Cap. 539 Art. 6Right to receive information on the case.
(1) A victim shall be notified without unnecessary delay of his right to receive the following information about the criminal proceedings instituted as a result of the complaint made by him and upon request, the victim shall receive information on:
(a) any decision not to proceed with or to end an investigation or not to prosecute the offender;
(b) the time and place of the trial, and the nature of the charges against the offender;
(c) any final judgement in a trial;
(d) information enabling the victim to know about the state of the criminal proceedings, unless in exceptional cases the proper handling of the case may be adversely affected by such notification:
Provided that in the circumstances cited in paragraphs (a) and (c) and unless in the case of a verdict in a trial by jury or where prohibited by law, the information shall include reasons or a brief summary of reasons for the decision concerned: Provided further that it shall not be necessary to furnish such information in cases where the victim, as injured party, has been served with the notice of first hearing or admitted into the proceedings as provided in article 410(4) and (5) of the Criminal Code.
(2) A victim shall be offered the opportunity to be notified, without unnecessary delay, when the person remanded in custody, prosecuted or sentenced for criminal offences concerning the said victim is released from or has escaped detention and of any relevant measures issued for his protection in case of release or escape of the offender.
(3) A victim shall, upon request, receive the information provided for in sub-article (2) at least in cases where there is a danger or an identified risk of harm to him, unless there is an identified risk of harm to the offender which would result from the notification.
(4) During criminal investigations:
(a) interviews of victims shall be conducted without unjustified delay after the complaint with regard to a criminal offence has been made to the Executive Police;
(b) the number of interviews of victims is kept to a minimum and interviews are carried out only where victims would have refused such representation, in an explicit manner and in writing, or unless a reasoned decision has been made to the contrary by the investigating Police Officers, wheresoever they are of the opinion that the person chosen may create conflict of interest in the investigation;
(d) medical examinations are kept to a minimum and are carried out only where strictly necessary for the purposes of the criminal proceedings.
Änderungsgeschichte
- Amended by XVII.2021.2
Verweist auf
- Cap. 539 Art. 410