This is my first attempt on this board. I am currently researching a legal topic in all countries of the European Union. I would be thankful if posters from various EU countries could give me indications about the state of the question I am researching in their country.
The question is the following : do criminal proceedings in your country pause civil proceedings related to the same matter until a criminal ruling has been made?
I am particularly interested in the attitude of Denmark, Germany, Lithuania, Spain, Portugal, Czech Republic, Sweden and Ireland regarding this point.
Also, if I could be provided the precise statutes governing this issue, it would be optimal.
Also, where is it possible to reach your national legislation in English or in French (which is my mothertongue)?
Eli Price
How is this history related?
Alexander Young
>Post Latviaball >Do not ask for Latvian side
It's like you want me clobber you with a potato.
Ryder Morales
"Welcome to Veeky Forums - History & Humanities: This board is dedicated to the discussion of history and the other humanities such as philosophy, religion, LAW, classical artwork, archeology, anthropology, ancient languages, etc"
It's because I'm currently dealing with the Lithuanian Code of criminal procedure and couldn't think of a better pic.
Also I already have Latvian law on the topic, Art. 350 of CCP
Nolan Myers
>Art. 350 of CCP Wait, what the hell is this supposed to be?
John Howard
Code of criminal procedure, that's the reference I have for Latvia
Kriminālprocesa likums, A daļa, Sestā sadaļa, 26.nodaļa : Ar noziedzīgu nodarījumu radītā kaitējuma atlīdzināšana, 350.pants : Kompensācija par cietušajam radīto kaitējumu [...] (3) Ja cietušais uzskata, ka ar kompensāciju nav atlīdzināts viss radītais kaitējums, viņam ir tiesības prasīt tā atlīdzināšanu Civilprocesa likumā noteiktajā kārtībā. Nosakot atlīdzības apmēru, jāņem vērā kriminālprocesā saņemtā kompensācija. [...] (5) Nolēmums kriminālprocesā par personas vainu ir saistošs civillietu izspriešanā
If I get the translation right it means that the civil proceedings pertaining to a criminal case are to be decided after the criminal trial, the judgement of which is binding to the civil court.
Christopher Hall
Right, but that only pertains to damages deemed not rectified by decision in the criminal case - you can either apply for civil proceedings.
Furthermore 526(2) stipulates that a criminal case being dismissed also does not prohibit raising a civil case for damages, and 460(3) lists the same in case the prosecutor decides not to press charges.
I cannot see how that relates to what you are researching.
Chase Cox
Well if I'm wrong please correct me, that's why I created this thread for.
Also I'm not looking for a proof that the successful result of the criminal trial conditions the existence of civil proceedings, but only that the settlement of the civil proceedings needs a previous settlement of the criminal proceedings - be it a sentencing or a dismissal.
These articles all mention the way civil proceedings can be initiated depending on the ruling of criminal courts, not the other way around, so I took it as a hint that the criminal process preludes the civil one.
Ryan Torres
As you've correctly understood 350(5), a guilty verdict is binding on a civil court in deciding damages. You can also file for civil damages as part of criminal proceedings.
However you can file separately for civil damages, in the practical sense this can make sense to avoid statute of limitations from applying (e.g. 3 years in Commercial law cases).
So you can either file for damages parallel to the criminal case, as part of the criminal case, or after the criminal proceedings have concluded (one way or another).
Thomas Cruz
That I had understood, however my issue deals with the ruling of civil cases AFTER the criminal verdict, not its filing. From what I've seen, it seems to be the case.
The issue is never actually addressed, but I guess that the specific mention of the state of the criminal proceedings governing the possibility to file civil claims implies that the criminal proceedings have some sort of precedence.
I'd say these informations concur to the conclusion I have reached. If their is any further Latvian legal custom or jurisprudence about this specific point, I couldn't find it, because I can't read Latvian and English-written Web resources about Latvian criminal procedures are seldom (I got an English version of the Latvian Code of criminal proceedings here legislationline.org/documents/section/criminal-codes )
Nolan Edwards
I have to go, I'll be back in approximatively six hours.
I hope some people will contribute to the thread during this time, thanks.
Daniel Moore
lurk moar. it's basic ettiquete to lurk at LEAST 2-3 months before posting.
also try not to use Veeky Forums, or any board for that matter, as a way to do research/homework
Noah Martin
...
Kayden Cruz
What's the thing between Lithuania and Latvia?
Landon Rodriguez
USA: People are usually smart enough to file the civil action after the criminal action produced a desirable result.
Aiden James
Trying to figure out who has the worse country.
Jack Hill
I want to know who is he not what hes doing.
James Hill
Autistic guess at a flag for Baltic Prussians (aka Old Prussians)
Kayden Hill
racist
Ryan Green
Prūsa (some kind of reconstitution of Baltic Prussia)
