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- Title
CONTROVERSIES REGARDING THE TIMING AND MANNER OF CONSTITUTING A CIVIL PARTY IN THE CRIMINAL CASE.
- Authors
BARBU, Denisa
- Abstract
As a consequence of the mixed system of actions in the criminal proceedings, the injured person who has not been a civil party in the criminal trial may introduce, in order to compensate for the damage caused by the offense1, respectively by the deed which is the object of the criminal action, expressly regulated by the provisions of art. 27 par. (1) C.C.P. Also, according to the current regulation, in case the conditions required by art. 20 par. (1) and (2) C.C.P., the reparation of the damage can no longer be carried out in the criminal proceedings, but the civil action before the civil court remains open, according to the express provisions inserted in art. 20 par. (4) C.C.P. These provisions are intended to create a partial sanction to the detriment of the injured person who has dismantled the provisions of the law which were intended to create the possibility of exercising civil action in the criminal proceeding, without penalizing it fully, thus without depriving him of the right to appeal to civil jurisdiction. Also by sanction, art. 25 par. (6) C.C.P. provides that the claim for damages can no longer be settled by the criminal court, but only by way of a separate action at the civil court, provided that, due to passivity, the term of at most two times stipulated in art. 24 paragraph (1) and (2) C.C.P. for the exercise of civil action by or by the successor.
- Subjects
CRIMINAL procedure; CRIMINAL courts; DEEDS (Law); CIVIL rights; CRIMINAL trials; ARBITRATORS
- Publication
Valahia University Law Study, 2019, Vol 34, Issue 2, p57
- ISSN
2247-9937
- Publication type
Article