If you have books or articles reference or if you know of quality websites dealing with the theme addressed here, please complete the section giving useful references to its verifiability and linking them to the section"Notes and references"The civil action is an action for reparation to a victim of a prejudice resulting, or not, of a criminal offence. The civil action exists when the offence resulted in the infringement of a private interest in conjunction with the infringement of the public order. The civil action can be done side of public action As for any legal action, a civil action requires that the applicant has the legal capacity and interest to actIt is necessary in principle that there is an offence, criminally responsible for the damage. It is therefore necessary that the public action is admissible in the civil action will succeed.
The civil action is not admissible if the damage has not been caused by a criminal offence, or if public action is not admissible for the reasons listed by the article six of the code of criminal procedure, amnesty, prescription, res judicata, death of the offender.).
There are however exceptions provided for by the legislator in order to compensate more easily the victims. Thus, the correctional court may receive in a civil action for violations not intentional, where he gave the release. The criminal judge then applies the civil liability and must, therefore, characterize the fault. The existence damage is a condition of admissibility of the civil action. The nature of the damage is immaterial, therefore, that it is certain and current (physical damage, economic harm, material, moral.). In addition, according to article two of the CPC, the damage must be personal, that is to say that the interested party must have personally suffered the facts object of the proceedings. In addition, the causal link must be direct In other words, the damage must directly result from the offence.
The character is assessed on a case-by-case basis by the judges.
They admit it still, as soon as the damage is a constituent element of the offence. They have also accepted in some cases for formal offences as well as offences of general interest. The jurisprudence admits that the relatives of the victim will constitute a civil party in case of infringement of involuntary physical integrity of the person, manslaughter, unintentional injuries, voluntary violence, abuse of ignorance and weakness. The judges qualify then artificially direct the suffering caused by the sight of the spectacle of the suffering endured by the victim. This exception has been admitted in the convenience of compensate quickly close them without having to go through the civil courts. The direct quote makes the civil party to appeal directly the trial court without going through the investigation phase. It is only possible for offences and contraventions The constitution of a civil party action is the proceeding in which the victim manifests his willingness to act before the criminal courts to obtain the recognition of guilt of the perpetrator and damages.
