SETTLEMENT OF CIVIL ACTION IN CRIMINAL PROCEEDINGS IN THE CASE THERE IS A CAUSE OF JUSTIFICATION OR IMPUTABILITY Cover Image

SOLUŢIONAREA ACŢIUNII CIVILE ÎN PROCESUL PENAL ÎN CAZUL ÎN CARE EXISTĂ O CAUZĂ JUSTIFICATIVĂ SAU DE NEIMPUTABILITATE
SETTLEMENT OF CIVIL ACTION IN CRIMINAL PROCEEDINGS IN THE CASE THERE IS A CAUSE OF JUSTIFICATION OR IMPUTABILITY

Author(s): Ioana Păcurariu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: settlement of civil action in the criminal trial; justifying causes; causes of imputability; to close the case; discharge;

Summary/Abstract: The article aims to provide an overview of the solution that the court will rule on the civil side in criminal proceedings in the event of a justifiable or non-imputable cause. At the same time, through this article we have tried to show that we do not share the opinions expressed by the doctrine according to which all justifiable cases exonerate the defendant from civil liability in criminal proceedings and that all cases of imputability can attract civil liability in this type of trial. In these cases, the court cannot leave the civil action unresolved, but must resolve it by admitting it in whole or in part or by rejecting it. Finally, the article indicates these cases that will lead the court to rule on one of these solutions regarding the civil action.

  • Issue Year: 2022
  • Issue No: 06
  • Page Range: 58-68
  • Page Count: 11
  • Language: Romanian