Criminal and civil liability

Criminal liability for an offence and civil liability for harm it causes to others are determined under different procedures. The injured party may bring a civil claim in the criminal proceedings or sue separately in a civil court. If the alleged wrongdoer is being prosecuted, it is for the injured party to decide whether to wait for a binding criminal judgment establishing the unlawfulness of the conduct and the offender’s fault (Supreme Court of Cassation Order No. 362 of 28.03.2017 in civil case No. 3030/2016). Under Article 300 of the Code of Civil Procedure, a final criminal judgment binds the civil court as to the commission of the act, its unlawfulness and the offender’s culpability. The absence of such a judgment does not mean that the requirements for pursuing liability in tort under the Obligations and Contracts Act are not met (Supreme Court of Cassation Order No. 8 of 11.01.2012 in private commercial case No. 897/2011). In the absence of a criminal judgment, the civil court must use the means of proof permitted by the Code of Civil Procedure to determine whether a tort occurred and what damage resulted.

It is advisable to engage a lawyer for representation both on criminal liability for the offence and on civil liability for the harm caused to third parties.

This article is not a legal opinion or advice on any particular situation or person. For help with an individual case, consult a lawyer for specialist advice.