Consideraţii privind acţiunea civilă în procesul penal şi exercitarea ei de către procuror
Aspects concerning the civil action in the criminal proceedings and its exercise by the prosecutor

Summary/Abstract: The New Criminal Procedure Code brought into force some important provisions, concerning the civil action into the criminal trial. The prosecutor has to bring a civil action when victim of a crime is a minor or a person without civil capacity. Today, the judge can no longer solve by himself a civil action for this type of persons, but he has the duty to order measures of seizure in their benefit. Other provisions refer to the moment of bringing the civil action into the trial (just before beginning of the judicial inquiry); sustaining the civil actions brought by other people (the prosecutor has the duty to sustain the civil action only for minors or persons without civil capacity); solving the civil action in front of a civil court (the prosecutor can sustain civil actions for these persons even in front of a civil court); impossibility for the prosecutor to give up these type of civil actions (he is in charge with the civil action until the end of the trial); death of victim will transfer the civil action to their heirs (if they are themselves, minors or persons without civil capacity, prosecutor will continue the civil action in the criminal trial); legal transactions are allowed also when victim is a minor or a person without civil capacity (the prosecutor must without civil capacity (the prosecutor must verify the terms of those transactions).

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