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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 43 No. 3, 2022.

Preliminary communication

https://doi.org/10.30925/zpfsr.43.3.13

SECURING OF CIVIL CLAIM

Mijo Galijot orcid id orcid.org/0000-0003-4835-0555 ; Municipal Court, Split, Croatia
Vanesa Brizić Bahun orcid id orcid.org/0000-0003-0519-1232 ; Municipal Court, Zagreb, Croatia

Full text: croatian pdf 312 Kb

page 791-808

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Abstract

In this paper, the authors analyse the procedure for securing civil claims by means
of temporary measures that can also be pursued within criminal proceedings as an
adhesion procedure. In the first place, the paper presents the important characteristics
of temporary measures in view of the relevant provisions of the Criminal Procedure
Act and the Execution Act, and points to certain specific characteristics of the measures
mentioned. In addition to proposing possible solutions, special emphasis is put on the
possibility of issuing temporary measures for securing civil claims in relation to a
third party. The authors then analyse the relationship between a civil claim and the
confiscation of proceeds from a general standpoint as well as in relation to various
safeguards that can be applied with the purpose of securing these claims. The paper
examines the possibility of affording satisfaction to the injured party in the event of
prior confiscation of proceeds and the matter of confiscation of proceeds in cases
where no civil claims have been presented.

Keywords

civil claim; temporary measures; confiscation of proceeds; security procedure

Hrčak ID:

287854

URI

https://hrcak.srce.hr/287854

Publication date:

20.12.2022.

Article data in other languages: croatian

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