Civil action

The Institute of Civil Law is not the latest means of reimbursement of 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 this kind of rights. In addition, there is also restitution. This term refers to the return of property that was illegally seized. It is also possible to repair the damage caused. Note that it is a civil suit in criminal law is the most effective means of compensation for moral damage and compensation for property damage. The procedure for filing is quite simple. The rules of registration of the claim are registered in the Civil Code.

By itself, a civil action in a criminal case is a requirement that a legally interested person claims. This requirement is addressed to the first court.

In general, the lawsuit is most characteristic not for criminal, but for civil, arbitration proceedings. Such a claim in the criminal proceedings may be claimed as a request for compensation for harm to the moral, compensation for any damage. Such a claim in defense of the interests of persons who do not have sufficient legal capacity, minors, as well as those who for sufficient reasons can not independently protect their own rights, is filed by the prosecutor or a legal representative.

A civil action in criminal proceedings is always considered together with a criminal case. It can be presented in a period of time, starting from the moment of initiation of the case and up to the day when its investigation in the first instance is not completed. Upon presentation, the state fee is not paid. Civil action is filed only after a conversation with the investigator - he must explain whether it is possible to feed at all. With the refusal of the investigator, the plaintiff has the right to file it.

A civil action must be executed in accordance with all the rules that are imposed on such documents in civil proceedings. A person who bears civil liability for the harm caused by his crime is brought to the criminal case as a defendant or accused. Seizure of property may be a measure of securing the civil claim in question.

The plaintiff has the full right to refuse the action brought at any time during the proceedings until the time when the court goes to the advisory room. If the claimant refuses the claim, the preliminary or judicial proceedings in this part are completed. Again, for the same reason and subject to the same person, the claim can not be filed.

In the court judgment, the civil claim is resolved on the merits. It can also be carried out in any other court decision. The court is obliged to decide in whose favor the case is being decided, and also to what extent the interests of the plaintiff must be satisfied. In addition, the court will also have to decide the fate of the property seized.

Unresolved issues should not remain. In some cases, all necessary calculations can not be made during criminal proceedings - the case will be considered in civil proceedings. Appeal of a court verdict is possible only in the part that is directly related to a civil suit. The duty of execution of sentences should be assigned to the bailiff-executor.