İnvestigative Jurisdiction in Crime Prosecution

 

The mechanism for compensating individuals for material or moral damages incurred as a result of the commission of a crime is the issuance of civil claims.

The issuance of civil claims is a subjective right. When there are sufficient grounds to conclude that material damage has been caused as a result of an act envisaged by criminal law, the execution of the crime during criminal proceedings is recognized as the responsibility of the physical or legal person who filed the civil claim.

The person recognized in the civil liability section is the individual who may be held legally responsible under the law for the material damage caused as a result of the commission of an act envisaged by criminal law during the course of the criminal process regarding the allegations made.

During the criminal proceedings, the civil claim is submitted in writing against the person accused of civil liability or against the person who may be held responsible for the property due to their actions. The civil claim is submitted on behalf of the legal entity by its representative in the criminal case.

During criminal proceedings, the right to submit a civil claim belongs to any natural person who has this right. If the person dies, the right to submit a civil claim passes to their heirs, and in cases where the legal entity is dissolved or reorganized, it passes to its legal successor. A person can submit a civil claim at any time from the initiation of the criminal investigation until the conclusion of the court hearing of the criminal case. When a civil claim in a criminal case is submitted, it is examined in the same court where the criminal case is being heard. The decision on the civil claim during criminal proceedings is rendered by the court in its judgment. There is no time limit for submitting a civil claim under this requirement.

As mentioned, you can raise a civil claim to seek compensation for the damage inflicted on you during the commission of a crime. This is also based on the principle of procedural economy. In other words, it allows for the restoration of violated rights within the framework of the same criminal case without the need for additional court proceedings.

If you do not submit your civil claim within the framework of the criminal case, you can also file it separately within the framework of civil proceedings at the first instance court. In this case, a civil claim application is prepared based on the requirements of civil procedural legislation and submitted to the relevant court.

As a rule, civil claims are raised against the official registered address of the respondent natural person and against the address of the legal entity respondent. In cases of injury or other forms of harm to health, as well as damages resulting from the death of a family member, civil claims can be filed according to the place of residence of the injured party or the location where the damage occurred.

Recovering violated rights is a fundamental entitlement for everyone. Utilize the services of professional legal experts to defend your rights.