CIVIL LAWSUIT IN CRIMINAL PROCESS
CIVIL LAWSUIT IN CRIMINAL PROCESS

Summary/Abstract: One of the most important institutes that represents the personal element incriminal procedure discipline is namely “civil lawsuit in the criminal process”. Which combinedthe public and private element, who has suffered material injury from the offense or his heirsand can raise civil action in the criminal proceedings against the defendants or civil defendant.The subjects in the criminal process can use the right subjective procedural filing civil claims,but prosecutors and judges, who have the power to accept or the proceeding may make notthe civil lawsuit, the legitimization of the civil plaintiff until the review has not started judicial,Criminal Procedure Code Article 62/1. The problem of identification of a civil plaintiff in thecriminal process and so closely related existential relationship with all procedural and hasmany difficulties in its implementation in practice. It provided legal not to be confused with thelegitimacy to act, which consists in identifying the person who has a legal interest to a civilclaim in the criminal process, but conceived related to the acceptance or rejection of the reviewof acts of civil along with unlawful criminal fact of a single process. As a general rule, civilplaintiff standing by the prosecutor to make a civil claim in the criminal proceedings until thecourt carries out preliminary and has not begun examination of the criminal case, legitimizingcivil plaintiff may be made by the proceeding until you get started judicial review of Article 62paragraph 1 of the CPC and, in a second moment, it is the court that makes a decision toreview the civil lawsuit along with criminal acts.

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