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In a criminal trial, the victim of a crime may obtain damages from the perpetrator of the crime by participating in the trial as a civil party.
A civil action has the purpose of establishing the responsibility of the offender, as well as of the party with liability under civil law.
During a criminal trial, a civil action may be brought together with the criminal action, with the injured party appearing as a civil party.
Damages are paid in kind or in money in cases where payment in kind is not possible. Damages are also awarded for any injury suffered by the civil party.
The injured party may act as a civil party against the defendant or the offender and against the person with civil liability. The civil party may bring an action during the criminal proceedings, as well as before the court until the act of referral is read.
The fact that the injured party brings a civil action does not alter the person's right to take part in the same trial as an injured party.
Civil actions are exempted from stamp duty.
Civil actions are brought and conducted (ex officio) when the injured party lacks the capacity or has a limited capacity to exercise his or her rights.
The injured party may bring a civil action against the defendant or the offender and against the person with civil liability.
A civil action may be brought during the criminal proceedings or before the court until the act of referral is read.
During criminal proceedings the claim must be submitted to the criminal prosecution service and during the trial it should be submitted to the court.
According to the rules on civil actions, the person claiming damages has to indicate the amount thereof
Any person bringing an action in a trial is entitled to legal assistance against payment.
Legal aid is granted, on application, to the following categories of victim:
Legal aid is granted to victims of crimes committed in Romania or, if the crime was committed outside Romania, if the victim is a Romanian citizen or a foreign citizen lawfully resident in Romania and if the criminal trial takes place in Romania.
Legal aid is granted under certain circumstances, on application, to the victims of other crimes if the monthly income per member of the victim’s family is at most equal to the minimum gross salary of the country established for the year in which the victim submitted the application for legal aid.
Legal aid is granted only if the victim notifies the public prosecution service or the court within 60 days from the date when the crime was committed or from the date on which the victim recognised that the crime had been committed or from the date on which the state of incapacity ceased.
The victims who are not yet 18 years old or have been declared incapable of managing their own affairs are not required to notify the public prosecution service or the court of the crime. Their legal representative may notify the public prosecution service.
The facts of the case are determined by the following evidence: statements by the defendant or perpetrator, statements by the injured party, the civil party and the party liable under civil law, witness statements, written documents, audio or video recordings, photographs, material evidence, technical-scientific findings, forensics and expert reports.
Evidence illegally obtained cannot be used in criminal trials.
Civil actions are conducted under civil law even if they are brought during a criminal trial. Therefore, the civil party may submit evidence under civil law in support of his/her claims (written evidence, verification reports, witness evidence, expert reports, on‑the‑spot investigations, interviews).
Orders arising from the criminal-law judgment regarding the civil damages and costs payable to the parties are enforced according to civil law.
Assets are attached in response to an application from the claimant by the officer of the court at the place of residence or business of the debtor or the third party whose assets are attached. In the case of family child maintenance payment and of compensation for damages for the reparation of the damages caused by death, health and bodily harm, when the order is enforced upon the debtor's salary or other regular flows of income, the court orders the initiation of the attachment ex officio immediately after the decision enters into force.
Where enforcement is initiated by several claimants or if other creditors also submitted their claims before the amount obtained by enforcement has been released or distributed, the officer of the court distributes the amount in the following order of preference, except where the law provides otherwise: legal costs, wages, maintenance claims, budgetary claims, claims arising from loans granted by the government, compensation claimed for damages inflicted on public property by illegal acts, claims arising from bank loans, claims in the form of fines payable to the state or local coffers, other claims. Where claims are in the same preference category, unless the law provides otherwise, the amount obtained will be shared out among the claimants in proportion to each claim.
Yes, you can obtain financial compensation from the State under Act No 211/2004 on measures for the protection of crime victims.
Financial compensation is granted, on application, to the following types of victim:
Financial compensation is granted to victims if the crime was committed in Romania and the victim is a Romanian citizen or a foreign citizen lawfully resident in Romania or under international conventions to which Romania is a signatory if the crime was committed in Romania and the victim is a non‑national not resident in Romania.
Financial compensation will be awarded to the victim for the following losses suffered because of the crime committed. In the case of the victims of attempted murder, first-degree murder, aggravated murder, grievous bodily harm, wilful grievous bodily harm, rape, sexual intercourse with a minor and sexual abuse, the following losses are compensated:
In the case of the spouse, children and persons who were maintained by the victim of murder, first-degree murder and aggravated murder, or of wilfully committed crimes that led to the victim's death, compensation is awarded for the following:
Financial compensation is awarded up to a ceiling equivalent to 10 minimum national gross salaries established for the year when the victim applied for compensation.
Sums paid by the offender in civil damages and the compensation obtained by the victim from an insurance company for the loss caused by the crime are deducted from the amount of the compensation awarded by the State to the victim.
See the answer to Question 2.2.
See the answer to Question 2.2.
Under Act No 211/2004 financial compensation is awarded to victims of crimes committed in Romania.
Financial compensation is awarded to the victim only if he/she notified the public prosecution service or the court within 60 days from the date when the crime was committed or from the date on which the victim recognised that the crime had been committed or from the date on which the state of incapacity ceased.
The victims who are not yet 18 years old or have been declared incapable of managing their own affairs are not required to notify the public prosecution service or the court of the crime. Their legal representative may notify the public prosecution service.
The Act on measures to safeguard the protection of crime victims does not require a court decision, a referral for trial or an order to terminate criminal proceedings or to drop the charges. However, the amount received as financial compensation must be returned if the victim did not satisfy the conditions required for receiving the money.
Financial compensation is not awarded if:
The recipient of financial compensation or an advance on financial compensation must return the sum if one of the above cases is proved.
Yes, the financial compensation granted by the State is secondary; it covers cases where damages cannot be claimed from the criminal.
If the offender is known, financial compensation may be awarded to the victim if the following conditions are met:
If the victim is unable to apply for compensation, the one-year period is to be calculated from the date when the incapacity ceased or when the decision to allow the civil action is declared irrevocable (if the court ordered the separation of the civil action from the criminal proceedings).
The victims who are less than 18 years old or have been declared incapable of managing their own affairs are not required to bring a civil action.
Documents to be submitted:
Yes, victims may receive compensation in cases where the offender has not been identified or convicted. If the offender is unknown, the victim may apply for compensation within three years from the committing of the crime if he/she has not obtained full compensation for the injury suffered from an insurance company.
If the offender is known, compensation may be awarded to the victim if the following conditions are met:
If the victim is unable to apply for compensation, the one‑year period is to be calculated from the date when the incapacity ceased or when the decision to allow a civil action is declared irrevocable (if the court ordered the separation of the civil action from the criminal proceedings).
The victims who are less than 18 years old or have been declared incapable of managing their own affairs are not required to bring a civil action.
If the offender is unknown, the victim may apply for compensation within three years of the committing of the crime if he/she has not obtained full compensation for the injury suffered from an insurance company.
If the victim is under age and his/her legal representative did not apply for compensation within the time limit, the period starts on the date of the victim's 18th birthday.
See the answer to Question 2.3.
See the answer to Question 2.3.
See the answer to Question 2.3.
See the answer to Question 2.3.
See the answers to Question 2.8., 1.5. and 2.9.
The victim may apply for an advance on the financial compensation up to an amount equivalent to 10 minimum national gross salaries established for the year when the victim applied for the advance from the committee responsible for awarding compensation to the victims of crime.
The advance may be requested by an application for compensation or by a separate request that may be submitted anytime after notification from the public prosecution service or of the court of law and not later than 30 days after the date of the submission of the application for compensation.
The advance is granted if the victim finds himself/herself in an precarious financial situation.
A victim’s application for an advance on compensation is examined within 30 days of the date of the application by two judges on the committee responsible for awarding compensation to crime victims.
If the compensation is refused, the victim must return the advance unless the application for compensation was refused only because the offender is insolvable or has disappeared.
The prosecutors and police officers are required to inform the crime victims about the conditions and the procedure governing the granting of state compensation. The information is brought to the victim’s attention by the judge, public prosecutor, police officer or agent whom the victim contacts, in writing or verbally, in a language that he/she understands.
See the answers to Questions 2.18 and 1.5.
Applications for compensation should be submitted to the court of law within the jurisdiction of which the victim lives. Application is processed by two judges on the committee responsible for awarding compensation to crime victims that is attached to every court of law.
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Last update: 21-09-2007