Autor: Angela TATU

Publicat în: Revista Universul Juridic nr. 11/2016

Disponibil online: aici.

Titlul lucrării în engleză: Criminal liability and civil liability in case of committing a crime. Case law (res judicata). Reflections

Abstract: The modifications brought in the criminal proceedings law together with the entering into force of the New Criminal Procedure Act have determined a rethinking of the criminal action and of the civil action in the criminal process.  By rethinking the procedural frame, modifications were brought to the exercise of the two actions, modifications which on the one hand give possibility to the civil part to recover his pretentions in an easier and faster manner, and on the other hand this requires a new configuration of the entire criminal procedure. So, by the entering into force of the New Criminal Procedure Act, new regulations were established, some of them having a principle value and others being special regulations in the field.  

The major modification made in this field regards the case law of the criminal decision, when the civil action is debated separately in the criminal action. So, the final decision of the criminal court is a case law in front of the civil court judging the civil action, regarding the existence of the action and of the person committing the crime. The civil court must not submit to the final decision regarding the release or discontinuing the criminal procedure regarding the existence of a prejudice or the guilt of the author of the illicit action.

So, as for the guilt of the person committing the crime and creating a prejudice, this is not any more an element the civil court must consider, the court being able to decide the guilt of the person, obviously from the civil perspective of the criminal liability. From the analysis of the text it results that the final decision of the criminal court, regardless of the settlement manner of the criminal action (release or discontinuing the criminal procedure), this is not a case law in front of the civil court. In this manner the criminal does not hold back the civil, this imposing a resizing of the criminal procedure. Moreover, this gives the possibility to the civil court to decide about the guilt of the person in a different way to the decision given by a criminal court, so being violated the ne bis in idem principle. So we can meet cases with two different decisions, one criminal and one civil decision, this obviously requiring a review of the causes, so practically a new judgment.

Keywords: Criminal liability; civil liability; case law (res judicata); criminal procedure; guilt.