Damages caused by crime
Protecting human rights requires the provision of a citizen, who suffered from crimes, such rights, which will provide him the opportunity to actively defend their interests in criminal proceedings.
In accordance with the requirements of civil law damage caused by the breach of legal relations, shall be recovery full.
The civil suit in criminal proceedings has a dual legal nature - substantive and procedural. In material nature he is a civilian in the broad sense of the term, but on procedural - Criminal Procedure. His material nature is determined by the branch of substantive law, the rules which govern the disputed material and legal relations that arose between plaintiff and defendant From which the first derives its claim to the second, procedural - a procedural form, through which \u0026quot;triggered\u0026quot; a substantive plaintiff\u0026#39;s claim .
Since the claim for compensation for crime material damage shall be presented and considered in the criminal process, then, naturally, and its procedural nature may be only of criminal procedure.
The norms contained in Articles 28, 50, 51, 52, 123 and 124 of the CCP, such attributes are displayed claim In particular:
- 1) who has right to sue (a person who has suffered material losses the crime, his authorized representative, in cases prescribed by law the prosecutor);
- 2) who is responsibility for damage damage ( accused or persons who are legally the property responsibility for his actions);
- 3) Who may be made claim for damages (bodies that are criminal proceedings )
- 4) Who and in what order to consider ( Court with criminal case That is, in criminal procedure).
All these elements are combined civil action in criminal the process Who | what | can give a definition.
The civil suit in criminal proceedings - A requirement of a victim who has suffered material (moral) damage of crime, its authorized representative or the prosecutor in his interest to a suspect, accused or defendant, or to persons who bear financial responsibility for his actions, compensation for the damage, which declared the body of inquiry, investigator, prosecutor, judge (court) criminal case the beginning of the trial.
Despite all the importance civil action in a criminal case In practice it is often possible to observe its underestimation, which harms the work and the implementation of one of the basic principles of criminal process Protection of rights and legitimate interests natural and legal persons who participate in it. Examination and analysis of court cases shows that in many cases civil action in a criminal case not considered as damage affected Not refundable. So most often occur because the investigators and the body of inquiry is not always explain to the victims or their representatives the right to reparation Caused by crime.
Failure by practitioners as required by applicable law reparation Caused by a crime not only leads to red tape and the incompleteness of the investigation But the rejection of those who committed crimes to compensate them damage .
Civil plaintiff the person, company, institution or organization, which caused damage of crime and who filed a claim on his recovery . Civil person has the right to contact the law office for legal advice .
The owner, who damage Often there is not one but two opportunities to recover: from the rightful owner ( counterparty to the contract ), If he failed to maintain the property and directly from the person guilty of causing harm - Accused person or persons who are legally the property responsibility for his actions. Which of them choose to protect the right violated - solves owner. In some cases, it would be more profitable make a claim for damages the owner, particularly if there are grounds for reparations in full and actual reimbursement will be made promptly and in others - directly to the person guilty of causing the damage, saying this civil action in a criminal case . It is clear that the presentation of the owner of the requirement damages until the last preclude the property owner is also present civil suit about the same subject and on the same grounds . However, if the title-holder to reimburse the owner of the damage in whole or in part, he also had property losses and thereby obtains within made them right to the reimbursement asserting claims directly responsible for damage for compensation of losses. Therefore, it must also be recognized as a civil plaintiff in Criminal Case .
Also, according to Art. 50 of the Code civil plaintiff in a criminal case be an enterprise, institution, organization, which suffered material loss from crime and file a claim for its recovery. This rule applies to cases where entity imposes a requirement on moral compensation . However Court in the case should find out on that really caused a legal entity moral damage What it specifically is, to determine its size, which may be grounds the claim or denying it.
Bring a civil action on Criminal Case competent not only the person who has suffered material loss directly from the crime, but also prosecutor if required by national security or public interests or the rights of citizens.
Plaintiffs in this case are the physical and legal persons on whose behalf was filed lawsuit And not the prosecutor. These persons are the subjects of controversial material relationships need Protection its subjective right Breached by a crime, and only on the subjects of legal relations subject to material legal implications of court decisions brought by the Prosecutor lawsuit . Therefore, in the case brought by the Prosecutor for the State or individuals to claim they should be notified about this and explained the statutory procedural rights and obligations (Article 51 CCP).
In turn, citizens and legal persons, for which the prosecutor presented civil suit Have the right abandon the claim or change its size. However, if the court finds that such waiver is contrary to the law or violate someone rights and interests which are protected by law, he accepts it and is considering a lawsuit on the merits.
Timely, based on the law of recognition of faces civil plaintiff creates the necessary preconditions for real protect his property rights and interests and at the same time is an important guarantee of property interests of persons Victims From crime. However, such recognition may not be earlier than would be filed application for compensation property damage, that is instituted civil action in criminal proceedings .
Hence is civil plaintiff not automatically, but only after the submission of the claim and the recognition it so the relevant decision of the person, which leads the inquiry, the investigator, prosecutor, judge, or court order.
For legal advice on compensation Caused by crime to contact the legal experts. We guarantee legal support to attorneys and lawyers at any stage of criminal proceedings, the provision of qualified Legal consultations direction attorneys requests public and private enterprises, institutions, organizations and drawing procedural documents .