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- Title
JUDGMENTS OF THE CRIMINAL INSTITUTION IN CIVIL LAW.
- Authors
BARBU, Denisa
- Abstract
If the two actions, both criminal and civil, are exercised concurrently within the unique framework of the criminal trial, the joining allowed by the mixed system embraced by the Romanian legislator, according to art. 346 par. (1) C.C.P. the court is obliged to adjudicate in the same sentence on the civil action (art. 25 par. (1) and art. 397 par. (1) C.C.P.]. Therefore, we can talk about the relationship between the two actions. It has been shown that the court can not leave the civil action unresolved, taking note of the declaration of the civil party that it understands its claims to the civil court, and that it has the civil part only in the case of the suspension of the criminal proceeding1. This solution is justified by the fact that once the option for joining the civil action to the criminal action is exercised, this option becomes final as an application of the principle "electa una via non datur recursus ad alteram". The adjudication of the two adjoining actions did not occur in the same sentence, according to art. 346 par. (1) Old C.C.P., in the case of civil action being disunited, according to art. 347 Old C.C.P., due to the delay in solving the criminal action due to civil action. At the same time, the disjunction was mandatory in the case of solving the civil action at the trial of the case in the simplified procedure for the recognition of guilt, if it was necessary to administer evidence, according to art. 3201 par. (5) Old C.C.P.
- Subjects
ROMANIA; CIVIL law; ACTIONS &; defenses (Law); CRIMINAL procedure; LAW; LEGAL judgments
- Publication
Valahia University Law Study, 2019, p65
- ISSN
2247-9937
- Publication type
Article