SOME TOPICAL CIVIL-LAW DIMENSIONS OF CRIMINAL LAW AND CRIMINAL ADJUDICATION – ASPECTS OF CONSTITUTIONAL LAW

Authors

  • Aldo Radolović Faculty of Law, University of Rijeka, Constitutional Court of the Republic of Croatia
  • Duška Šarin Constitutional Court of the Republic of Croatia

DOI:

https://doi.org/10.30925/zpfsr.37.1.4

Keywords:

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

Abstract

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.

Additional Files

Published

2020-11-16

How to Cite

Radolović, A., & Šarin, D. (2020). SOME TOPICAL CIVIL-LAW DIMENSIONS OF CRIMINAL LAW AND CRIMINAL ADJUDICATION – ASPECTS OF CONSTITUTIONAL LAW. Collected Papers of the Law Faculty of the University of Rijeka, 37(1), 103–123. https://doi.org/10.30925/zpfsr.37.1.4

Issue

Vol. 37 No. 1 (2016): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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