Considerații privind posibilitatea participării societății de asigurare în latura civilă a procesului penal român
Considerations Regarding the Possibility of the Insurance Company’s Participation in the Civil Side of the Criminal Romanian Trial

Summary/Abstract: Criminal justice practice frequently faces cases of culpable homicide and culpable bodily harm as a result of road accidents. Among the procedural participants in these cases, an important role is given to the insurance company. Over time, in the criminal process, the most controversial position in national judicial practice and doctrine has been taken by the insurance company, especially when it was introduced to be liable for damages caused by vehicle accidents made by the insured defendants. This article aims, first of all, to answer the question whether the insurance company of the victim that compensated it for the damage suffered can become a civil party in the criminal trial and recover the compensation granted to the victim of the crime. Secondly, the purpose of this article is to emphasize that the existing contradictions and disputes in national judicial practice and doctrine have been stopped, two years after the entry into force of the current Code of Criminal Procedure, regarding what quality does the liability insurer of the defendant acquire and what are the limits in which the insurer is liable in the civil side of the criminal trial.

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