Guide for Policymakers. On the Implementation of the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

摘要

In modern criminal justice systems, victims of crime and abuse of power can rightfully be called the 'forgotten persons'. Considerable attention has deservedly been paid to ensuring due process for the defendant. It is the defendant who is threatened with State-imposed punishment, and he or she should therefore be allowed all possibilities of establishing his or her innocence. However, corresponding attention has not been given to the rights and interests of victims. It has been assumed that the State represented the best interests of society, including those of victims. Accordingly, there did not seem to be a need for special provisions on the role of the victim in judicial proceedings. The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34, annex, of 29 November 1985) was adopted by consensus in the General Assembly in 1985, and thus reflects the collective will of the international community to restore the balance between the fundamental rights of suspects and offenders, and the rights and interests of victims. The Declaration is based on the philosophy that victims should be adequately recognized and treated with respect for their dignity.