Victims as Plaintiff in criminal procedural law

Background

It is the third year in a row that I submit an application and project description to the department. This year, too, the project is characterized by a victim perspective based on weight-imological research. Over the past year, however, the main focus has shifted from the overall and broader umbrella term[1] of victims [2] to the subcategory, and the procedural figure,  plaintiff[3]. The primary procedural focus of the project is based, in short, on the following. It is relevant to investigate and update the state of knowledge around the concept of plaintiffs. The latest investigation is nearly 50 years old and focused primarily on plaintiff status in prosecutions and trials. A broader study has so far not been carried out in the doctrine of jurisprudence to any great extent. At the same time, the victim perspective has been given an increasing importance in the criminal policy discussion, in the field of behavioural science as well as in both national and international law.  However, comments have also been made on the costs incurred by the rights of the plaintiff in the proceedings, which has also led to legislative changes in this area. The project is not only socially relevant, but also original in that part a broader and more in-depth approach is intended to be taken regarding the purpose, effectiveness and real meaning and function of the plaintiff institute for victims.

Overview

The research project is based on the treatment of the procedural path to victim status. Central to the project is therefore the definition of the plaintiff by the Code of Procedure (RB), which can be found in Chapter 20. Section 8, 4 pcs. The overall aim is to analyse the effectiveness of the plaintiff figure and its raison d’être. In order to do this, it is necessary to examine at least the following issues.

 

  1. What is the purpose of the plaintiff figure?
  2. Has the purpose of regulation changed over time and in line with the development of the right of plaintiffs and the concept of victims of crime?
  • How is the purpose realised through current regulation and application of the law?
  1. What are the other norms regarding victims of crime in criminal, compensation and social legislation, but also in European law?
  2. What, or what needs, justifies a victim’s involvement in the criminal proceedings? And what does participation mean, both for the individual and for the outcome of the process?

[1] Prior to previous years’ application, professors Anna Kaldal, Claes Lernestedt and Mårten Schultz have been told and committed to acting as supervisors and making comments. Ahead of this year’s application, Anna Kaldal has commented on the application.

[2] “Victims of crime” is a difficult-to-define umbrella concept, the material content of which is largely determined, defined, by legal regulation (and application). Contributing to the construction of the ‘victim’ is, in particular, criminal, procedural and compensation regulation. There are also elements, for example, in social and preventive legislation.

[3] 2020 project description submitted as an annex to the application.