Autor: Flaviu CIOPEC
Publicat în: Revista de Științe Juridice nr. 1/2019
Disponibil online: aici.
The Choice Between Criminal and Civil Jurisdiction. A (dis)illusion?
Abstract: The present study addresses the legal actions whereby the victim of a crime can request compensation for the damage caused against her/him by an offense. Between the two legal instruments provided by the Criminal Procedure Code (a civil action in the criminal case) and the Civil Procedure Code (a claim action based on a criminal offense) the victim has the right to choose, both instruments being configured to ensure effective protection. The study is critically positioned against a certain trend in judicial practice able to determine a decrease of the protection level when stay of the civil action is ordered until the pending criminal case is solved by a final ruling. Such interpretation is likely to give the victim’s right to choose an illusory character, which turns the former’s protection into disillusionment.
Keywords: criminal jurisdiction; civil jurisdiction; civil action; effective right to
choose; stay of proceedings.