CONNECTIONS AND INTERFERENCES BETWEEN THE ACTION IN CIVIL DELICTUAL LIABILITY AND THE CRIMINAL LIABILITY ACTION
Liana Popa ()
Fiat Iustitia, 2016, vol. 10, issue 1, 171-177
In a situation in which through an illegal act which represents also a crime, it is caused a prejudice, the injured person is entitled to choose between two options in order to obtain the conviction of the person responsible for the repair. The action in civil delictual liability can join the penal action to be ruled by the criminal court. The path chosen by the victim for the prosecution of the civil claim will determine the applicable rules of the proceedings in the civil process or in the penal process. The cumulation of the two types of responsibilities is the evidence that they have a conjugate destiny in order to restore the legal order. The ruling of the action in civil delictual liability by the criminal court shows some obvious advantages for the plaintiff claiming damages especially evidenced by the less expensive and faster criminal procedure, as well as by the widely possibilities of providing pieces of evidence. Of course, in order the victim to pursue a civil action, a mise en accusation is mandatory. The problem of res judicata of the criminal court decision in civil court does not arise when the civil action for damages is not based on an illegal act which is a crime.
Keywords: offence; crime; delictum; civil action; criminal action (search for similar items in EconPapers)
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Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:10:y:2016:i:1:p:171-177
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