Repararea daunei morale în procesul penal [Articol]

Abstract

In doctrine, especially in judicial practice, one of the most complicated and tender problems is the way of repairing the moral damages caused by illicit deeds. Really, the admissibility of these damages and especially the ways to repair them now is one of the most difficult problem not only for legislator, but also for theorists and practitioners. The person who has suffered damage as a result of an offence has the possibility to defend the violated right by exercising the civil action in the criminal proceeding, which constitutes a procedural benefit for the victim of the offence to use all the elements of the prosecutor in charge, as well as the whole procedural framework of the criminal process, in order to see its civil, patrimonial or moral interests satisfied that were affected by the offence against him.