Comparative Study on the Current Situation of the victim during the preparatory phase of Criminal Procedure

In the field of legal science the original concept of victim emerges and is refined in the conjugal criminal "victim-offender?, Therefore, initially there is more victim than the individual, the individual, a subject sets the criminal act itself and the author of contributing to their own victimization. Hence it follows that the victim was understood by the individual subjectively experienced discomfort or pain, a target lesion of a legally theirs. H. V. Hentig and others favored the concept. This definition is very restrictive as it only includes individual behaviors directed against individuals. It is indisputable that organizations, the society itself, the State or the international community can also be victims of crime. In previous work the Seventh United Nations Congress on Crime Prevention and the Treatment of Offenders, victims are defined as all natural or legal persons who individually or collectively have suffered harm including physical or mental injury, emotional suffering, economic loss or impairment of their fundamental rights through acts or omissions that violate national and international criminal law or otherwise constitute serious violations of internationally recognized standards and related human rights, corporate conduct or illegal abuses of power.

Instead the concept of victim acquired vast an area Mendelsohn, as that term structure referring to the individual's personality, but also to the community, as this and that are affected by the consequences of suffering due to factors of fairly diverse physical, psychological, political, social, as well as natural or technical environment. Finally we adopt the concept that: victim is the person or entity holding a legally injured by an act or omission by the criminal offender and other events of different nature in more than one occasion I have had the opportunity to listen in disparate locations and even personally receive comments on the unhappy victims of crime regarding the treatment received by the authorities, and even the prosecutor, during the preparatory phase of various criminal cases. It's no secret that many times these comments are true and well founded. Although our country is not exempt from this though it is true that this occurs to a much lesser extent compared to the vast majority of African countries. the fact is that before the occurrence of certain crimes, it enjoys a treatment of victims "as if they were accused? Therefore suffer from a lack of tact and to the disbelief of certain law enforcement officials, so for example, are repeated interrogations, often unnecessary, on the same side, especially when it comes to sexual crimes, questions the care the victim had the legally protected, mainly when attacking the assets or interests of minors, who are blamed for failing to protect the keepers.

Sometimes there is no care and no sufficient foist them directly to blame for the crime experienced when it is not, or is associated with provocation or contribution untested, in many cases, with emphasis on crimes that target sexual freedom in the very trial of the accused advocates direct their speech to the misrepresentation of the role of the victim, thus also contributing, not in the research phase, but in the trial stage, to disturb, to upset and suffering of those who came to the process for protection and especially justice, which no doubt is reversed in a state of frustration that affects the prestige of the prosecution system. I consider that, subject to the limitations that has the current procedural law, much could be done to avoid situations in practice exacerbate the effects of secondary victimization, as shown is the perspective of the citizen who suffers directly and relatives and friends who know her, causing as much or more than their own discomfort caused by the crime and therefore must also change the conceptions of the victim are many people who in one way or another involved in research and in the channeling and resolution of criminal proceedings.

There is evidence that levels of the police there is not always properly trained on how agents should behave in any way involved in the complaint and first steps with respect to the victim, so it is with some researchers and instructors, sometimes discretionary decisions are made on the prosecution without adequate assessment and the consequent appreciation of the true size and extent of the damage and the worst is that the victim is informed of the decision. As it is very easy to see, this way of proceeding Joins the harm it brings to victims failure to record with other procedural means to challenge the relevant complaint, the latter in the end after abundaré. The police, as the first line of contact, assessment, response, information on rights and procedures to be followed by the victim plays an important and irreplaceable role not only in treating the emotional state that typically takes a person who comes to your protection, but also what he brings to the public trust that should be subject to more crimes are reported to be clarified much more than they illuminate in practice, because it is undisputed that the contribution of the victim is essential for the further prosecution of comisor.

Melup Irene saying: "The police must be seen by a friend and protector, not an authoritarian and frightening symbol? as an entity nor indifferent to the concerns of staff affected by the crime, no matter how insignificant it may seem much less distorted understanding of the problems you have raised is the most important issue facing you and move it indifference, abuse, doubts, callousness and unjustified delays, inter alia incorrect to assume the role it plays, it causes much damage to the victim and directly experienced by the crime, not to mention the evil that it causes the institution and the criminal justice system in general. Prosecutors on the other hand are not always inclined to entertain the victims in depth the extent of damage suffered, both economic and otherwise, and the facilities have to demonstrate to what extent they feel affected, not always see the victim potential to contribute to the full elucidation of fact and assessment to obtain elements to facilitate their effective role accuser and projection to the claim of just compensation and make decisions at times harmful to the victims and determine workarounds or permanent without providing the appropriate knowledge, succeeding in any case, hearing the victim only has the option of establishing a complaint, with the possibility apart from booking procedure would have to establish itself as private prosecutor, right, that is, is the only remarkable that the law of criminal procedure provides, but it is worth pointing out here that can be counted on the fingers of the hands where it has been used, do not think properly because of the inaccuracies and concise law regulating the matter, but also by the lack of information, effective representation and even general culture and tradition on the subject, given the historical treatment that have been victims in the criminal proceedings and subjective situations that have to do with the practical treatment they receive from the criminal justice system operators, are taxed negatively on the enjoyment of the privilege.

In the more than 5 years of study and observation of the subject, many of them devoted to investigate whether other colleagues have known facts which the prosecution abandoned by the prosecutor has been executed by an individual affected only reference I have had three cases and only one of them ended with a penalty for the accused. In review process yet had the experience "of a case? where a victim, through a complaint that led to this procedure promoted by the President of the Supreme Court, because as the wife of the deceased was not notified of the order of dismissal that interested the Prosecutor, the case that she was abroad when the decision was made and the court understood with a son of the deceased, who made relinquish their rights, do not know if due to ignorance, lack of proper guidance, or for other reasons, but the truth is that it is a example of the misunderstanding and the vision we have of the victim, as in this case acted with restrictive and as such had only the child who was contacted, and we wonder, is the wife is not a direct victim allegedly criminal action that took the life of her husband?, when there are multiple victims, such as several children, spouse, parents, notify only one of them is fulfilled the process of providing the opportunity for private prosecution?; what if it occurs, as in the case I present, that all victims are not aware of any reason, the dismissal agreement?.

The law is sparse in the statement and my view is one of the shortcomings that are added to the only possibility for victims to institute criminal proceedings, except to the crimes with which complaints are processed. Victims in court as a witness appearing more and come to the act of the trial without being properly advised on have the possibilities of restitution, reparation or compensation for damage sustained and whether it is moral character, the possibilities of mitigating the depend so much suffering and orientation of the deal to take the examination to undergo. If all this we add that the offender has a real chance, by itself or through third parties, on lobbying of all types to ensure the victim a radical change that is favorable, these pressures, subject to reaching constitute a crime of assault of the figure that the legislature envisioned to protect witnesses, or people who have contributed in some way to clarify the crime, usually are not rejected by society, but are seen as a means of protection they are entitled to the comisor of crime and not as an offense and suffered heavily than the consequences, we can conclude that the victim, from the point of view, is displaced in our criminal justice system and from the point of Given the practical application of the few privileges that the statute, is relegated to the background, because in the view of many of the criminal process operators have not led to the idea that, much as it is for the defendant, suffered the problem of crime is one of the most acute, diligent, relevant and distressing problem that is facing the direct or indirect victim as they are also members of society, we must urgently and serve justice, as much as we are with respect to comisor crime.