Civilinis ieškinys baudţiamajame procese: nukentėjusiojo ir civilinio ieškovo santykis

Abstract

Crime as legal fact allows to try penal case and civil action simultaneously and is a base to apply penal and civil amenability. Civil action in penal proceedings is one of the methods to compensate the person who has suffered loss caused by the crime. Civil action in penal case is an institution of penal proceedings that is regulated and argued in accordance with standards of Code on Penal Proceedings of the Republic of Lithuania, which has not changed since 1961. According to the said Code person who has suffered loss caused by crime can bring in an action and become civil plaintiff. Object of civil action is composed of: 1. Claim to compensate loss caused by crime; 2. Material loss that the person suffered because of crime; 3. Expenditure related to consequences caused by crime. Civil action can not be based on fact of moral damages because Lithuanian laws neither determine its conception nor possibility to compensate it. Conception of civil action provided by Code on Penal Proceedings of the Republic of Lithuania is not perfect. It is not right to limit basis of civil action account to traditional understanding directly relating to standards of Code on Penal Proceedings. There is necessity to pay attention to Constitution, Civil and Penal Codes and include compensation of moral damages as basis of civil action. Regulation of civil action in Code on Penal Proceedings of the Republic of Lithuania must be improved taking into account realia of life, essence and purpose of civil action, i.e. that civil action in penal proceedings is a claim of a person directed to competent institutions to acknowledge and rehabilitate his violated right and force the culprit or other persons who are materially responsible for criminal activities of culprit to compensate damages caused by the crime. According to concept of civil action, person who has suffered material or/and moral damages because of crime must be recognized as civil plaintiff, if on the basis set by law he has applied to legal institutions to rehabilitate his violated right and compensate damages by culprit or by person who bear material responsibility for actions of culprit.