Consideraţii privind constituirea ca parte civilă în noul proces penal

Considerations about bringing a civil claim in the new criminal trial

Ionuţ BORLAN

Judecător stagiar - Judecătoria Dej

Abstract

The new criminal trial reflects the legislator’s efforts to redirect the procedural conception of the Criminal Procedure Code towards a system based on adversarial procedure, but adapted accordingly to our continental system. In this context, the criminal provisions on civil action were not spared by the legislature, being prominently governed by the celerity principle regarding the criminal action.

By means of this study, the author wishes to bring to the attention of readers a few theoretical aspects on the possibility of bringing a civil action in the new criminal proceedings, and also, how these aspects should be applied in our judicial practice. Therefore, this study does not represent an exhaustive collection of ideas on civil action in general, but is limited to the legal provisions...