While only in one case out of a hundred attorney ultimately accepts instructions to represent the victim in court.
These data were made at the conference “Improvement of criminal policies and strengthen guarantees of the rights of victims” held in Federation Council. The conference was organized by the Commissioner for human rights in the Russian Federation Tatiana Moskalkova and the Federation Council Committee on constitutional legislation and state construction.
Explaining why victims so rarely come to lawyers, Vice-President of Federal chamber of lawyers Gennady Sharov said that the current normative-legal acts do not prescribe the manner and amount of compensation of the procedural costs to the victim for payment the assistance of an attorney.
in Other words, the victim of a crime needs a lawyer to pay out of pocket. Theoretically the money you collect from the offender. But the court can drastically reduce the amount of compensation or refuse.
As suggested by Gennady Sharov, it would be expedient to establish the rules and amounts of compensation of the procedural costs to the victim for payment of the assistance of counsel in criminal proceedings, using similar criteria, the amount and terms of such compensation under the rules of remuneration of a lawyer in civil and administrative proceedings.
In turn, a member of the Commission of the Federal chamber of ethics and standards of Vakhtang Fedorov drew attention to the rights of the victims in violation of the reasonable duration of the proceedings.
In his opinion, it is necessary to clarify the provisions of the code of criminal procedure of the emergence of procedural rights and opportunities of the person suffering harm and who is actually the victim, but not formally acknowledged as such. For example, a man was killed. His close relatives are the victims. However, while the investigator will make the appropriate decision, they formally extraneous. And, therefore, it is possible to track the progress of the case and even more so once influence they have is very limited.
According to Vakhtang Fyodorov, to support the spread of the practice of compensation in cases when the violation of reasonable time of proceedings, including in relation to the victim. He proposed to create a formula for calculating such compensation.
by the Way, the Federation Council approved a law giving victims of crime a right to compensation for delays in the case when law enforcement too long not to prosecute.
provided that a reasonable period will run from the date of filing of application about a crime.
If the police will have kicked the injured man on trumped-up pretexts to refuse to initiate criminal case, the state subsequently, by the court to pay the citizen compensatio for red tape.
