Securing the Injured Party’s Claim for Compensation: Striking an Appropriate Balance Between Competing Interests
Securing the Injured Party’s Claim for Compensation: Striking an Appropriate Balance Between Competing Interests

Summary/Abstract: The article examines the institute of securing the injured party’s claim for damages in criminal proceedings and its relationship to the protection of the accused’s fundamental rights. Its aim is to highlight the need to strike a balance between the effective protection of the injured party’s rights and interference with the property sphere of the accused. The author analyses the legal framework and practice, focusing on the principle of proportionality as a key tool for assessing the legitimacy of such interference. The core of the article lies in the application of the proportionality test (suitability, necessity, and proportionality in the strict sense) when deciding on the securing of property. The article points out shortcomings in practice, particularly formalism, insufficient reasoning of decisions, and the weakening of the requirement to demonstrate the necessity of securing measures. It emphasizes that any interference with property rights must be individually assessed and proportionate to the pursued objective.

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