Zbornik, Vol. 33 No. 2, 2012.
Pregledni rad
ANCILLARY ADJUDICATION OF CIVIL CLAIMS FOR COMPENSATION IN CRIMINAL PROCEEDINGS
Dinka Šago
; Pravni fakultet Sveučilišta u Splitu
Marija Pleić
; Pravni fakultet Sveučilišta u Splitu
Sažetak
The present paper provides an overview of ancillary proceedings in the Croatian law system as an opportunity for the injured party to assert a claim for compensation within the pending criminal proceedings. The underlining idea is that the court’s time can be saved by the determination of civil claims arising from a criminal offence in the same proceedings. The civil jurisdiction of a criminal judge leads to a consolidation of the two forms of dispute arising from the offence and avoids a duality of proceedings. The most evident advantages of using the civil claim within an existing criminal action for the injured party are simplicity, speed and cost-effectiveness. Furthermore, the authors analyze the object of ancillary proceedings, subjects, decisions and legal remedies. The victim may put forth any pecuniary claim against the defendant arising from the offence. When the guilty verdict is delivered the court may grant an indemnity claim in full or in part and direct the injured party to sue for balance in a civil procedure. In practice, however, judges and legal professionals tend to avoid ancillary proceedings, considering it to render a foreign element within criminal proceedings.
Ključne riječi
ancillary proceedings; civil claim; criminal proceedings; injured person
Hrčak ID:
107292
URI
Datum izdavanja:
20.12.2012.
Posjeta: 7.724 *