Who is considered a victim? A victim is a person who has suffered physical, emotional, property damage, or economic loss as a result of a crime. For example, in Canada, if the victim has died or is unable to act on their own behalf, the right to act on their behalf is granted to the victim's spouse, close relative, or legal guardian. Unlike Georgia, in Canada a victim has the right to file a complaint if they believe that a federal department is not protecting their rights.
What rights does a victim have in Georgia? In Georgia, the rights of victims are quite limited. In 2014, legislative amendments were made, and victims were given the opportunity to access criminal case materials on site. The Constitutional Court case "Khvicha Qirmizashvili, Gia Fatsuria, and Gvantsa Gagniashvili and 'LLC Nikani' v. Parliament of Georgia" was satisfied. Before this decision, a victim had the right to appeal only in cases of particularly serious crimes, but after the Constitutional Court's decision, the victim was granted the right to appeal the prosecutor's decision on recognition as a victim (granting victim status) within 48 hours, first to a superior prosecutor, and in case of refusal, to apply to the court in the jurisdiction where the investigation was conducted. The victim has the right to use the services of a lawyer, but to this day is not recognized as a party to the proceedings. Under the Criminal Procedure Code, the victim is granted all the rights and obligations of a witness. The victim has the right to: know the substance of the charge presented to the accused; receive information provided by the Criminal Procedure Code regarding procedural actions; receive reimbursement of expenses incurred during participation in the process; reclaim property temporarily seized during the investigation and court proceedings as needed; request special protective measures in case of danger.
