“THE EXERCISE OF CIVIL ACTION EX OFFICIO IN THE CRIMINAL PROCEEDINGS” Cover Image

EXERCITAREA ACŢIUNII CIVILE DIN OFICIU ÎN PROCESUL PENAL
“THE EXERCISE OF CIVIL ACTION EX OFFICIO IN THE CRIMINAL PROCEEDINGS”

Author(s): Ioana Pacurariu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: civil party; the injured party; the bringing ex officio of the civil action in the criminal trial; legal representative; prosecutor;

Summary/Abstract: The present article shows that the bringing of the civil action is done when the fully legally competent individual or company or their successors bring a civil action. Usually, an injured party may choose whether or not to bring civil action, however there are limitation cases foreseen by article 19 section 3 of the New Criminal Procedure Code when the civil action is brought ex officio, when the injured party lacks the legal competency, or has a limited legal competency, and the civil action is brought in his or her name by the legal representative, or, depending on case, by the prosecutor, as stated by article 20 section 1 and 2 of the New Criminal Procedure Code. The action brought in the name of these vulnerable persons has as object, depending on the interests of the persons for whom it is brought, tort liability.

  • Issue Year: 2015
  • Issue No: 12
  • Page Range: 13-21
  • Page Count: 9
  • Language: Romanian