Controverse cu privire la constituirea de parte civilă în procesul penal având ca obiect uciderea din culpă ca urmare a unui eveniment rutier
Controversies Regarding the Constitution of a Civil Party in the Criminal Trial having as Object the Culpable Homicide as a Result of a Road Event

Author(s): Denisa Barbu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: injury; civil part; criminal civil liability; constitution; renunciation;
Summary/Abstract: As a rule, as we will show, the person injured by an unlawful act that may represent a criminal offense criminally has the following options, as an expression of the principle of availability that governs the civil matter: he has the freedom to choose to stay in passivity or to act in order to recover the damage, according to the principle of Latin origin nemo invitus agere cogitur; when it intends to recover the damage suffered, it has the possibility to try to recover it, either amicably before any judicial procedure or during it, or to try to repair the damage by calling on the coercive force of the state; when it chooses to take legal action, it has the option to join the civil action to the criminal one or to make claims before the civil jurisdiction. In this way, both the civil party and the responsible civil party have their rights covered... what happens to the defendant? In the event that the action in the claims is used in the criminal case, the civil action becomes an institution of criminal procedure.

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