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Implications Generated by the Moment Established by the Law for Introducing the Civilly Responsible Party and the Moment Up Until the Injured Person Can Constitue as a Civil Party

Author

Listed:
  • Denisa Barbu

    ("Valahia" University of Targoviste, Faculty of Law and Administrative Sciences, Department of Administrative Sciences)

  • Georgiana Marina Niculae

    ("Valahia" University of Targoviste, Faculty of Law and Administrative Sciences)

Abstract

The civilly responsible party can be introduced, according to art 21, alin (1), C.p.p. as modified through CCR Decision up until the end of the criminal persecution by the person in right according to the civil law, in order to be able to formulate requests and to raise exceptions in the preliminary chamber. So, the civil party, as the person in right by the civil law, can ask to be introduced the civilly responsible party by the end of the criminal prosecution. On the other hand, the injured person can constitue as a civil party, as art. 20, alin (1) C.p.p. statues, up until the beginning of the judicial research. Therefore, in the situation that the civil party is not constituted up until the beginning of the preliminary chamber and she does not ask to be introduced the civilly responsible party is there an infringement of the right of the prosecuted? Nor the ones of the civilly responsible party? Are there any remedies?

Suggested Citation

  • Denisa Barbu & Georgiana Marina Niculae, 2020. "Implications Generated by the Moment Established by the Law for Introducing the Civilly Responsible Party and the Moment Up Until the Injured Person Can Constitue as a Civil Party," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 8(1), pages 53-59, December.
    • Handle: RePEc:lum:rev13d:v:viii:y:2020:i:1:p:53-59
    DOI: https://doi.org/10.18662/lumenlaw/8.1/36
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    More about this item

    Keywords

    preliminary chamber; the civilly responsible party; the civil party; the prejudice; the rights of the best interests of the child;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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