October 19, 2010

What does it Look Like for a Victim to “Participate” in the Romanian Criminal Justice System?

In the Romanian system, a victim of crime (whether that person be a parte vatamata or a parta civila) has the right to file complaints, make statements to the prosecution and the court during the trial, and make statements to the court at sentencing if the offender is convicted.

In the Romanian system, a victim of crime (whether that person be a parte vatamata or a parta civila) has the right to file complaints, make statements to the prosecution and the court during the trial, and make statements to the court at sentencing if the offender is convicted.  Generally, a victim’s live testimony is not mandatory for prosecution and trial.  

While it is unusual in a complex internet fraud case, a court may summon a victim to take the victim’s deposition (even if the victim has made a statement to the prosecutor), or to clarify something that the court is reviewing, after the court or the prosecutor decides that the deposition is necessary for trial.  In these situations the prosecutor can ask that the court allow the deposition by videoconference.