Abstract
Same person, same story, same deed. Two proceedings and two completely different types of treatment and approach.
This is how we can summarise what victims of crime experience in criminal proceedings and, in addition, in civil proceedings. In fact, the experience of people and bodies working with victims shows that victims often have to use civil proceedings in addition to criminal proceedings to effectively protect themselves and their rights.
However, this is not particularly prepared or adapted to their needs and vulnerability. The difference is all the more pronounced in the case of victims of domestic and sexualised violence, which are the focus of this article.
In fact, according to practical experience, they choose civil proceedings even more often than the criminal route. A specific, gentle approach to victims is crucial in terms of their access to justice, but also in terms of preventing secondary victimisation.
The current legislation provides victims with broad - although certainly not perfect - protection and a special status in criminal proceedings, mainly thanks to the existence of Act No. 45/2013 Coll., on Victims of Crime (hereinafter referred to as the "Victims Act"). However, civil law proceedings do not take into account their needs and special vulnerability1).
Although special treatment of victims even in civil proceedings can be inferred from the general provisions of the Victims Act,2) in the experience of lawyers, advocates and entities working with victims, this does not happen in practice. As a result, this may discourage victims from initiating these proceedings and revictimize them if they do so. While the differences between the proceedings are understandable and necessary, there are points in the civil procedure that could be more appropriately set in relation to victims.