently strengthening of its position is generally followed by a discussion about the impact of reforms on the fundamental principles of the criminal procedure and the traditional procedural relationships. In the Slovenian regu- lation it has recently transformed into an argumentation of the Constitutional Court of the Republic of Slovenia, which decided that the victim was entitled to the right to appeal in order to protect its procedural rights. An additional step towards the empowerment of the victim was made by the Slovenian leg- islator, when it broadened the victim’s right to appeal against the judgement.

Keywords: criminal procedural law, victim, participation in a criminal proceeding, the victims’ rights directive, ZKP-N.

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Number 1-2/2025

The Limits of Modifying the Description of the Criminal Offence from the Indictment in the Judgment: Interpreting the Requirement of Objective Identity between the Charge and the Judgment

A corollary of the accusatorial principle (Article 19 of the Criminal Procedure Act – CPA) is the requirement of objective identity between the charge and the judgment (Article 354 of the CPA). This requirement mandates that the judgment may be based solely on the act described by the prosecutor in the indictment. The significance of this requirement is twofold. First, by limiting the court’s judgment to the act charged by the prosecutor, it preserves the separation between the procedural functions of charging and deciding on the charge, which is essential for ensuring an impartial trial. Second, it allows the accused to organise their defence based on a specific charge brought against them. If the court were to convict the accused of a different offence, it would deprive them of the opportunity to organise an appropriate defence. In this article, I examine whether a court that perceives an act differently during the trial from how the prosecutor described it in the indictment may adjust the description without overstepping into the prosecution’s role. I explore this question by considering

Key words: identity of the charge and the judgment, objective identity, accusatorial principle, modification of the description of the offence, right to be informed of the accusation, separation of procedural functions.

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