Acţiune civilă în procesul penal. Daune morale. Criterii de apreciere a cuantumului

Civil action in criminal case. Moral damages. Criteria for appreciating the amount

Abstract

In the absence of certain legal criteria on the basis of which an objective quantification of the moral damages can be realized, the court is the one that will proceed to establishing them in relation to the negative consequences produced by the car accident, the importance of the values injured to the civil part, the intensity and the consequence of the mental trauma suffered, to what extent its material and social situation was affected.

The damages representing moral damages must be reasonable, their appreciation and quantification must be fair and equitable, to correspond to the real and effective moral damage caused to the injured party and suffered by it, in such a way as not to reach an enrichment without a fair basis of the one entitled to claim and receive moral damages, but neither should they be...