The compensation of victims in civil court based on criminal sentence has become final

Authors

  • Luiz Gustavo Lovato

DOI:

https://doi.org/10.14295/revistadaesmesc.v19i25.55

Keywords:

Liability. Damages. Penal sentence.

Abstract

The prosecution has the main scope of the punishment agent who practices a crime. For punishment the law provides for the deprivation of liberty, the restriction of rights and fines, all completed before the state. Repair or compensa­tion for the harm suffered by the victim is a side effect of criminal conviction, which allows you to no longer discuss this right, but directly run your credit in the face of the condemned. The participa­tion of victims in criminal proceedings, however, is minimal, summing up the testimony. She has no room to apply the sentencing of the defen­dant to indemnify him and even fewer produce evidence relating to the extent of the damage. Based on these problems, the direct execution of the criminal sentence has become final without the need for prior settlement in civil court, it becomes increasingly difficult to achieve. Perhaps impos­sible.

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Published

2012-11-27

Issue

Section

ARTIGOS