Parties to Criminal Proceedings PDF Print E-mail


These are agents (public authorities, natural persons, legal entities) that have and exercise influence on the course of proceedings, and to which the law grants certain procedural rights in order to realize this influence or imposes certain obligations.


The subjects of criminal proceedings are in particular:


Authorities involved in criminal proceedings – court, public prosecutor and police authority.


Accused person  – the person, against whom the criminal proceeding is conducted.


Defense counsel – a defense counsel in criminal proceedings may only be an attorney. He is obliged to provide the accused person with necessary legal assistance.


Aggrieved person – the person who was harmed on health by the criminal offense, or to whom was inflicted a property, moral or other harm. The aggrieved person is entitled against the accused person for compensation of damage caused by the criminal offense.


Participating person – a person, whose item was seized or is proposed to be seized. Participating person has the right to make proposals and file remedial measures.


Other persons – these are persons with autonomous procedural defense rights

- certain persons close to the accused person – relatives of the accused person in direct line, his sibling, adoptive parent, adopted child, spouse, partner and unmarried spouse

- probation officer

- authority of social and legal protection of children in proceedings against a juvenile


These persons exercise their procedural rights for the benefit of the accused person in their own name, they have so called autonomous defense right. They may e.g. file an appeal for the benefit of the accused person against a first instance judgment.


Witnesses, experts, interpreters


Parties to criminal proceedings have a special position among the subjects of proceedings, as they possess a statutory entitlement to:

- assert or support the indictment before the court (public prosecutor, aggrieved person, participating person)

- to defend themselves or others against the indictment (accused person).


Other persons, upon the motion or request of which the proceeding is conducted or which filed a remedial measure, have the same position as (e.g. person with autonomous defense rights – spouse of the accused person, if he filed an appeal against the judgment of court of the first instance).

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