Abstract

In the article, the author attempts to analyse the status of the victim (injured party) in the Polish criminal procedure. The analysis is based on presentation of the so-called presumption of injury. Therefore, it has been emphasized that granting of a victim status under the criminal procedure results from adoption of a presumption, supported by substantiated factual evidence. The subject is analysed in comparison with the presumption of innocence. When the trial ends with a conviction, the presumption of innocence falls, whereas the presumption of injury holds, which means that a person’s status as a victim is confirmed, whereas in case of an acquittal the presumption of innocence falls, which means that such a person should lose such status. The author analyses specific issues, e.g. the possibility of filing cassation by the victom in case of a conviction. The analysis leads to formulating critical conclusions and putting forth de lege ferenda proposals.