Civil claimant: definition of the concept

A civil action, in accordance with general rules, is considered in compliance with 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 caused by a crime is entitled to claim for its compensation. The person has the right to declare claims and compensation for moral damage. осуществляется в соответствии с определением суда, постановлением следователя/дознавателя. Recognition by a civil plaintiff is carried out in accordance with the ruling of the court, the 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 formalized by a decree of the prosecutor, investigator, investigator or court.

Purpose of production

( гражданский истец) в рамках уголовного дела, обуславливается рядом факторов. The expediency of considering the application submitted by the victim ( civil claimant) within the framework of the criminal case is determined by a number of factors. 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

может заявить свои требования после возбуждения уголовного производства до завершения судебного рассмотрения при разбирательстве в первой инстанции. A civil claimant may file his claims after the institution of criminal proceedings before the completion of the judicial review in the proceedings in the first instance. In accordance with the principle of disposability, the drafting of a declaration depends entirely 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. , касающемся возмещения вреда в связи с преступлением. However, if the claims were not claimed in criminal proceedings, the victim may act as a plaintiff in a civil case involving compensation for harm in connection with a crime.

Subjects

As a civil plaintiff can act:

1. A victim or another person who has been harmed 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 the crime committed, who incurred burial costs, the owner of the property that suffered damage, and so on.
2. The prosecutor. с целью обеспечения защиты интересов государства, а также несовершеннолетних, ограниченно дееспособных или недееспособных, а также иных лиц, неспособных по тем или иным причинам самостоятельно отстаивать свои свободы. This entity acts as a civil plaintiff in order to ensure the protection of the interests of the state, as well as minors who are marginally competent or incompetent, as well as other persons incapable of independently defending their freedoms for one reason or another.

Important points

может заявить требования, связанные исключительно с компенсацией вреда, непосредственно причиненного преступлением. Article 44 of the Code of Criminal Procedure (Part 1) establishes that a civil plaintiff may declare claims related solely to compensation for damage directly caused by a crime. This means that claims for reimbursement of amounts paid to the victim of a crime as a recourse can not be considered in criminal proceedings. 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 a criminal proceeding, a claim of exclusively property nature is allowed. They must be related to compensation for either material or moral damage. не может заявить требование неимущественного характера – оно не будет рассмотрено в рамках уголовного производства. A civil claimant can not claim a non-property claim - it will not be considered in criminal proceedings.

Setting the status

, порядок и основания предъявления требований. In accordance with the principle of protecting human freedoms and interests, the prosecutor, the court, investigators and investigators should explain to the subjects who have the rights of the civil plaintiff the procedure and grounds for presenting the 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 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 assume the imposition of seizure of material values, including shares and other financial instruments of the accused or persons who bear financial responsibility for him.

Rights of the plaintiff

, равно как и в уголовном производстве, субъекты наделяются определенными юридическими возможностями. In the civil process , as well as in criminal proceedings, subjects are given 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:

1. 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.
2. To make a challenge and petition.
3. Give explanations, testimonies in your native language or on the one that he knows. If necessary, the subject can use the interpreter for free.
4. Have a representative.
5. Do not testify against your loved ones and yourself.
6. With the permission of the investigator / investigator to participate in the activities carried out at his request.
7. Be aware of all decisions that affect his interests, receive copies of decisions relating to his lawsuit.
8. To study the records of investigative measures taken with his participation. Upon completion of the investigation - to get acquainted with the materials that relate to the civil suit, write out any information from the case.
9. Refuse the stated requirements.
10. Participate in criminal proceedings in court, speak in debates to substantiate the claim, examine the minutes of the meeting, submit observations to it.
11. To file complaints about decisions, omissions / acts of the inquirer, the court, the prosecutor, the 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 in criminal proceedings is required to maintain the confidentiality of the information obtained about the preliminary investigation if this has been warned by the relevant employee. . A similar rule should be followed by a representative of the civil plaintiff .

The burden of proof

The justification of the size and grounds of a civil action is carried out in the general procedure provided for in criminal procedural legislation. 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 to be completely justified, 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 link 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, petition for the implementation of certain 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 the consideration of a civil action is formalized 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 event of a conviction , the court can not leave without consideration the claimed civil claim. Depending on the evidence of the size and the grounds, the claims 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 facts of the commission of the act are not proven, a civil claim will be refused. If the acquittal is based on the established absence in the actions of the accused of the offense, the requirements are left without consideration. This fact, however, does not prevent the filing of an action in the civil proceedings.