Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Civil claim in criminal proceedings
One of the most important places in the mechanism of modern criminal proceedings is occupied by the legal support of a civil claim. Today, it is an important component of guaranteeing and protecting the legal rights of every citizen. Each of the crimes where there is a victim party contains elements of a civil offense. This is due to the fact that the victim party is harmed: moral, property or physical. This is the basis for the occurrence of additional liability within the framework of the consideration of a criminal case – civil law. In this article, we will consider such an issue as a civil claim in criminal proceedings. Lawyers from our law firm “Prykhodko & Partners” will help prepare the necessary documents to protect the rights of each person within the framework of a criminal case.
Legislative basis of the issue
Article 23 of the Civil Code of Ukraine contains the following: moral damage consists in causing the injured person:
- Physical pain and suffering.
For example, a person may experience similar suffering due to mutilation or other injuries.
- Mental suffering.
This refers to unlawful behavior directed against the injured party, his relatives and friends. For example, destruction/damage to property; emotional pressure, etc.
- Humiliation of dignity and freedom, business reputation.
The statement of claim must meet the requirements established for civil lawsuits. The statement of claim must be accompanied by documents confirming:
- The identity of the injured party (plaintiff).
- The fact of expenses (for treatment, external care, hospital treatment, etc.).
Please note: if a civil lawsuit was not filed/considered within the framework of criminal proceedings, it can be filed separately, that is, in the framework of civil proceedings.
Before filing a civil lawsuit, you need to determine the following:
- What right was violated?
- Is it necessary to establish guilt separately?
- The number of victims.
The method of its protection, restoration or appeal depends on the type of right that was violated. As for the separate establishment of guilt, it does not apply to cases where direct harm was caused to the health or even life of a person.
Within the framework of criminal proceedings, a civil lawsuit can be filed by:
- A civil plaintiff.
- Prosecutor.
- Victim.
- Legal representatives of the injured party.
A civil claim may be filed against the suspect or accused (i.e., against a person with a certain procedural status). The claim must clearly indicate the defendant.
According to legislative norms, the claim must be filed before the start of the case in court, that is, from the moment the prosecutor announces the Indictment (Part Two of Article 347 of the Code of Criminal Procedure of Ukraine).
If a person has been denied a claim in administrative, commercial or civil proceedings, he or she does not have the right to file this claim in criminal proceedings.
How to file a civil claim?
The current legislation provides for several options for filing a civil claim:
- Separately within the framework of civil proceedings.
This procedure is regulated by part two of Article 1167 of the Civil Code of Ukraine – the assignment of moral damage that caused the injury or death of a person.
- During the pre-trial investigation as part of criminal proceedings.
This can be done after suspicion is raised. Among the advantages:
- The possibility of imposing an arrest on property to secure a civil claim.
- Before the start of the trial in the court of first instance.
The defense can spend more time collecting evidence, imposing an arrest on the suspect’s property.
- After the court verdict, separately in civil proceedings.
The defense can claim compensation for property or moral damage. Advantage – the court decision proved a direct connection between the person’s actions and the harm caused.
Thus, a civil lawsuit in criminal proceedings allows you to:
- Reimburse the value of property.
- Receive compensation for harm to health.
- Compensate to one degree or another for moral damage caused.
The lawyers of our law firm “Prykhodko & Partners” have many years of experience in drafting and filing civil lawsuits in criminal proceedings. We work exclusively for results! Among our advantages is an individual approach to each specific case. Our specialists guarantee real, not formal, execution of court decisions. We have a solid theoretical base and practical experience to obtain the desired result for the client. There are no difficult tasks for us.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services, fill out the form below.
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How to choose a criminal defense lawyer?
Choose a lawyer based on their ability to control the process and think strategically, not on promises. Practical experience, a clear action plan from the first consultation, and real cases confirming results are key factors.
How can I contact a criminal defense lawyer if needed?
You can contact a lawyer via the provided contacts or through the law firm. It is important to promptly inform your lawyer about any changes in your case or circumstances that may affect its outcome.
What can a lawyer not guarantee?
A lawyer cannot guarantee a specific outcome of the case, as the decision is made by the court. However, they ensure professional defense using all legal tools to minimize risks and achieve the best possible result.
Is it possible to fundamentally change the course of a criminal case at pre-trial and trial stages?
Yes — provided there is systematic work, the right strategy, and professional procedural management. In criminal law, the result is the consequence of timely decisions.
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