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Criminal Conviction

In condemning someone for the commission of an offense, the Judge-State imposes criminal penalties that the law provides. However this penalty, which may be imprisonment, restriction of rights, imprisonment and or a fine, is not the only consequence of the criminal conviction. A criminal conviction has other effects, both criminal (side effects) as extrapenal nature (civil effects, administrative, etc). Among the effects, which are more important for the victim, it concerns the item I, which makes certain obligation to compensate the damage caused by the agent of the crime. Therefore, the criminal conviction, from the moment it becomes un-appealable, the jurisdiction in civil proceedings for compensation seems to be for damage purposes. It is enforceable nature, allowing the victim to claim in court the civil indemnity without the convicted of the offense can discuss the existence of crime or their responsibility for it.

Criminal Justice System and the Panel Institutions

The crime offends a well-interest, leading to an actual or potential injury to the victim. Under the Civil Code, is obliged to repair the damage he who, by voluntary action or omission (fraud) or negligence or recklessness (culpa), violate the rights or cause injury to others. As emphasized by many authors, the sentence works as merely declaratory judgment regarding the civil damages because it no express command of the defendant repair the damage caused by crime. However, it is very commonly offended by ignorance of their rights; do not go to court to obtain reparation. But when this happens, the person concerned will not be required, in civil court, prove the materiality, authorship and the unlawfulness of the fact, already based in the criminal sphere, to obtain compensation for the damage. It will be only the amount of compensation claimed by crime victim in question. For illustration purposes, it should be noted here that the Supreme Court has already ruled on the sentence that gives the judicial forgiveness as sentence, in effect, therefore, as enforceable.

Damage Caused by the Crime

Unappeasable the sentence and dying the condemned, civil execution will be brought against his heirs, the inheritance forces, according to the principle of liability of our Civil Code. Likewise, the extinction of punishment for any reason, after the final judgment of conviction does not preclude its side effects of forcing the subject to compensation for damage. In the case of murder, for example, damage repair is the payment of all costs of the criminal act and the provision of food to persons to whom the deceased owed them. It should be noted that the moral damage, the issue under discussion, it is also because, especially in crimes against honor and against custom. Indemnities (property damage and or moral) to in the present study are regulated by the Civil Code.

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