THE IMPOSSIBILITY OF BEING CONSTITUTED AS A CIVIL PARTY IN THE CASE OF THE CRIME OF „LEAVING THE SCENE OF THE ACCIDENT OR MODIFYING OR ERASING ITS TRACES”
THE IMPOSSIBILITY OF BEING CONSTITUTED AS A CIVIL PARTY IN THE CASE OF THE CRIME OF „LEAVING THE SCENE OF THE ACCIDENT OR MODIFYING OR ERASING ITS TRACES”

Summary/Abstract: The exercise of the civil action in the criminal process is a benefit granted to the injured person to recover the damage suffered as a result of the commission of the crime by the defendant. The criminal court can rule on civil legal relations when they arise from the commission of the crime, at the request of the injured person, through the request for incorporation as a civil party, under the conditions provided by law. However, there are situations in which, although the damage exists, the application for incorporation as a civil party is rejected as inadmissible, and here we refer to the crime of „Leaving the scene of the accident or modifying or erasing its traces”, provided by art. 338 of the Criminal Code, which is why we will analyze the appropriateness and resolution of the request for incorporation as a civil party in the case of the above-mentioned crime. From the point of view of succession relations, the rejection as inadmissible of the request for incorporation as a civil party produces significant legal effects, we discuss, on the one hand, the impossibility of the injured person to request civil compensation in the criminal process and, on the other hand, about preventing the heirs of the civil party from continuing the action, in case of its death. The study aims to carry out a detailed analysis, both from a theoretical and a practical point of view, of the admissibility of the request for incorporation as a civil party in the case of dangerous crimes, respectively, in the case of the crime of „Leaving the scene of the accident or modifying or erasing its traces”. (art. 338 Criminal Code)

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