A Comparative Approach to the Role and Position of Crime Victims in the Criminal Process

It is mentioned that the enhancement of the role and position of crime victims in the criminal proceedings is the result of emergence and promotion of the protective victimology. The study of victims’ participation in the criminal proceedings shows that the influence of perceptions of the protection of victims on the statue systems is different. The statue systems which are originated from Romano-Germanic system of justice such as France and German, the role of victims in initiating and criminal prosecution is more active (meaningful) than those originated from the common law. Still, the role of victims in the common law system of justice is more active than those Romano-Germanic systems of justice. In the penal code of Iran like the penal code of German and France, victims’ participation in the initiating and prosecution is more active whereas its role in verdict stage pronouncement is less (passive). This paper takes the view (with a comparative approach) the role and position of victims in initiating, prosecution of the criminal proceedings and also in the stage of issuing writs (sentencing).