Civil action in criminal proceedings
A person who has suffered damage to the materialcharacter from the committed criminal offense, has the right to file a civil claim. In the criminal proceedings, the applicant's claims are examined together with the main case.
Reimbursement of property damage(elimination of consequences of an offense) is endowed with an exceptional value. Civil suit in the criminal process contributes not only to stabilizing and strengthening the system of public relations. It becomes possible to achieve a preventive effect on citizens who are prone to delinquency.
Within the framework of the topic under consideration,this is one of the techniques that allow you to bring property relations into a state in which they were before the crime was committed. In other words, thus, the empowered person or the victim makes demands for compensation of material damage that arose as a result of an unlawful act. A civil action in a criminal proceeding is an appeal to the direct perpetrator or other persons provided for by law (trustees, parents and others) through investigative and judicial bodies.
Legitimate requirements within the framework of the proceedings under consideration are those that are based on specific circumstances - general or special prerequisites.
Common grounds should be considered the criminal origin of damage, as well as the material nature of harm. The special preconditions include procedural, legal and substantive grounds.
The latter category includes fault, deed, damage, as well as the causal relationship between damage and deed. The procedural and legal grounds are fixed in the relevant legislative norms.
Special and general prerequisites, based onwhich the civil claimant in the criminal process makes his demands, are legal guidelines for law enforcement agencies. All these grounds are without exception mandatory and important. Moreover, the establishment of their presence in the process of preliminary, judicial investigation or inquiry predetermines the types of resolution of claims on the merits.
Civil action in the criminal proceedings wascompared with other methods of protecting the interests of property) is quite widespread. This is mainly due to a fairly wide range of applications of this method.
Consideration of civil action is carried outsimultaneously with the criminal case. At the same time, claims that do not have material (property) character can not be declared and considered together with the specified case. Such claims include, among other things, claims for the deprivation of the parental rights of the accused, recognition of his limited legal capacity, applications for maintenance, and others. Such claims are considered in the civil procedure, separate from the criminal.
Joint consideration of property claimsis caused, among other things, by the value of establishing the size of the damage. In certain cases, without identifying the extent of harm, it is not possible to resolve the main issue of criminal justice. Thus, in accordance with certain categories (for example, cases of embezzlement), the establishment of the amount of damage has a significant impact on the evaluation of circumstances that aggravate or mitigate the responsibility, and in some cases even the absence or presence of a crime. In these situations, determining the extent of harm is an integral component of the criminal process. According to the provisions of the law, the nature and extent of damage, like other circumstances that are subject to proof, are endowed with real content in accordance with a specific crime.