Civil lawsuit, in accordance with the general rules, is considered subject to the provisions of the Civil Procedure Code. However, the law allows for the possibility of presenting it in the framework of criminal proceedings.
Civil plaintiff and civil defendant
An entity having reason to believe that property damage has been caused to him by a crime has the right to file a claim for compensation. A person is entitled to submit claims for compensation for moral damage. Recognition by the civil plaintiff is carried out in accordance with the court ruling, the decision of the investigator / inquiry officer. For damage caused to the victim, the perpetrator is liable. The status of a civil defendant is drawn up by a decision of the prosecutor, investigator, interrogating officer or court ruling.
Production purpose
The appropriateness of considering the application submitted by the victim ( civil plaintiff) in the framework of the criminal case is determined by a number of factors. First of all, the grounds for imputing criminal punishment and for compensation for harm are simultaneously formulated. This is due to the fact that the amount and nature of the damage caused by the crime are included in the subject of evidence, as defined in Article 73 of the Code of Criminal Procedure. In addition, litigation costs are significantly reduced, since the subject gets rid of the need to participate first in criminal proceedings, and then in civil proceedings and pay a state fee. ,
General order
A civil plaintiff may declare his claims after the initiation of criminal proceedings before the completion of the judicial review of the trial in the first instance. In accordance with the principle of dispositivity, the preparation of the application completely depends on the desire and will of the injured person. On its own initiative, the court cannot resolve the issue of compensation for damage if the relevant claims have not been made. However, if the claims were not submitted as part of the criminal proceedings, the victim may act as a plaintiff in a civil case relating to compensation for harm in connection with a crime.
Subjects
The following may act as a civil plaintiff:
- The victim or another person who has been harmed by the crime. In this case, the harm can be both property and moral. Other persons should, for example, include those who are disabled, dependent on a citizen who died as a result of a crime, incurred the burial costs, the owner of the property that suffered damage, and so on.
- The prosecutor. This entity acts as a civil plaintiff with the aim of protecting the interests of the state, as well as minors, partially capable or incompetent, as well as other persons who are unable for one reason or another to independently defend their freedoms.
Important points
Article 44 of the Code of Criminal Procedure (Part 1) establishes that a civil plaintiff may submit claims related exclusively to compensation for harm directly caused by a crime. This means that in a criminal proceeding claims cannot be considered regarding the reimbursement of the amounts that were paid to the victim of a crime, in recourse. For example, these are payments in accordance with an insurance contract, disability benefits, and so on. However, the law provides for the possibility of filing a lawsuit in civil proceedings. It should also be noted that in the framework of criminal proceedings, claims of exclusively property nature are allowed. They should be associated with compensation for either material or moral damage. A civil plaintiff cannot declare a claim of a non-property nature - it will not be considered in the framework of criminal proceedings.
Status Establishment
In accordance with the principle of the protection of human freedoms and interests, the prosecutor, court, interrogating officers and investigators should explain to the entities that have the rights of a civil plaintiff the procedure and grounds for making claims. At the same time, officials may refuse to establish status only if there is obviously no connection between the claimed claims and the criminal offense under consideration. The decision on the recognition of the subject as a civil plaintiff must be communicated to him with a simultaneous explanation of his position in the process. The guarantee of compensation for the claimed requirements is implemented by taking interim measures. They involve the seizure of material assets, including shares and other financial instruments of the accused or persons who are liable for him.
Plaintiff rights
In civil proceedings , as well as in criminal proceedings, entities are vested with certain legal capabilities. In general, we can say that they are almost the same. A victim or other person who has suffered damage in connection with a crime committed may:
- To support the claims declared by him, to give explanations on them. A citizen may provide written documents, things, objects for introducing them to the criminal material as evidence.
- To submit challenges and petitions.
- Give explanations, testimonies in the native language or in the one that he knows. If necessary, the subject can use the help of a translator free of charge.
- Have a representative.
- Do not testify against loved ones and yourself.
- With the permission of the investigator / interrogator, to participate in the activities carried out at his request.
- Be aware of all decisions that affect his interests, receive copies of decisions relating to his lawsuit.
- To study the protocols of investigative measures carried out with his participation. Upon completion of the investigation - get acquainted with the materials that relate to the civil lawsuit, write out any information from the case.
- Refuse the stated requirements.
- Participate in criminal proceedings in court, speak in a debate with the aim of substantiating a lawsuit, study the minutes of a meeting, and submit comments on it.
- Claim complaints about decisions, omissions / actions of the inquiry officer, court, prosecutor, investigator in the part related to the presented property requirements, be aware of the applications brought by other participants, file objections to them.
A person who claims property in a criminal proceeding is required to maintain the confidentiality of information received about the preliminary investigation, if it was warned by the appropriate employee. A similar rule should be followed by the representative of the civil plaintiff .
Burden of proof
The justification of the size and grounds of a civil action is carried out in the general manner provided for in the criminal procedure legislation. The need to use the rule of the Code of Criminal Procedure is determined by the fact that the size and nature of the damage relate to the subject of evidence for the crime. Despite the fact that the requirements of the civil plaintiff are private law, the law refers the applicant to the prosecution. This seems to be quite justified, since the proof of the fact that the crime caused damage to a particular subject, as well as directly the extent of this damage, involves the establishment of the event itself, the guilt of the accused, the existence of a causal relationship between his behavior and the consequences that arose. Accordingly, it is necessary for the civil plaintiff to justify the size and nature of the stated requirements. To this end, he can provide supporting documents, submit petitions for the implementation of various investigative and judicial measures, etc. At the same time, law enforcement officials must also take measures aimed at proving circumstances that are significant for the consideration of a civil lawsuit in court.
Decision
The result of consideration of a civil claim is formalized by the court in a sentence. The document indicates whether the declared requirements are subject to satisfaction, in whose favor and to what extent. In the case of a conviction , the court cannot leave without consideration the declared civil claim. Depending on the evidence of size and grounds, the requirements presented are satisfied in whole or in part. The court may refuse to do so. If there is a need to make additional calculations on the claim, which require adjournment of the meeting, the plaintiff shall be recognized the right to satisfy the claims, and the question of their value shall be referred to civil proceedings. If the verdict was acquittal, the fate of the claims made by the victim will depend on its basis. If the defendant is not involved in the crime or the fact of committing an act is not proved, the civil action will be denied. If the acquittal is based on the established absence in the actions of the accused of corpus delicti, then the requirements are left without consideration. This fact, however, does not prevent the filing of a claim in civil proceedings.