HCCJ. Notification of the civil court as a result of dropping the criminal case

The High Court of Cassation and Justice has decided that the person who opted for civil claims in criminal court proceedings – in which the party can be a plaintiff claiming damages until the act of prosecution is read – can not be deprived of the right to refer to the civil court when this legal option remained unfinished due to the decision to not being the criminal investigation.

The High Court stated that, in this case, the right of the injured party to bring an action in civil court arises from the moment when the party realized that the civil side of the criminal proceedings can not be resolved and only by reference to this moment it can be determined whether the notification of  the civil court was made within and in compliance with the period regarding the statute of limitations .

(Decision no. 1,827 of June 11, 2014 delivered in appeal by the Civil Section I of the High Court of Cassation and Justice covering moral damages request)

:: The source: JURIDICE.ro


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