Institute of Civil Law is not the last resort refund criminal consequences.Legal persons, citizens, stateless persons and foreigners have the assurance that their property rights will be protected by the courts.This protection is carried out directly in the form of limitation.
In criminal proceedings, such claim is not the only means of protecting the rights of this kind.Besides him, there is also the restitution.This term refers to the return of property that has been illegally withdrawn.It is also possible reparation of the harm.Note that it is a civil action in the criminal law is the most effective means of compensation for moral damages and compensation for property damage.The procedure for making simple enough.Rules for the claim stated in the Civil Code.
itself a civil action in the criminal case appears requirement that states legally interested person.This requirement is addressed by the first court.
In general, most civil proceedings is not specific to the criminal and civil, arbitration proceedings.Such a claim within the criminal proceedings may be claimed as a request for compensation for moral damages, compensation for any damage.Such an action in defense of the interests of persons not having sufficient legal capacity, minors, as well as those which are sufficient reasons can not independently defend their own rights, is served by the prosecutor, or the legal representative.
civil claim in the criminal proceedings is always considered together with the criminal case.It may be filed in the time period from the date of initiation of the case until the day when his investigation in the first instance is completed.Upon presentation of the state fee is not paid.The civil lawsuit is filed only after a conversation with the investigator - he has to explain what you can supply all.In case of refusal of the investigator the plaintiff is entitled to file it.
civil claim shall be executed by all the rules that apply to such documents in civil proceedings.A person who carries civil liability for the damage that was caused by his offense, subject to criminal proceedings as a defendant or accused.Seizure of property can be a measure of security is considered a civil action.
plaintiff has every right to refuse the claim in whatever moment of the proceedings up to the moment until the court did not go to the conference room.When nolle prosequi or preliminary court proceedings in this part is completed.Again on the same grounds and subject to the same person filed a lawsuit can not be.
The court verdict comes permit a civil action on the merits.It can also be carried out in any other court decision.The court must decide what, in whose favor the case is solved, and the extent to which must be satisfied the interests of the plaintiff.In addition, the court will also have to decide the fate of the seized property.
unresolved issues should not remain.In some cases, all the necessary calculations can not be made during the criminal proceedings - the case will be considered in civil proceedings.The appeal court judgment is possible only in the part which is directly related to the civil suit.The duty of sentences should be entrusted to a bailiff.
