Autor: Ioana PĂCURARIU
Publicat în: Revista Universul Juridic nr. 11/2015
Disponibil online: aici.
Titlul lucrării în engleză: Third parties’ participation in the civil action of the criminal proceedings
Abstract: The present article has an interdisciplinary nature and aims to analyse, in the light of the new laws, the voluntary and forced participation of the third parties in the civil part of the criminal trial. The paper offers pros and cons regarding the admission of this type of participation.
Another problem that presents interest is whether is it possible or not for the third parties to participate in an action in tort resulting from a crime in a civil court, that can be brought, regardless of the reasons, by the defendant who is an injured person that suffered a material and/or a moral damage following the crime and asks the civil court for compensation.
Keywords: the tort action resulting from a crime; the right of option when bringing a civil action; accessory intervention; the call for guarantee of the civil trial; the identification of the owner of the right civil action in criminal trial; the civil party; the civilly liable party.