The aggrieved party as the person most closely related to the accused under the provisions of article 177 of the Criminal Code

Abstract

The subject of the considerations contained in this article is the concept of „the person most closely related”, as referred to in Article 115 § 11 of the Criminal Code. The study presents the ways of understanding this term presented in the jurisprudence and legal literature, and also evaluates them, pointing out the shortcomings and advantages of each approach. The above analysis is not detached from practical aspects. It is made against the background of the criminal act under Article 177 § 1 of the Criminal Code. After all, if the aggrieved party is only the person most closely related to the accused, the prosecution of this crime is carried out at his complaint. On the correct determination of whether the aggrieved party can be considered a person most closely related, the possibility of holding the perpetrator criminally responsible for the committed act is thus dependent. With the prosecution of an act under Article 177 § 1 of the Criminal Code at the complaint of the aggrieved party who is the person most closely related, there are also some implications in procedural terms related to, among other things, the determination of the authoritative moment for the requirement to obtain a complaint for the prosecution or the impact of criminal proceedings on misdemeanor proceedings.