Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.37.1.4
SOME TOPICAL CIVIL-LAW DIMENSIONS OF CRIMINAL LAW AND CRIMINAL ADJUDICATION – ASPECTS OF CONSTITUTIONAL LAW
Aldo Radolović
; Pravni fakultet Sveučilišta u Rijeci, Ustavni sud RH
Duška Šarin
; Ustavni sud Republike Hrvatske
Sažetak
This paper considers the relationship between civil and criminal law within the framework of criminal law and criminal adjudication.
The basic conclusion is that there should be greater synergy between these two types of law, because, without it, many criminal offences (especially those related to economic crime) cannot be understood, and in particular adhesion civil claims within the framework of criminal proceedings cannot be adjudicated.
It is equally essential to regulate the responsibility of the state for damages incurred due to unlawful deprivations of liberty in a legally sounder, and nomotechnically more precise manner which is better aligned to modern civil law. In this respect, there is a test for the state (and its courts) to assess how prepared they are to admit their own errors in adjudication.
In its concluding part, the paper calls for the creation of “court law” as a new term which would appropriately combine the key points of the mutual intertwining of civil and criminal law.
The authors also link the issues of the inter-conditionality of civil and criminal law to constitutional law and constitutional proceedings, because no full conclusion is legally possible without it.
Ključne riječi
civil law; criminal law; civil proceedings; criminal proceedings; adhesion civil proceedings in criminal proceedings; civil elements in the description of the substance of a criminal offence; unlawful conviction and unfounded arrest; court law; constitutional law; constitutional proceedings; abstract review of constitutionality; constitutional complaints
Hrčak ID:
160478
URI
Datum izdavanja:
11.4.2016.
Posjeta: 2.795 *