Civil claim in criminal proceedings

Civil claim in criminal proceedings

A distinction is traditionally made between civil law - which enables a natural or legal person to obtain a financial or material benefit from another person - and criminal law, which aims to punish behaviour that is contrary to an established rule of life in society. On the face of it, therefore, civil law and criminal law are two separate subjects. However, it is not uncommon for a criminal offence to give rise to a civil claim for the victim, when the latter suffers financial loss or moral injury, and article 122 of the Code of Criminal Procedure (CCP) provides that the injured party may assert civil claims arising from the offence by joining the criminal proceedings. The same right applies to the victim's next of kin, insofar as they make their own civil claims against the accused.article 126 of the Code of Criminal Procedure states that the court shall rule on the civil claims made when it finds the accused guilty or acquits him or her and the facts are sufficiently established. It may also refer the plaintiff to take civil action, in particular where a criminal order has been made or where a full ruling on the civil claims would require a disproportionate amount of work, in which case the court may deal with them only in principle. It is worth mentioning here the Federal Law on Assistance to Victims (LAVI), which applies to people who have suffered direct physical, psychological or sexual harm as a result of a criminal offence. It establishes a range of services for victims, from advice to compensation and payment of procedural costs. These benefits are only definitively granted if the perpetrator of the offence or another debtor fails to pay them. The assistance in question extends to the victim's spouse, children and parents, as well as their relatives. Please note that claims for compensation or moral reparation must be made within five years of the date of the offence or the time when the victim became aware of it.