

Michał Surówka
advocate
SURÓWKA Law Firm
Rights of the victim of a crime (victim) – What to do? How to behave?
WHAT TO DO? HOW TO BEHAVE IN THE FACE OF A CRIME?
It is worth emphasizing that this article is of a general nature. For an individual consultation, please contact Attorney Michał Surówka directly at 883-921-775 or via email at adwokat.m.surowka@kancelariasurowka.pl. The law firm is based in Krakow but provides services throughout the entire country.
How to behave when facing a crime? Unfortunately, the rights of the Victim in Poland remain a mystery to many people. Often, they do not know what course of action to take when they suspect a crime has been committed against them. The significant stress, often accompanied by trauma from such situations, as well as the lack of awareness regarding the rights of crime victims in our country, certainly do not make it easier to make optimal decisions. This can result in costly mistakes and ineffective attempts to achieve a satisfying resolution of the entire case.
In this article, we explain, among other things: who is defined as a crime victim, what steps they should take, and what rights the Victim has in criminal proceedings.
Who is a crime victim? What actions should the Victim take?
What rights does a person harmed by a crime have? To understand this issue, we must start with the basics. The selection of the appropriate course of action for the Victim, i.e., the person whose legal interest (such as health in the case of assault or injury, property in the case of theft or robbery, assets in the case of trust abuse in a company—Article 296 of the Penal Code, financial interests in the case of presenting false documents in a public procurement in which we are participants, evasion of alimony payments, or simple fraud, etc.) has been directly violated or merely threatened by the actions of a potential perpetrator, should depend on the type and nature of the crime the person has fallen victim to.
It is obvious that if we have fallen victim to, for example, a robbery (theft using force), i.e., an unexpected, dynamic event where we often have no information about the perpetrators, it is usually crucial to immediately notify the Police. They can immediately initiate, for example, a search for the vehicle of a specific make used by the perpetrators, secure surveillance footage from a nearby store or ATM, or secure traces at the crime scene.
However, if we have fallen victim to, for example, fraud or long-term psychological or physical abuse, or sexual harassment, i.e., a crime that typically consists of many actions spread over time, which do not require immediate interruption or securing evidence, it is advisable to notify the law enforcement authorities in the form of an appropriately prepared written notification of the crime. As an attorney in Krakow, I assist in preparing such notifications for my Clients, based on a thorough analysis of their situation.
How to write and when to file a notification of a crime being committed?
Currently, most prosecution offices, especially in large cities, including Krakow, are overwhelmed with cases that are disproportionate to the number of prosecutors employed. Many prosecutors are forced to manage or supervise as many as 150 cases simultaneously, which causes significant delays in taking actions, and charges are often filed after a year from the notification of a possible crime. In this context, the Victim of a crime should ensure that the notification of a possible crime is of the highest quality, meaning it should contain a reliable and, as far as possible, complete description of the crime, evidence requests for the interrogation of specific witnesses, conducting inspections, showing the images of potential perpetrators, requesting documents from various authorities and companies, or identifying the owner of a given phone number, providing billing information, and all documents related to the case should be properly described and attached to the notification, specifying the purpose of their inclusion. Proper legal argumentation is also desirable—the more accurately selected, the potentially more effective.
This is determined by pure practice and the necessity of a rational approach because law enforcement agencies will take prompt action most effectively when we provide them with the appropriate groundwork. From my own practice, I know that prosecutors, as well as police officers, act faster and more efficiently when the case is not associated with the arduous task of uncovering all the details from scratch, especially when dealing with a crime victim who is often inexperienced in criminal matters and a cunning alleged perpetrator.
In this regard, I see a role for a lawyer well-versed in the rights of the Victim in criminal proceedings. It is worth consulting them with the case even before submitting the notification of the crime. Often, in cases such as stalking, abuse, sexual harassment, or extortion, etc., it is necessary to consider how to prove the perpetrator’s behavior to avoid a “he said, she said” situation. Failing to prepare the evidence in advance and provide it to law enforcement in the notification can result in the refusal to initiate proceedings or the dismissal of already initiated proceedings. When entrusted with the case, the lawyer should, in close consultation with the Victim, prepare a comprehensive, complete notification of the possible crime and, depending on the type of case, request the interrogation of the Victim as a witness. The crime victim should be aware that the lawyer can file the notification on behalf of their Client and it is not necessary for the Victim themselves to take action in this regard.
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When to file a complaint about the inaction of law enforcement or the dismissal or refusal to initiate proceedings?
When discussing the rights of the Victim in criminal proceedings, it is important to address a specific issue. The attorney of the victim or the victim themselves should be informed within 6 weeks of submitting the notification of a possible crime whether an investigation or inquiry has been initiated or whether it has been refused. However, this is only an advisory time frame, and it is often completely ignored by law enforcement agencies.
For the rights of the crime victim to be properly upheld, it is essential to monitor the course of proceedings and be aware that the Victim has the right to file a complaint about the inaction of law enforcement authorities, as well as a complaint about a potential refusal to initiate proceedings or the dismissal of the case. In the complaint, one should typically list the issues and actions that law enforcement has overlooked and convince the court that the case should be sent back to the prosecutor’s office for further investigation. The complaint must be filed within 7 days of the decision being delivered, but if this deadline passes, it is still possible to take action to restore the opportunity to file the complaint.
Regarding the discussion of the Victim’s rights, we must once again emphasize the importance of well-prepared documentation by a lawyer. The higher the quality of the complaint, the greater the lawyer’s knowledge and creativity, the higher the chances of persuading the court of the Victim’s arguments and achieving the reversal of an unfavorable decision to refuse to initiate proceedings or dismiss the case.
Who is the subsidiary prosecutor? What rights does a subsidiary prosecutor have?
Another important issue when discussing the rights of the Victim in criminal proceedings is the institution of the subsidiary prosecutor. If the prosecutor submits an indictment against the alleged perpetrator of the crime, a person who was previously only a Victim in the case can become a subsidiary prosecutor.
The subsidiary prosecutor participates in criminal proceedings, either personally or through their attorney, alongside the prosecutor. Their role is to support the prosecution, ensure the protection of their interests, and seek the conviction of the perpetrator. They may also, if applicable, seek compensation for the harm suffered or damages.
An important right of the subsidiary prosecutor is that they can appeal against any verdict that is favorable to the accused in any respect, meaning they have the ability to control the correctness of the court’s actions throughout the entire trial. Therefore, it is generally advisable not to forgo the role of subsidiary prosecutor, because by not taking on this role, the Victim deprives themselves of the ability to influence the course of the case.
When to file a statement of intent to act as a subsidiary prosecutor?
How can a Victim exercise their right in criminal proceedings to become a subsidiary prosecutor? To take advantage of the rights of a subsidiary prosecutor, the Victim must submit a statement of intent, preferably in writing. This should be done as early as possible after receiving the notification about the referral of the indictment to the court (the Victim or their attorney must identify the case number at the court and mention it in the document), but no later than at the beginning of the trial, after the court checks the presence of the parties.
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Is it worth being afraid to report a crime? What rights does a victim have in criminal proceedings?
When considering reporting a crime, it is important to remember that the current criminal procedure provides several protective mechanisms for crime victims. What rights of victims should be highlighted in this context?
In the protocols accessible to the accused, defendants, and their lawyers, the residential addresses or work addresses of victims, subsidiary prosecutors, and witnesses are not disclosed, to prevent intimidation or any form of undue influence. The same applies to all other documents in the case file.
Additionally, the court has the ability to remove the accused from the courtroom during the testimony of the victim or any other witness, in order to spare them additional stress and allow them to speak freely and fully. It is also possible for the victim to testify remotely. Furthermore, at the beginning of the proceedings, the prosecutor can impose a ban on the alleged perpetrator approaching the victim and others, as well as a ban on contacting them in any form.
In the most serious cases, when the threat to the victim’s or witness’s health or life is significant, the victim’s lawyer should seek protection for their client during specific activities (e.g., traveling to the trial, participating in it, and returning), or even request permanent personal protection from the police under the Act on the Protection and Assistance for Victims and Witnesses.
SURÓWKA Law Firm offers professional assistance to victims of various crimes. Our practical skills and excellent knowledge of the area of victims’ rights in criminal proceedings allow us to accurately assess the client’s situation, prepare high-quality legal documents such as notifications of a possible crime or complaints about the refusal to initiate or dismissal of proceedings, and provide professional legal support at all stages of the process.
It is important to emphasize that our expertise in criminal law in Krakow is not the only area of our specialization. SURÓWKA Law Firm also specializes in fields such as:
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