Проблемные вопросы, возникающие при разрешении гражданского иска в уголовном деле

Abstract

The article is devoted to problematic issuesin civil lawsuit in a criminal case, proposed the way of its decision. The possibility of recovering damages claimed by a victim in a civil claim in a criminal case from one of the defendants in the case where the victim sues only him, and the damage was caused by joint intentional actions of several defendants, has been explored and argued.The legality of the refusal to the victim to recover moral damage caused by the theft of property without entering the home, due to the damage caused only to property interests, is substantiated.The conditions provided by law for leaving a civil claim in a criminal case without consideration are analyzed if a claim is filed for reimbursement of the cost of treatment in the case where the defendant disputes the causal relationship between the occurrence of a secondary disease in the victim and his actions.As justification, the need to involve the attending physician and medical institution in the case as third parties, the essence of these claims of a property nature, which, although related to the crime, are rather related to the subsequent restoration of the violated rights of the victim. The conclusions drawn are illustrated by examples of criminal cases from the practice of a district court judge.