Review article
https://doi.org/10.31141/zrpfs.2021.58.142.1141
Decisions of the court in the property claim procedure
Mijo Galiot
orcid.org/0000-0003-4835-0555
Vanesa Brizić Bahun
orcid.org/0000-0003-0519-1232
Abstract
In this paper, the authors present an overview and an analysis of the existing criminal provisions governing the practice and procedure in the courts when deciding procedural issues or substantive matters concerning a civil claim. The specific nature of civil claims, which represent a combination of criminal and civil law and procedure, suggests that the courts, when deciding on such claims, should apply not only the provisions of criminal procedural law but also the provisions of civil procedural law in an appropriate manner. The paper therefore examines whether all procedural issues to be decided during the conduct of the proceedings are adequately regulated by the criminal legislation of the Republic of Croatia, including proposals for possible solutions. Furthermore, the paper points to the limited possibility of deciding on civil claims in light of the fact that the court has no authority whatsoever to reject or accept such claims in criminal proceedings unless it delivers a conviction. The authors also deal with certain specific issues which may arise in connection with civil claims in the course of the proceedings, the knowledge of which is necessary to ensure efficient and effective implementation of the decisions adopted by the court in criminal proceedings.
Keywords
injured party; civil claim; adhesion procedure; damages; decisions; enforcement
Hrčak ID:
265078
URI
Publication date:
27.10.2021.
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