THE ROLE OF THE CIVIL COURT IN THE EXECUTION OF COMPENSATION AND THE LIFTING OF PREVENTIVE SEIZURE ESTABLISHED FOR RECOVERING DAMAGES CAUSED BY CRIME, IN RELATION TO THE COMPETENCES OF THE CRIMINAL COURT
THE ROLE OF THE CIVIL COURT IN THE EXECUTION OF COMPENSATION AND THE LIFTING OF PREVENTIVE SEIZURE ESTABLISHED FOR RECOVERING DAMAGES CAUSED BY CRIME, IN RELATION TO THE COMPETENCES OF THE CRIMINAL COURT

Summary/Abstract: This paper addresses the delineation of competence between civil and criminal courts regarding the execution of compensation and the lifting of preventive seizure imposed for recovering damages caused by a crime. The importance of the civil court is particularly evident in the execution phase of the judgment, following the conclusion of the criminal trial. It analyzes the competences of civil and criminal courts in determining the execution of compensation and the lifting of preventive seizure established to ensure recovery of damages caused by a crime. The discussion centers on the significance of the civil court during the execution of criminal judgments, when civil obligations imposed by the final criminal decision must be confirmed and enforced. Divergences in practice concerning the determination of the competent court are examined, along with the solutions provided by the courts. Through an analysis of legislation and recent case law, the role of the civil court is highlighted in ensuring efficient execution and respecting the rights of the parties involved, in accordance with the principles of equity and justice. The conclusions aim to clarify the responsibilities of each court, ensuring the correct application of the rules and the protection of fundamental rights in the context of executing civil obligations established through criminal proceedings.

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