Legal encyclopedia. Letter D

CIVIL LAW IN CRIMINAL CASE.

A civil action in a criminal proceeding may be brought both for the purpose of reimbursing property damage caused by a crime, and for property compensation for moral damage. He is presented by a civil plaintiff, namely a natural or legal person who filed a claim for compensation for property damage, if there are grounds to believe that the damage was caused directly to him by a crime.

A prerequisite for the recognition of a natural or legal person as a civil plaintiff is the existence of a causal link between the commission of a crime and the occurrence of the harm specified in the statement of claim.

The law does not impose any special requirements on the content of the statement of claim in the criminal case. Consequently, the form and content of the statement of claim in criminal and civil cases is similar. In addition, since the claim may be

Is presented irrespective of the identification of the person to be brought in as an accused, it does not need to indicate the data on the civil defendant and other requisites characteristic of the statement of claim in civil proceedings.

According to Part 2 of Art. 44 of the Code of Criminal Procedure of the Russian Federation, a civil action is brought after the institution of a criminal case, but before the end of the preliminary investigation. However, the rule on limiting the time for bringing an action by the period of the preliminary investigation does not exclude the possibility for a person to whom a crime was harmed to declare a civil claim also in the proceedings in a criminal case in court. Consequently, a civil claim can be made in court before the start of the judicial investigation in connection with the need for its proof in the course of the judicial investigation.

A civil action in defense of the interests of minors, persons recognized incompetent or limited

In accordance with the procedure established by the civil procedure

Legislation, persons who for other reasons can not themselves defend their rights and

Legitimate interests, can be brought by their legal representatives or the prosecutor, and in defense of the interests of the state - by the prosecutor. In addition, the prosecutor is charged with declaring a civil action if he was not declared by the civil plaintiff at the preliminary investigation stage.

Civil law grants the plaintiff the right to support the statement of claim, give explanations for the suit, and refuse to file a civil claim. However, before the rejection of the claim, the investigator, investigator, prosecutor, the court must explain to the civil plaintiff the consequences of the refusal of the claim. The refusal of the claim can be claimed by the civil plaintiff at any time during the criminal proceedings, but before the court is removed to the advisory room for the verdict. The refusal of a civil action entails the termination of the proceedings on it.

In addition, the plaintiff has the right to get acquainted at the end of the investigation with the materials of the criminal case relating to the civil suit he has filed, to write out any information from the criminal case and in any amount, to know about the decisions that have been taken that affect his interests and to receive copies

Procedural decisions relating to the civil suit brought against him, to appear in the court debate to substantiate the civil claim, to appeal the verdict, the ruling, the ruling of the court as it relates to the civil action.

The civil claimant has the right to apply for measures to secure the claim. However, irrespective of the petition of the civil plaintiff, the inquirer, the prosecutor, the investigator, with the consent of the prosecutor, in order to ensure the enforcement of the verdict in the part of the civil claim, may initiate proceedings before the court in the manner of art. 115 of the CCP RF petition for seizure of the property of a suspect, accused or persons who are legally liable for their actions.

The seizure of property consists in a prohibition addressed to the owner or possessor of property, to dispose of and, if necessary, to use it, as well as in seizing property and transferring it for safekeeping. The arrest can not be imposed on the property indicated in the List of property that is not subject to confiscation under a court sentence provided for by the PEC. If a civil claim was filed at the preliminary stage

Investigation, but the arrest of the property of the suspect, accused or persons legally responsible for their actions was not imposed, the judge, at the request of the victim, civil plaintiff or their representatives or the prosecutor has the right to issue a resolution on taking measures to ensure compensation for harm caused by the crime .

According to Part 4 of Art. 42 of the Code of Criminal Procedure on the claim of the victim for compensation in monetary terms of the moral damage caused to him, the amount of such compensation is determined by the court when considering a criminal case or by way of civil proceedings. However, when passing a conviction, the court should strive to satisfy the claims of the civil plaintiff in the framework of criminal proceedings. If it is necessary to make additional calculations related to the civil claim, requiring the adjournment of the trial, the court in the order of Part 2 of Art. 309 of the Code of Criminal Procedure may recognize the civil claimant's right to satisfy a civil claim and refer the issue of the amount of compensation for a civil claim for consideration in civil proceedings.

In the event that the person did not show

A civil suit in criminal proceedings, it is entitled to present it in the civil proceedings.