The Civil Law Institute is not the latest means of redressing criminal consequences. Legal entities, citizens, stateless persons and foreigners have guarantees that their property rights will be protected in court. This protection is carried out directly in the claim form.
In criminal proceedings, such a claim is not the only means of protecting such rights. Besides him, there is also restitution. This term refers to the return of property that was illegally seized. It is also possible to smooth out the damage. Note that it is a civil lawsuit in criminal law that is the most effective means of compensation for moral damage and compensation for property damage. The submission procedure is quite simple. Rules for filing a claim are registered in the Civil Code.
In itself, a civil lawsuit in a criminal case appears to be a requirement that a legally interested person claims. This requirement is addressed to the first court.
In general, lawsuit proceedings are most characteristic not for criminal, but for civil, arbitration proceedings. Such a claim in the framework of criminal proceedings may be filed as a request for compensation for moral damage, compensation for any damage. Such a lawsuit in defense of the interests of persons who do not have sufficient legal capacity, minors, as well as those who, for sufficient reasons, cannot independently defend their own rights, is filed by the prosecutor or legal representative.
A civil lawsuit in criminal proceedings is always considered together with a criminal case. It can be presented in a period of time from the moment of initiation of the case until the day when its investigation in the first instance is not completed. Upon presentation of the state fee is not paid. A civil lawsuit is filed only after a conversation with the investigator - he must explain whether filing is possible at all. If the investigator refuses, the plaintiff remains entitled to file it.
A civil lawsuit must be filed in accordance with all the rules that apply to such documents in civil proceedings. A person who bears civil liability for the damage that was caused by his crime is involved in a criminal case as a defendant or accused. Seizure of property may be a measure to secure the civil lawsuit in question.
The plaintiff has every right to refuse the lawsuit filed at any time during the proceedings until the moment the court leaves for the deliberation room. If the plaintiff refuses the claim, preliminary or judicial proceedings in this part shall be completed. Again on the same basis and subject to the same person a lawsuit cannot be filed.
In a court verdict there is a resolution of the civil claim on the merits. It may also be carried out in any other court decision. The court is obliged to decide in whose favor the case is decided, as well as in what extent the interests of the plaintiff must be satisfied. In addition, the court will also have to decide the fate of the seized property.
Unresolved issues should not remain. In some cases, all necessary calculations cannot be made during criminal proceedings - the case will be considered in civil proceedings. An appeal against a court verdict is possible only in that part that is directly related to the civil lawsuit. The duty to execute sentences should be assigned to the bailiff.