This paper analyzes the concept of the criminal procedural subject through a theoretical, normative, and comparative framework, with particular reference to the position of the injured party and the victim of a criminal offense in criminal proceedings. It begins with the traditional understanding according to which criminal procedural subjects are holders of certain procedural functions – adjudication, prosecution, and defense – and classifies them as principal and secondary subjects. Within this framework, the injured party is defined as a secondary procedural subject, but one with a complex procedural status, as they may simultaneously perform multiple functions (e.g., testifying, initiating prosecution, or submitting a property claim). Special attention is devoted to distinguishing between the concepts of the injured party and the victim of a criminal offense in domestic legislation and international instruments, particularly Directive 2012/29/EU and the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The analysis demonstrates that the concept of a victim encompasses a broader range of rights, including extraprocedural protection, support, and assistance, thereby transcending the traditional procedural framework of the injured party. The paper concludes that harmonizing domestic legislation with international standards requires either the normative recognition of the victim as a distinct procedural subject or the expansion of the existing concept of the injured party, while preserving the adversarial nature of criminal proceedings and ensuring effective victim protection both within and beyond their formal scope.
Marija Milojević (Wed,) studied this question.