Collective Bodies in criminal trials. Repercussions on the individual dimension. (Discussant)

The crisis of various areas of civil society has influenced the “choice” of jurisprudence which has allowed an expansion of the participation in the criminal trial of bodies with collective interests. We have come to give recognition, to these bodies, of the rights and faculties attributed to the person offended by the crime (Article 91 Criminal Code), of ad adjuvandum of the public prosecution, of the admissibility as a civil party in criminal trials. This is frequent in criminal trials regarding crimes of ill-treatment against family members, persecutory acts, sexual violence. From a living law perspective, according to the constitutional principle of fair trial the result appears harmonious: the good affronted by the criminal conduct has two entitlements and two compensatory dimensions, the individual and the collective ones. However, the support of collective bodies to defend the interests of the crime victim could involve the risk of a weakening of individual self-determination.