Authority of Res Judicata of the Decision of the Administrative Court before the Criminal Court
Authority of Res Judicata of the Decision of the Administrative Court before the Criminal Court

Author(s): Costel Cristinel Ghigheci, Vlad Mihai Neagoe
Subject(s): Sociology of Law, Court case, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: res judicata; preliminary issue in criminal proceedings; administrative litigation; suspension of proceedings;
Summary/Abstract: A long-standing issue discussed in judicial practice is that of the effects that a final judgment of an administrative court should have when it has decided a question of fact or law that would be relevant to the existence of an offence that is the subject of a criminal case. The restriction before the criminal court of the authority of res judicata of a judgment of the civil court relating to a preliminary issue in criminal proceedings – in view of valid, substantial and compelling reasons, such as the lack of identity of the parties (including the prosecutor), the differences between the two actions, the distinction between the legal interests protected and the application of the principle that fraud corrupts everything (fraus omnia corrumpit) – is without prejudice to the principle of legal certainty as the basis of res judicata. From an objective point of view, the criminal court, which has the benefit of specific procedural means and special procedural safeguards, would have the power to overturn the civil court’s ruling in order to restore legality and not to abolish the legal relationships established on the basis of the civil judgment. From a subjective point of view, the person concerned would have no legitimate expectation of opposing in criminal proceedings the right he had won before the civil court, since the fundamental differences between criminal proceedings and civil proceedings are well known.

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