Civil claimant: definition of the concept

A civil suit, in accordance with general rules, is considered subject to the provisions of the CCP. However, the law allows for its representation in criminal proceedings.

Civil plaintiff and civil defendant

An entity that has reason to believe that property damage has been inflicted by a crime is entitled to declare a demand for its reimbursement. The person has the right to declare claims and compensation for moral damage. Recognition by a civil plaintiff is carried out in accordance with the definitioncourt, decision of the investigator / inquirer. For the damage caused to the victim, the responsibility is borne by the perpetrator. The status of a civil defendant is issued by a decree of the prosecutor, investigator, investigator or court decision.

Purpose of production

The expediency of considering an application that is submitted by victim (civil plaintiff) in the criminal case, is duefactors. First of all, both the grounds for imposition of criminal punishment and for compensation for harm are formulated. This is due to the fact that the size and nature of the damage caused by the crime are included in the subject of proof defined by Article 73 of the Code of Criminal Procedure. In addition, court costs are significantly reduced, since the subject gets rid of the need to participate first in criminal proceedings, and then in civil proceedings and pay the state fee. ,

General order

Civil claimant can declare its requirements after the excitationcriminal proceedings before the completion of the judicial review of the proceedings in the first instance. In accordance with the principle of disposability, the compilation of the application is completely dependent on the will and will of the affected person. On its own initiative, the court can not resolve the issue of compensation for damage, if the relevant requirements were not presented. However, if the claims were not claimed in criminal proceedings, the victim may act as plaintiff in civil matters, concerning compensation of harm in connection with a crime.

Subjects

As a civil plaintiff can act:

The victim or another person who wasthe damage is caused by a crime. In this case, harm can be both property and moral. Other persons should, for example, include incapacitated, dependents of a citizen who died as a result of a committed crime, who incurred burial costs, the owner of property that suffered damage, and so on.
The prosecutor. This subject acts as civil plaintiff with a view to ensuring the protection of the interests of the state,as well as minors, persons with limited legal capacity or incompetence, as well as other persons incapable, for one reason or another, to defend their freedoms independently.

Important points

Article 44 of the Code of Criminal Procedure (Part 1) establishes that civil plaintiff can declare claims related solely to thewith compensation for harm directly caused by the crime. This means that, in the framework of criminal proceedings, claims relating to reimbursement of amounts that have been paid to the victim of a crime as a recourse can not be considered. For example, these are payments in accordance with the insurance contract, disablement allowance and so on. However, the law provides for the possibility of filing a claim in civil proceedings. It should also be noted that, within the framework of criminal proceedings, a statement of claims of exclusively property nature is allowed. They should be related to compensation for either material or moral damage. Civil claimant can not claim a non-property nature - it will not be considered in criminal proceedings.

Establishment of the status

In accordance with the principle of protection of human freedoms and interests, the prosecutor, court, investigators and investigators should explain to the subjects having civil plaintiff rights, the procedure and grounds for presenting claims. At the same time, officials can refuse to establish a status only if the connection between the claimed claims and the criminal act in question is obviously absent. The decision on the recognition of the subject by the civil plaintiff should be communicated to him with simultaneous explanation of his position within the process. The guarantee of receiving compensation for the claimed requirements is realized through the adoption of interim measures. They presuppose the imposition of seizure on material values, including shares and other financial instruments of the accused or persons who bear financial responsibility for him.

Rights of the plaintiff

In the civil process, as well as in criminal proceedings, subjectshave certain legal capabilities. In general, we can say that they are almost the same. A victim or other person who has suffered damage in connection with a committed crime may:

Support the claims he has made, give explanations for them. A citizen can provide written documents, things, objects for attaching them to criminal material as evidence.
To make a challenge and petition.
Give explanations, testimonies in your native language or on the one that he knows. If necessary, the subject can use the interpreter for free.
Have a representative.
Do not testify against your loved ones and yourself.
With the permission of the investigator / investigator to participate in activities carried out at his request.
Be aware of all decisions that affect his interests, receive copies of decisions relating to his lawsuit.
To study the protocols of investigative measures,carried out with his participation. Upon completion of the investigation - get acquainted with the materials that relate to the civil suit, write out any information from the case.
Refuse the stated requirements.
Participate in criminal proceedings in court, speak in debates to substantiate the claim, examine the minutes of the meeting, submit observations to it.
Declare complaints about decisions, omissions / actionsinquirer, court, prosecutor, investigator in the part relating to the presented property claims, to know about the statements brought by other participants, to file objections to them.

A person who claims property claims inwithin the framework of a criminal proceeding, is obliged to maintain the confidentiality of the information received about the preliminary investigation if this has been warned by the relevant employee. A similar rule should guide and civil plaintiff.

The burden of proof

Justification of the size and grounds of civilThe claim is carried out in the general procedure provided for in criminal procedural law. The need to use the norm of the Criminal Procedure Code is conditioned by the fact that the size and nature of harm relate to the subject of proof of a crime. Despite the fact that the claims of the civil plaintiff are private-legal, the law places the applicant on the prosecution side. This seems reasonable, since proving the fact that the crime caused damage to a specific subject, and also directly the size of this harm, presupposes the establishment of the event itself, the guilt of the accused, the existence of a causal connection between his behavior and the consequences that have arisen. Accordingly, it is necessary to substantiate the magnitude and nature of the claimed requirements to the civil plaintiff. To do this, he can provide supporting documents, apply for implementation of various investigative and judicial measures, etc. At the same time, law enforcement officials should also take measures aimed at proving the circumstances that are essential for the consideration of a civil suit in court.

Decision

The result of considering a civil claimexecuted by the court in the verdict. The document indicates whether the claimed requirements are to be satisfied, in whose favor and in what extent. In the case of conviction, the court can not leave without consideration a civil claim. Depending on the evidence of the size and the grounds, the requirements are satisfied in full or in part. The court can and refuse this. If there is a need to make additional calculations on the claim, which require the adjournment of the meeting, the claimant is recognized the right to satisfy the requirements, and the question of their value is transferred to civil proceedings. If the verdict was justified, the fate of the claims claimed by the injured party will depend on its foundation. If the defendant's involvement in the crime is not established or if the fact of committing the act is unproven, the civil claim will be refused. If the acquittal is based on the established absence of the corpus delicti in the actions of the accused, the requirements are left without consideration. This fact, however, does not prevent the filing of an action in the civil proceedings.

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