The exercise of the civil action in criminal proceedings. The moment of civil party constitution
The exercise of the civil action in criminal proceedings. The moment of civil party constitution
Author(s): Patricia-Oana Vanca, Tiberiu BanSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Roman law
Published by: Bogdan Vodă University Press
Keywords: civil action; criminal proceedings; damages; procedural law;
Summary/Abstract: The domestic procedural provisions regarding the civil action in criminal proceedings are marked by dynamism, undergoing constant evolution — including recent developments — with significant impact on the reparation of damages resulting from an offense within the same procedural framework. Through this study, we aim to draw the reader's attention to certain current theoretical and practical aspects. We will focus in particular on the types of actions that may be exercised in Romanian criminal proceedings, on the legal basis and the subjects of the civil action, and especially on the initial and final moments concerning the constitution as a civil party upon request in the criminal process. In the course of this endeavor, we will also draw parallels with provisions of civil procedural law, as well as provide an analysis of the current criminal procedural regulation in relation to certain relevant judicial decisions.
Journal: Cluj University Journal. Interdisciplinary: Social Sciences and Humanities
- Issue Year: 3/2025
- Issue No: 2
- Page Range: 85-100
- Page Count: 15
- Language: English
