Criminal proceedings basically come down to detecting and bringing criminally liable a person who has committed a prohibited act. In order to strengthen the sense of justice and attempt to compensate the damage caused to the victim of a crime, the provisions of criminal procedure provide for the possibility of imposing on the accused certain benefits resulting from the commission of a crime.
Therefore, we now have the opportunity to resolve all legal issues arising from the conflict in one proceeding before a criminal court. In the absence of such a regulation, it would be necessary for the injured party to initiate further proceedings before a civil court in order to pursue any claims, which would significantly extend the entire process. In its judgment regarding guilt and imposing a penalty on the perpetrator, the criminal court also decides on compensation for the damage resulting from the crime – this institution is called civil action.
The benefits of such a solution are numerous for both the injured party and the accused. Civil action, in addition to structures such as mediation proceedings and consensual adjudication, is an expression of the implementation of the concept of restorative justice in criminal law. Therefore, its use aims to more fully compensate the harm caused to the injured party and to create a sense of justice. However, this results in the fact that in a criminal trial there are also civil law issues to be resolved, which are not a standard area for a criminal court to deal with.
The basis for the court to rule on civil action can be found in Art. 415 § 1 of the Code of Criminal Procedure. If the accused is convicted or the proceedings are conditionally discontinued in the cases specified in the Act, the court imposes an obligation to compensate, in whole or in part, the damage or compensation for the harm suffered. If the perpetrator is convicted, the imposition of the above-mentioned obligations depends on the injured party submitting an appropriate application. The imposition of the above-mentioned obligations also has a penal and material dimension – in a situation where the perpetrator avoids fulfilling them, it is possible to conditionally remit or order the execution of the suspended sentence, which additionally serves as a guarantee in a way in terms of compensation for the damage caused. The regulations also provide for situations where imposing the above obligations is optional for the court. These benefits are generally awarded to the injured party, but exceptionally other entities may also be entitled to receive them. In a situation where the determination of the obligation to repair the damage or compensation is significantly difficult, e.g. when it is impossible to determine the extent of the damage, pursuant to Art. 46 § 2 of the Penal Code, the court may award compensation in their place.
If the obligation to repair the damage or compensation or compensation to the injured party imposed by the criminal court does not cover the entire damage or does not constitute full compensation for the harm suffered, we may pursue additional claims in civil proceedings. We can also completely abandon the solutions offered by criminal proceedings in this respect (without requesting a resolution regarding the damage incurred). We then file a lawsuit against the perpetrator directly to a civil court and pursue the resulting claims in a separate trial (with all the consequences, such as additional costs of the trial). It should also be remembered that civil action is subject to an anti-cumulative clause, which means that compensation for the injured party, the obligation to redress the damage or compensation for the harm suffered is not adjudicated if the claim arising from the commission of a crime is the subject of other proceedings or this claim has been legally binding. ruled.
