Succesiunea participanților în dreptul procesual-penal comparat
Succession of participants in comparative criminal procedural law

Summary/Abstract: This article discusses the regulation of the institution of the successor in criminal proceedings in the former union republics of the former USSR and its transformations following the declaration of independence by these republics. It starts from the Model Code of Criminal Procedure adopted for the member states of the Commonwealth of Independent States (CIS), which did not have the expected impact, similar to that during the Soviet period. This code was created to harmonize the criminal procedural legislation of the CIS countries with that of the Russian Federation, aiming to establish common legal concepts. An essential aspect refers to “Representatives and Successors.” A comparative analysis of the legislation from various states shows that, in most CIS countries, the transfer of rights of deceased victims is regulated. The criminal procedural legislation of several post-Soviet states does not provide for the succession of legal entities as victims, as they are not recognized in criminal cases. However, in Russia, Belarus, Ukraine, and Moldova, legal entities can be considered victims, which raises questions regarding the succession of their rights. In Azerbaijan, the legislation allows the close relatives of the deceased defendant to become successors in the criminal process, establishing a framework for their participation. This regulation underscores the importance of clarifying the status of successors in criminal proceedings.

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