Kannatanu kriminaalmenetluses - Justiitsministeerium

Estonian criminal law does not provide such instrument but similar testimony is not
forbidden.
Victim supporters movements are very common in the USA and they have an influential
voice when it comes to enacting victims’ rights. In 2004 the Crime Victims’ Rights Act
(CVRA) was approved by the Senate. This statute gives victims a set of rights, most of them
are service rights. The CVRA is primarily based on the victim’s right to be treated with
fairness and with respect for the victim’s dignity and privacy. These rights are now enforced
effectively by the US courts.
As noted earlier, the CCP is obscure when it comes to defining the role of the victim.
Although crime victims in Estonia are not as powerful force as in the USA, they are eager to
put their rights in use. But this is impeded by the poor regulation in the CCP. First of all, the
legislator has to decide whether the victim is a party to a court proceeding or not, keeping in
mind the procedure’s adversarial style. Secondly, the rights of the victims must be formulated
clearly and simply. The easiest way to grant victims their rights is to take example from the
core of the CVRA: victims need fairness and respect. All in all it is not important if a victim
cannot cross-examine the accused. To avoid secondary victimisation, victims of crime need to
feel that they are necessary and not ostracised. That enables them to agree with the output of
criminal proceedings better.
56