Rezolvarea acţiunii civile în procesul penal în reglementarea noului Cod de procedură penală
SETTLEMENT OF THE CIVIL ACTION IN THE CRIMINAL PROCEEDINGS, ACCORDING TO THE REGULATION OF THE NEW CODE OF CRIMINAL PROCEDURE

Summary/Abstract: According to the expression known in the Roman law - ius quod sibi persequendi in iudicio debetur, ‘action’ means the right to obtain what it is due by the process of law.Successive regulations in the Roman criminal law have limited or expanded the possibility by the person injured following commission of a crime, to seek damages in a single procedural framework. Thus, the legislature adopted the system of confusion between the civil action and the criminal action, enforcing the criminal penalty and reparation of the injury as a result of a single action of the victim. The Roman criminal law has also known the system of separation of settlement of the civil action from the criminal action, when the criminal action was solved by a military criminal court, case in which the civil action was exercised mandatory and separately before a civil court. Law no. 135/2010 on the Code of Criminal Procedure, as amended and supplemented, has kept the system according to which the civil action can be exerted in a criminal trial, thus enabling the person who has suffered injury as a result of committing a crime, to sue the people responsible according to the civil law, in order to cover the prejudice incurred. The injured person, defined by art. 79 of the new Code of Criminal Procedure as the person who has suffered physical, material or moral injury by a criminal act, or his /her successors can become a civil party in the criminal proceedings against the defendant and other persons in charge, as appropriate, to hold them on tort liability, according to the civil law.

• Details
• Contents