Procedural guarantees regarding the compensation of the damage caused by crime in the criminal process Cover Image

Garanţiile procesuale privind asigurarea reparării prejudiciului cauzat prin infracţiune în procesul penal
Procedural guarantees regarding the compensation of the damage caused by crime in the criminal process

Author(s): Dumitru Popuşoi
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: civil action; criminal process; the conditions for exercising civil action; material damage; moral damage;

Summary/Abstract: The problem of repairing the damage caused by the crime is primordial for the execution of justice in relation to the victims of the crime. One of the methods of protecting the patrimonial rights of the state and of the physical persons and legal entities, whom have been caused material and moral damage by committing the crime, is the civil action in the criminal process. Assuring the interests of these persons, requires from the state a huge activity, aimed at the discovery of the crime, determining the damage, the volume of this damage, examining the cause and executing the decision. Thus, the main purpose of the investigation consists in the exhaustive approach of the legal modalities of insuring the compensation of the damage from the phase of criminal prosecution, by carrying out a complex scientific research on the procedural guarantees regarding the compensation of the damage caused by crime in the criminal process, but also to satisfy the civil claims of the injured party, which unfortunately is often placed on the second level.

  • Issue Year: 2/2020
  • Issue No: 12
  • Page Range: 181-193
  • Page Count: 13
  • Language: English, Romanian