The Polish criminal law aims to protect rights of aggrieved people. Therefore, they are entitled to a number of special rights in the course of the proceedings. It is worth enumerating some of them:
- Complaint -an aggrieved person is entitled to question some decisions taken during the proceedings, especially when he or she is a party (in the preparatory proceedings). For instance, an aggrieved party can lodge a complaint against refusal to institute proceedings.
- Redress of damage - an aggrieved party can file a petition with the criminal court to adjudicate on the perpetrator's obligation to redress damage. If the perpetrator is convicted, the court is obliged to grant the petition.
- Subsidiary indictment - after a public prosecutor dismisses the case twice already during the preparatory proceedings, the aggrieved party can individually prepare and bring indictment to the court.
- Preparatory proceedings - as a party to the preparatory proceedings, the aggrieved person has a right to file motions to take specific evidence and certain actions in the proceedings (including a motion to the court to hear a witness if there is a danger that this person cannot be heard during the judicial proceedings). Furthermore, the aggrieved person has a right to get acquainted with the material from the proceedings.
On the other hand, the aggrieved person has also certain duties, especially those resulting from the fact that most frequently he or she has the status of a witness in the proceedings. Thus, the aggrieved person has to fulfil all obligations of a witness, for example to appear when summoned by the authority conducting the proceedings. The aggrieved party must notify the authority of a change in his or her place of residence (otherwise, documents sent to the previous address shall be deemed served).
Furthermore, if criminality of the act depends on the aggrieved person's health, he or she cannot refuse inspection of the body and medical tests (unless they entail a surgery or observation in a medical facility). What is important, the aggrieved person is authorized to appoint an attorney in the proceedings to represent him or her and help exercise his or her rights in the criminal procedure.
[Legal status as at July 2015]