Some Aspects Concerning the Civil Action in the Criminal Proceedings

Abstract

A civil action is an action ancillary to criminal action, representing the middle of the procedure through which the defendant is held civil liable, the party civil responsible for or his successor in title. This tort liability is one of the persons responsible under civil law for the material and/or moral damage produced by committing the offence. The offence must be committed by the defendant with guilt, as in the case of supporting causes or lack of any fault of the defendant, both this and the party responsible cannot be civil forced to pay civil damages, although tort liability is involved for the easiest fault also. We note that it is irrelevant whether these were new evidence during the criminal trial and the prosecutor has not made sufficient efforts to learn about them or simply these did not know existed. So we know that the lack of diligence cannot be imputed to the civil party (without legal capacity or limited legal capacity) in obtaining the evidence required to establish the full damage.