Contemporary concepts of the victim of a criminal offence in criminal law theory

Abstract

The article analyzes contemporary concepts of the victim of a criminal offense in of criminal law theory: “victim – natural person”, “victim – natural person and legal entity”, “victim – any social entity”. Their advantages and disadvantages are identified. It is established that the provisions of the Criminal Procedure Code of Ukraine of 1960 and of 2012 had a crucial influence on the concept of the victim in criminal law.

It is established that the search for the most optimal concept of the victim requires a revision of criminal law in order to identify all entities that can claim to be a victim of a criminal offense. The list of such entities will probably not be limited to physical and legal entities only, but will also include other social entities. However, it does not mean that all of them should be recognized as victims of criminal offenses in criminal law.

It is argued that currently the prerequisites for the enshrinement of a definition of the injured person in the Criminal Code of Ukraine have been established, which will include not only natural persons but also legal entities. This concept is consistent with the provisions of criminal, criminal procedural and civil law, has found support among scholars, and is the basis for the improvement of the relevant provisions of the law on criminal liability in the draft of the new Criminal Code of Ukraine. Natural persons and legal entities are the primary links of other social actors, including the State and society. Instead, there is no need to recognize society and the State as victims of criminal offenses, as the Code of Criminal Procedure of Ukraine does not permit the exercise of the rights and freedoms of such actors, given the lack of appropriate tools.