The civil claimant in criminal proceedings

A civil claimant in criminal proceedings is a person who has suffered financial loss or non-pecuniary harm as a result of an offence and seeks compensation. By joining the proceedings in this capacity, the claimant can bring a civil claim against the defendant to recover the losses suffered.

The civil claimant’s main characteristics and rights are as follows:

• Bringing a claim: The civil claimant brings a claim for damages in the criminal case itself.
• Procedural role: The claimant takes part alongside the public prosecutor but is concerned with financial loss and non-pecuniary harm rather than with the prosecution itself.
• Evidence and participation: The civil claimant may submit evidence, ask for witnesses to be summoned and participate actively in the trial.
• Appeal: The claimant may appeal a judicial decision in so far as it affects the civil claim, including the amount of compensation awarded.

This role allows a victim to obtain a civil remedy alongside the prosecution of the offender. This article does not constitute a legal opinion or advice concerning any particular situation or person. For help with a criminal matter and representation in court, consult a lawyer who practises criminal and tort law.