Filing a civil lawsuit is a procedure that is often carried out in modern legal practice. In what type of process is it used and what subtleties does it have? Consider all the nuances in more detail.
General concept
What is a civil lawsuit? In accordance with the content of the procedural legislation, such a document is an act filed in a criminal process according to the rules of civil procedural legislation. A civil lawsuit may be brought before the end of the judicial investigation, but the legislator also does not prohibit doing this after the completed proceedings and if there is a decision made on it. The content of such a statement, as a rule, indicates a claim for reimbursement of expenses, as well as certain damage caused by one party to the other as a result of unlawful acts.
It is important to note that all issues related to who is entitled to bring a civil lawsuit in criminal proceedings are regulated by criminal and civil procedural laws in force in the Russian Federation.
Criminal lawsuit: value
It is worth noting that a civil lawsuit may be filed during criminal proceedings. It is important to understand that its presentation has a dual nature, expressed in both material and legal aspects.
If you examine this type of act from a procedural point of view, then it is a part of the criminal proceedings. However, do not forget that in parallel with this, a civil lawsuit can be based on the norms of tax, budget, civil labor or any other law.
In addition to all of the above, it is worth noting that filing a civil lawsuit in a criminal trial is far from the only way to compensate for damage caused by the guilty party. Another act, which is often filed by the injured party during criminal proceedings, has a similar effect - restitution, which contains the requirements for the return of property that was illegally seized from the victim.
Procedural legislation provides another possibility of compensation for damage - smoothing out the harm caused. Unlike all the above methods, this is implemented solely on the initiative of the guilty party (as a rule, to mitigate the punishment).
Filing a civil lawsuit as the exercise of the rights of the defendant and the plaintiff
It is important to understand that the fact of filing a civil lawsuit is nothing but one of the forms of realization of the law. Such a judgment of practicing lawyers is connected with the fact that, on the occasion of the consideration of such a statement, the restoration of the person’s legitimate interests, as well as his rights violated as a result of another person committing an unlawful act is restored.
A civil lawsuit is one of the most important legal remedies for a person. When applying to the court with him, the applicant sends a specific substantive claim. As for the procedural and legal requirement, it is addressed directly to the court, which, in turn, makes a decision regarding coercion of the defendant to satisfy the stated requirements, as well as to fulfill legal and material obligations arising from the content of the claim. From here one can safely judge that the civil lawsuit filed in the criminal process is designed to create a dispute about the law.
Features of the lawsuit
The procedural legislation of the Russian Federation defines some features of the civil lawsuit. They are concluded primarily in a special time frame for applying. In accordance with the provisions of the Code of Criminal Procedure of the Russian Federation, it is possible to file a civil lawsuit in a criminal proceeding at any time, from the moment a case is brought up to its final resolution in the court of first instance.
It is also worth noting that in the case of a civil suit in a criminal case, the applicant is exempted from the obligation to pay the state fee.
Who can sue?
Procedural legislation indicates a list of persons entitled to present the document in question. On the basis of the Code of Criminal Procedure of the Russian Federation, these include all those persons (both legal and private) who have suffered any type of damage as a result of the commission of the act in question. It is important to note that in fact it often happens that a civil lawsuit is filed to compensate for non-pecuniary damage in property form.
It is worth noting that those persons who act in the interests of the injured persons also have the right to file a civil suit. In fact, the prosecutor quite often acts as such, which provides legal protection for minors and incapable persons. A civil lawsuit may be brought by the prosecutor in defense of the interests of those who, due to some circumstances, are not able to defend their own rights on their own. As for the process of filing an application by the prosecutor, it is no different from what is established for ordinary citizens and legal entities. In addition to all of the above, it is worth noting that the prosecutor also filed a civil suit in defense of the interests of the state.
Civil action forms
In accordance with the law, a civil action can be brought not only in writing, but also orally. In any case, the material provided by the person must be attached to the case. If the statement was made orally, then its essence should be included in the minutes of the meeting.
In that case, if at any stage of the proceedings the person refused to file a civil claim, this does not deprive him of the right to use this opportunity later.
Many people who have suffered damage as a result of any actions of a person of an unlawful nature sometimes have doubts about the possibility of bringing the type of lawsuit under consideration in cases where the guilty person has not yet been established by the investigation. Practicing lawyers note that at this stage of the investigation, the fact of filing a civil lawsuit takes place.
On the content of the civil action
It is important to understand that the procedural law establishes special requirements for the content of a civil claim, which all applicants must comply with. What should be in its content? A number of mandatory information include:
- the exact and full name of the court to which the application is submitted;
- the name of the applicant or his personal data, if the plaintiff is a private person (the personal data must include not only the name, but also the address of the person's residence, his contact details);
- name of the defendant;
- the nature of the threat or violation that occurred;
- basic requirements of the applicant;
- claim price;
- circumstances that serve as the basis for suing with reasonable evidence;
- a list of those documents that are attached to the application, if any;
- date of the claim.
A civil lawsuit must be signed by the applicant or his official representative, legally authorized to sight.
Civil Court Judgment Options
At the end of the actual criminal proceedings, the judge is obliged to make a decision on the civil suit. How can it be? Procedural law allows three options for a decision on such a statement:
- full or partial satisfaction of the requirements;
- refusal to satisfy the claim;
- on making another decision regarding the fate of property taken into custody during the investigation.
It is important to note that the judge’s verdict regarding the requirements of a civil lawsuit must be executed under the supervision of a state bailiff.
What to do if a lawsuit has been dismissed?
In practice, it sometimes happens that a judge leaves a civil lawsuit filed by the injured party without consideration and, as a result, without movement. It is important to note that from a legal point of view, such a fact is not an obstacle to filing claims in a separate civil proceeding.
In this situation, the person concerned must go to a local court or magistrate with a statement of claim, in which the requirements regarding compensation for material or moral harm should be formulated as clearly as possible. Further consideration of such a case should be carried out in civil proceedings.
About additional penalties in a civil lawsuit
What penalties (other than damages) can be made in a civil action? The list of those is given in the content of the procedural legislation, in Art. 88 Code of Civil Procedure of the Russian Federation. The specified source says that the composition of the costs admissible by means of a civil lawsuit includes the costs incurred by the party during the consideration of the case, as well as the amount of state fees.
What costs are recognized as legal costs? The law provides that a number of such include:
- witness costs;
- the layer's services;
- the work of specialists (experts, translators, etc.), if any, were involved in the process of considering substantive issues;
- expenses related to the actual loss of time;
- costs associated with paying for accommodation and travel of third parties involved in a criminal case;
- postage costs.
Can a lawsuit be brought in a civil proceeding?
The legislator notes that a civil lawsuit may be brought in a criminal case before it is closed, but in practice such a document is often filed in the framework of civil proceedings. In what situations is this possible?
The procedural law provides for the existence of the possibility under consideration when a civil lawsuit was not simply filed during the criminal proceedings in the case to which it relates.
Moreover, such an opportunity exists in situations where, in the framework of criminal proceedings, the requirements stated in the act were left without consideration.
It is important to note that in the situation under consideration, a civil lawsuit may be brought if there is a court decision in a criminal case. It is important to note that the requirements specified in the content of such a claim may differ radically from those that were previously put forward by the party during the criminal case, but they must be substantial and proportionate.