Testimony and Explanations of the Civil Plaintiff in Criminal Proceedings: Gaps in Legislative Regulation

The article examines the features of the institution of the civil claim in Russian criminal proceedings, focusing attention on the problems of interaction between criminal-procedural and civil law mechanisms. It analyzes the regulatory framework governing the status of the civil plaintiff and identifies shortcomings in current legislation that hinder the full protection of victims’ rights. The main provisions of the article concern normative aspects determined by the Criminal Procedure Code of the Russian Federation, as well as established approaches in judicial practice. The conclusion is substantiated that the formal structure of criminal proceedings does not correspond to the specifics of civil-law disputes arising as a result of criminal offences. Particular attention is paid to the allocation of rights and duties in relation to proof, and to the issue of recognizing as evidence the testimony and explanations of the civil plaintiff which, although legally significant for proving damage and its compensation, do not formally fall within the list of admissible evidence in a criminal case. Paths are proposed for improving the existing regulation aimed at simplifying the evidentiary procedure and strengthening guarantees for the protection of victims’ interests. The necessity is emphasized of harmonizing the norms of civil and criminal procedure to enhance the effectiveness of institutions protecting the rights of crime victims. Proposals are made to amend criminal-procedural law to give evidentiary value to the civil plaintiff’s explanations. The Author’s conclusions confirm the need to develop the institution of the civil claim to increase access to justice and ensure the principle of full compensation for damage to victims. Based on a study of doctrinal provisions, norms of criminal-procedural and civil legislation, and judicial practice materials, the key features and contradictions of the institution are identified, and ways to resolve them are proposed to ensure effective protection of victims’ property rights.

1. Sushina T. E. Civil Suit as a Part of Criminal Case: Theory and Practice. Journal of Russian Law. 2016;3:136147. DOI: https://doi.org/10.12737/18039 (In Russ.)

2. Luneva A. V., Vorobei S. V. Issues of Implementation of Civil Plaintiffs’ Rights by Themsevs in Criminal Proceedings of Russia. Vestnik Eastern Siberia Institute of the Ministry of the Interior of the Russian Federation. 2018;1:51-55. (In Russ.)

3. Sharov D. V. The Civil Plaintiff in Criminal Proceedings. Judicial Authority and Criminal Process. 2012;1:123-124. (In Russ.)

4. Osodoeva N. V. Interrogation of Civil Plaintiffs and Civil Defendants in Criminal Proceedings. State Service and Personnel. 2020;4:191-192. DOI: https://doi.org/10.24411/2312-0444-2020-10226 (In Russ.)

5. Samoilova Zh. V. The Question of the Participation of a Representative of the Civil Party in Criminal Proceedings. Siberian Criminal Procedure and Criminalistic Readings. 2017;2:102-109. (In Russ.)

6. Treushnikov M. K. Judicial Evidence. 5ed. Moscow: Gorodets Publ.; 2021. 302 p. (In Russ.)

7. Kurylev S. V. Explanations of the Parties as Evidence in Soviet Civil Procedure. Moscow: Gosyurizdat Publ.; 1956. 188 p. (In Russ.)