Injured Party – definition
In criminal law, an injured party refers to a person or entity whose legal rights or interests have been directly violated or threatened by a criminal offense. This person has suffered material (economic) or immaterial (non-economic) harm as a result of the unlawful act. The injured party is often considered the victim of the crime within criminal proceedings and may have specific rights to participate in the prosecution, seek damages, or claim compensation.
In jurisdictions such as Poland, the status of the injured party is formally recognized in criminal procedure, granting the individual certain procedural rights. These rights include the ability to initiate claims for compensation for damages resulting from the crime and to take part in the trial process. The concept may extend beyond natural persons to include legal persons, state institutions, or other organizations if their legal interests have been harmed.
Key aspects of the concept
- The injured party suffers material or immaterial harm caused by the criminal offense.
- The harm may involve bodily injury, property damage, or violation of legal rights.
- The injured party has a recognized procedural role in criminal proceedings, including rights to claim compensation and participate in the case.
- The status can be granted by a court, prosecutor, or investigating authority.
- Family members or close relatives may also be recognized as injured parties if they suffer harm from the death or injury of a victim.
- The injured party’s rights and participation do not presuppose the guilt of the accused, preserving the principle of presumption of innocence.
- In case of death or incapacity of the injured party, their rights may be exercised by authorized representatives or relatives.
Examples of use of “Injured Party”
- A person who sustains physical injuries due to an assault is the injured party in the resulting criminal trial.
- A business suffering financial loss from fraud is recognized as the injured party and may seek compensation.
- Relatives of a homicide victim can act as injured parties in court to assert their rights and claim damages.
- An insurance company may become an injured party to the extent it covers damages caused by a criminal act.
See also
- Victim
- Aggrieved Party
- Compensation
- Criminal Procedure