Some Questions Arising in the Trial of Civil Lawsuits in the Criminal Court of First Instance

Abstract

The article discusses some problems of considering a civil claim during a criminal court hearing. It is argued that settling a civil claim during criminal proceedings has a higher priority than a trial in a civil process. The author justifies the position according to which filing a lawsuit during criminal proceedings is a right and not an obligation of a person in a criminal trial. The author also believes that in filing a civil claim in a criminal process, the civil plaintiff should present proof of the incurred costs with the purpose of further recovery of the material damage; besides, the person who will pay the damage or compensate for the moral harm should be established. Based on the analysis of court practice, it is proven that the settlement of a civil claim during a special procedure of a criminal court trial is possible, however, the accused should agree not only with the accusation, but also with the size of the damage (harm). The cases in which the courts can eliminate violations of criminal procedure legislation during preliminary investigations are examined.