Introduction

Traditionally, the accused is at the very centre of the criminal process and he or she is afforded rights and protection in order to ensure a fair process. The opposite party is the prosecutor, in modern criminal systems primarily a public prosecutor representing the public interest in prosecuting crimes. But where does that leave the victim who, to be sure, also has interests in the process? Domestic systems address this issue in different ways. Generally speaking, an adversarial process, based upon two opposing parties before a neutral court, leaves little room for providing the victim with a strong and independent participatory role. Also, where private prosecutions are allowed if the public prosecutor is not pursuing the case, or where victims may play a subsidiary prosecutorial role when a public prosecution is instituted, the two-party process is basically retained. On the other hand, the more active role of the judge in an inquisitorial process, and consequently a less clear-cut two-party design, leaves a greater scope for victims to participate in their own right. Regardless of the system, however, victims play an important role as witnesses in the criminal process, a role that may be compromised if the victim also has an independent function in the same process.

Domestic systems also vary with respect to the victim's right to obtain compensation from the perpetrator of the crime.