Abstract

An issue worth an in-depth analysis is the possibility for an injured party or another authorized entity to file, pursuant to Art. 46 of the Criminal Code, an application for adjudicating an obligation to redress the damage or compensate for the harm suffered as an effective alternative to a separate civil claim. The purpose of this publication is, inter alia, to focus attention on some of the most important formal and substantive issues of such an application, which positively distinguish it from pursuing property claims for redressing a damage suffered as a result of an offence by bringing a civil lawsuit, and thus show the „advantages” of such an application. Submitting such an application often provides the aggrieved party (and other eligible entities) with a greater sense of certainty that they will receive an appropriate compensation, even if it is only partial. In such a case, the court is obliged to adjudicate that the perpetrator has an obligation to redress the damage in whole or in part, compensate for the harm suffered, or instead may decide on a supplementary payment to the injured (Art. 46 of the Penal Code). Undoubtedly, an advantage of pursuing civil claims in the course of a criminal trial is that in such case it is easier and faster for the aggrieved party to receive compensation for the damage caused, and at the same time the court in the same proceedings decides on the civil and criminal consequences of the offence committed by the perpetrator. It may be unequivocally stated that such an application is much more „informal” than a civil lawsuit. It is not subject to a fee, unlike a lawsuit. The aggrieved party does not bear any consequences of its dismissal, unlike the legal costs which they would have to pay if the civil action had been dismissed. Filing such an application relieves the aggrieved party of the burden to prove their claim as to the amount of the damage or harm caused, which becomes a duty of the court adjudicating in the criminal case. Moreover, the adjudication of such an obligation does not bar the injured party's path to a potential „additional” civil process in which they may pursue the unsatisfied claims if the damages or compensation awarded by the criminal court do not cover the entire damage or harm.