What is damage caused in the criminal code?

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16.04.2024 15:45 255

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Photo of lorina200215 Lorina Fedan

The term "reparation" means a form of responsibility, giving someone something else to replace what was lost, wasted, destroyed, etc. In the theory of the criminal process, the use of the term "damage compensation" is considered appropriate (regarding moral damage), since it is difficult to imagine compensation for suffering, and compensation for the latter is quite possible. In view of this, Chapter 9 of the Criminal Procedure Code is entitled "Reparation (compensation) of damage in criminal proceedings, civil action."

Etymologically, the word "damage" means damages, losses that are the result of committing any illegal actions caused by a criminal offense.

Damage is a set of adverse personal non-property, as well as property consequences that have arisen in the event of a violation of the subjective rights of an individual or legal entity. It is one of the conditions or grounds for the obligation to compensate it. The category "damage" is closely related to issues of civil liability. Among the grounds of civil liability, along with the illegality of behavior (action or inaction), the causal connection between the illegal behavior and the damage caused by the fault of the person who caused the damage, the presence of property and/or moral damage must be distinguished.

16.04.2024 15:49

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