Introducerea părții responsabile civilmente în procesul penal - răspundere civilă delictuală sau contractuală?
Introduction of the Civilly Liable Party in the Criminal Proceedings - Tortious or Contractual Civil Liability?

Author(s): Ion Flămînzeanu, Florin Octavian Barbu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: civil party; civilly responsible party; compensation; introduction; intervention;
Summary/Abstract: The Criminal Procedure Code in force no longer provides as the final moment of the civil part constituting the moment before reading the referral document, specifying that such a constitution can be made until the beginning of the judicial investigation - art. 20 paragraph (1) C. pr. pen.and art. 353 para. (3) C. pr. pen. The civilly responsible party can be introduced, according to art 21, alin. (1), C.p.p. as modified through CCR Decision up until the end of the criminal persecution by the person in right according to the civil law, in order to be able to formulate requests and to raise exceptions in the preliminary chamber. So, the civil party, as the person in right by the civil law, can ask to be introduced the civilly responsible party by the end of the criminal prosecution. On the other hand, the injured person can constitue as a civil party, as art. 20, alin. (1) C.p.p. statues, up until the beginning of the judicial research. Therefore, in the situation that the civil party is not constituted up until the beginning of the preliminary chamber and she does not ask to be introduced the civilly responsible party is there an infringement of the right of the prosecuted? Nor the ones of the civilly responsible party? Are there any remedies?

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