THE EXERCISE AND RESOLUTION OF CIVIL ACTION IN CRIMINAL PROCEEDINGS
THE EXERCISE AND RESOLUTION OF CIVIL ACTION IN CRIMINAL PROCEEDINGS

Summary/Abstract: Through legal action, a person is held accountable before the courts, in order to be obliged to bear the consequences arising from the violation of certain legal norms. Within a criminal trial, depending on the legal norms violated (criminal law and, in certain situations, civil law), the following may be encountered: criminal action, which is joined in certain circumstances by civil action. If criminal action is the means by which the criminal liability and punishment of the person guilty of committing a crime are achieved, civil action exercised within the same trial is the legal instrument by which the defendant and the civilly liable party are held civilly liable, because the crime committed by the defendant also violated the norms of civil law. Given the particularities of a civil action exercised within a criminal trial, its resolution within such a trial involves the analysis of the manner of resolving the criminal action in that trial, an analysis that we propose in this material.

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