Adhesive claim - pursuing claims in a criminal trial
Possibility to pursue claims arising from criminal judgments
The Criminal Code and the Code of Criminal Procedure have introduced regulations that allow us to pursue our civil claims in connection with a committed crime, if the victim submits an adhesive application.
What is an adhesive claim?
An adhesive claim is one of the ways of pursuing civil claims in a criminal trial. Its main purpose is to enable the aggrieved party to obtain compensation or redress. A person who has been injured has the possibility to bring such an action until the commencement of the trial (in other words - until the indictment is read by the prosecutor).
Who can be brought an adhesive claim against?
We can bring such an action only against the accused (i.e. the person against whom the charges have been brought in the criminal proceedings).
What can I do by bringing an adhesive claim?
By means of this measure, it is possible to pursue only property claims that arise directly from the committed offenses, both private prosecution and offenses prosecuted ex officio. Courts also often indicate that the pursuit of claims may be of a non-pecuniary nature, serving as compensation for the committed crime.
Formal obligations of the brought adhesion claim
Such an action should be brought in writing as a statement of claim. Of course, it must comply with the formal requirements of the pleading contained in Art. 119 of the CCP. so it must contain:
1) designation of the authority to which it is addressed and the case to which it relates,
2) designation and address of the person submitting the letter,
3) the content of the application or statement, with justification if necessary,
4) date and signature of the person submitting the letter.
In addition, it must also meet the rigors of bringing a claim in civil proceedings, and therefore must contain:
1) a precisely specified request, and in cases of property rights also the indication of the value of the subject of the dispute, unless the subject of the case is a specified amount of money;
2) citation of the facts justifying the request and, if necessary, also justifying the jurisdiction of the court.
If all the above formal conditions are correctly fulfilled, the court initiates evidentiary proceedings in order to adjudicate on the same level of criminal and civil sanctions against the debtor. It is worth noting that the court in such a case does not rely on the provisions of the Code of Criminal Procedure, but takes into account the provisions of substantive civil law (an exception is the conviction of the accused). A situation in which the court declines to impose a sentence is, in fact, a conviction. However, if the court acquits the accused or the proceedings are conditionally discontinued, the court will leave the civil claim unrecognized.
What are the costs of such a procedure?
The plaintiff bears the costs of the proceedings in the event that he lodges an appeal only in the scope of a civil claim and also when he loses the case (he hijacks the costs of the trial for the benefit of the accused and the State Treasury).If the court temporarily suspends the proceedings, or if the claim is left unrecognized, the costs of the trial incurred by the civil claimant in the criminal proceedings shall be included in the costs of the civil trial for the same claim. It is worth noting at this point that the court does not adjudicate on the payment of court fees, which is caused by the emerging difficulty in proving which of the parties is the winner and which is the loser. It should be remembered that also in this form of proceedings there are provisions that may exempt the claimant from paying fees.