About an Ethical Interpretation of the Law. Resolution of the Civil Action during the Criminal Trial

Authors

  • Florin Octavian Barbu PhD Student, “Academician Andrei Radulescu” Institute of Legal Research, Romanian Academy, Bucharest, Romania
  • Claudiu Gabriel Neacșu Faculty of Law and Administrative Sciences, Valahia University of Targoviste, Romania

DOI:

https://doi.org/10.18662/jess/4.1/26

Abstract

From the provisions of art. 25 para. 1 and art. 397 para. 1 of the Criminal Procedure Code, as in the previous regulation, it results that the legislator took into account an element not only of civil justice, but also of social ethics, when it was established that the criminal court also rules, through the same decision, on the action civil. Basically, the two provisions stated above express the same idea, although this repetition was not absolutely necessary. From the current regulation of solving the civil action during the criminal trial, we notice that the legislator has maintained a series of general principles such as: cases of ex officio settlement of the civil action, dependence of the civil action on the way the criminal action is settled, the disjunction of the civil action from the criminal proceedings, the failure to resolve the civil action as a distinct procedure from that of admitting or rejecting the civil action, resolving the civil action only by the court, and the interdiction to resolve it during the criminal investigation, which, however, were adapted to a new legislative vision.

Author Biographies

Florin Octavian Barbu, PhD Student, “Academician Andrei Radulescu” Institute of Legal Research, Romanian Academy, Bucharest, Romania

PhD Student, “Academician Andrei Radulescu” Institute of Legal Research, Romanian Academy, Bucharest, Romania

Claudiu Gabriel Neacșu, Faculty of Law and Administrative Sciences, Valahia University of Targoviste, Romania

From the provisions of art. 25 para. 1 and art. 397 para. 1 of the Criminal Procedure Code, as in the previous regulation, it results that the legislator took into account an element not only of civil justice, but also of social ethics, when it was established that the criminal court also rules, through the same decision, on the action civil. Basically, the two provisions stated above express the same idea, although this repetition was not absolutely necessary. From the current regulation of solving the civil action during the criminal trial, we notice that the legislator has maintained a series of general principles such as: cases of ex officio settlement of the civil action, dependence of the civil action on the way the criminal action is settled, the disjunction of the civil action from the criminal proceedings, the failure to resolve the civil action as a distinct procedure from that of admitting or rejecting the civil action, resolving the civil action only by the court, and the interdiction to resolve it during the criminal investigation, which, however, were adapted to a new legislative vision.

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Published

2020-12-21

How to Cite

Barbu, F. O. ., & Neacșu, C. G. . (2020). About an Ethical Interpretation of the Law. Resolution of the Civil Action during the Criminal Trial. Journal for Ethics in Social Studies, 4(1), 31-43. https://doi.org/10.18662/jess/4.1/26

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