Exercitarea din oficiu a acţiunii civile în procesul penal - aspecte teoretice şi practice -
Ex-officio exercising of the civil action in a criminal trial – theoretical and practical aspects.

Summary/Abstract: In the judiciary practice a number of problems appear related to the way of solving the civil proceedings initiated and executed exofficio. According to art.17 of the Penal Procedure Code, „civil proceedings starts and are executed ex-officio when the injured party is a person deprived of the exercise capacity or with a reduced exercise capacity. To this end, the prosecution or the court will ask the injured party to declare the extent of the material loss and moral damages, as well as data concerning the offences that generated them, though his legal representative or, where applicable, trough the person to which he entrusted the case. The Court is obliged to issue a resolution ex-officio on the repair of the loss and of the moral damages even though the injured party is not constituted as civil part”.

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