person who has suffered damage of a material nature from a criminal offense has the right to file a civil suit.In criminal proceedings, the applicant considered in conjunction with the core business.
Compensation for property damage caused by (elimination of the consequences of the offense) is endowed with exceptional value.A civil claim in the criminal proceedings not only contributes to the stabilization and strengthening of the system of social relations.It becomes possible to achieve a preventive effect on the citizens who have delinquency.
the topic under consideration a claim - it is one of the tricks to bring the property relations in the state in which they were before the crime.In other words, therefore, authorized person or the victim makes a claim for property damage resulting from the unlawful act.Civil suit in criminal proceedings is a direct appeal to the infringer or other persons specified by law (trustees, parents and others) through the investigation, the judicial authorities.
legitimate demands in the framework of this proceedings recognized those based on the specific circumstances - general or specific premises.
general grounds to be considered the origin of criminal damage, as well as the material nature of damage.The special prerequisites include procedural, legal and substantive grounds.
The latter category includes wine, act, damage and a causal link between the damage and the nature of the act.Procedural legal grounds laid down in the relevant legislative provisions.
Specific and general conditions under which civil plaintiff in the criminal process its demands, is a legal guidance to law enforcement.All these reasons, without exception, are required and important.Moreover, establishing their presence in the preliminary, judicial investigation or inquest determines the types of authorization requirements on the merits.
civil suit in a criminal proceeding was (in comparison with other methods to protect the interests of property character) fairly widespread.This is mainly due to the fairly wide range of applications of the method.
A civil action is carried out simultaneously with the criminal case.This can not be stated and discussed, together with the specified business requirements without the material (property) nature.These actions, in particular, the requirements of the deprivation of parental rights of the accused, the recognition of its limited legal capacity, the application for alimony and others.Such requirements are considered in civil proceedings, apart from the criminal.
joint consideration of property claims is due, above all, the importance of establishing the extent of damage.In certain cases, without revealing the amount of damage it is not possible to solve the fundamental question of criminal proceedings.Thus, according to certain categories (for example, cases of theft) to establish the extent of damage has a significant impact on the assessment of the circumstances aggravating or mitigating responsibility, and in some cases even to the absence or presence of a crime.In these situations, determining the amount of damage is an integral part of the criminal process.Under the provisions of the law, the nature and extent of the damage, as well as other circumstances to be proven, endowed with real content in accordance with a particular crime.
