A person who has suffered material damage from a criminal offense has the right to file a civil suit. In criminal proceedings, the applicant's claims are considered together with the main case.
Compensation for property damage (elimination of the consequences of the offense) is endowed with exceptional value. The civil lawsuit in the criminal process contributes not only to the stabilization and strengthening of 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 discussion, a statement of claim is one of the methods that allow bringing property relations into the state in which they were before the crime was committed. In other words, in this way, the authorized person or the victim makes claims for compensation for material damage resulting from an unlawful act. A civil lawsuit in a criminal process is an appeal to the direct violator or other persons stipulated by law (trustees, parents and others) through investigative, judicial authorities.
The legitimate requirements in the framework of the proceedings under consideration are those that are based on specific circumstances - general or special premises.
The common grounds should be considered the criminal origin of the damage, as well as the material nature of the harm. Special prerequisites include procedural and substantive grounds.
The latter category includes guilt, act, damage, as well as a causal relationship between damage and act. Procedural and legal grounds are enshrined in the relevant legislative norms.
Special and general prerequisites, on the basis of which the civil plaintiff in the criminal process makes his claims, are legal guidelines for law enforcement agencies. All these grounds, without exception, are 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.
The civil lawsuit in the criminal process received (in comparison with other methods of protecting interests of a property nature) quite widespread. This is mainly due to a fairly wide range of applications of this method.
The consideration of a civil claim is carried out simultaneously with the criminal case. At the same time, claims that have no material (property) character cannot be declared and considered together with the indicated case. Such claims include, in particular, claims for the deprivation of the parental rights of the accused, recognition of his limited competence, statements about alimony and others. Such requirements are considered in civil proceedings, separately from criminal proceedings.
A joint review of property requirements is due, among other things, to the determination of the extent of damage. In certain cases, without identifying the amount of harm, it is not possible to resolve the main issue of criminal proceedings. Thus, in accordance with certain categories (for example, embezzlement cases), the determination of the amount of damage has a significant impact on the assessment of circumstances aggravating or mitigating responsibility, and in some cases even on the absence or presence of a corpus delicti. In these situations, determining the amount of harm is an integral component of the criminal process. According to the provisions of the law, the nature and extent of the damage, as well as other circumstances to be proved, are endowed with real content in accordance with a specific crime.