According to the criminal procedure, a civil claim is a filed application that is issued in a criminal case, and may contain a request for moral damages to an individual or legal entity. This statement is addressed directly to the accused or to persons who have assumed financial responsibility in the case of the accused.
The legal basis for obtaining material or moral damage to the victim is based on the norms of civil law, which prescribes responsibility for illegal behavior of persons.
Article 128 of the Criminal procedure code of Ukraine States that the victim has the full right to satisfy their wishes aimed at obtaining moral and material damage that they have suffered as a result of illegal actions of the defendant. However, there are often situations when victims forget that they have the right to claim such damages themselves or to use the services of a lawyer.
Law enforcement officials and the court will not take up the submitted issues unless a separate civil lawsuit has been filed.
The claim must be filed in the course of a pre-trial investigation or directly through a judge, but before the Prosecutor pronounces the indictment.
Otherwise, the claim will be unsatisfied. If you miss these deadlines, you will need to wait until the final verdict is passed on the defendant, which will take effect and only then can you file a lawsuit against the accused. In this case, the trial will be delayed indefinitely, and the victim will have to repeatedly attend court.
When a claim is filed in the process of active investigation, then the application must be made in the name of the investigator who is directly involved in this case. When the case is submitted to the court, it is important to have apply for the application to the judge who will deal with this issue. Thus, criminal and civil cases are considered simultaneously, which allows the victim to save their time.
Kasyanenko & Partners Law Company’s lawyers will advise the client on the preparation of all necessary documents and collect evidence that confirms the damage, as well as be able to represent the interests in court in a criminal case and get a satisfactory result for the client.