Who is a “Victim” in the Romanian Criminal Justice System?
October 21, 2010
To be recognized as a “victim” with the right to participate in the criminal process in the Romanian criminal justice system, a person must file a formal complaint. These complaints (and the accompanying evidence) must be received by the Romanian prosecutor or the court through “official channels”, which usually means the Federal Bureau of Investigation (FBI). The Romanian criminal procedure recognizes two types of victims:
1. Parte vatamata. A parte vatamata is a victim who was defrauded or preyed upon but has suffered no monetary loss from the fraud (for example, a victim who is able to stop a money transfer in time). This victim files a complaint, detailing the facts of the crime and indicating that there was no monetary loss. This victim can still participate in the criminal case in the ways described below.
2. Parte civila. A parte civila is a victim who has suffered a monetary loss from the fraud. This victim also files a complaint, detailing the facts of the crime as well as their losses, and participates in the criminal trial in the ways described below. This victim can also, however, seek restitution (discussed below).
The primary difference between these types of “victim” is that only the second one, the parte civila has the right to restitution (which is money) from the offender(s).