CIVIL CLAIM IN A CRIMINAL CASE: CERTAIN CRIMINAL PROCEDURAL ASPECTS

Abstract

The subject of the study is the criminal procedural aspects of such an institution as a civil suit in a criminal case. The problematic issues of filing a civil claim, its procedural form, the peculiarities of the legal status of the civil plaintiff and the defendant, the issues of proof in a civil claim in a criminal case are analyzed. Certain aspects of the investigator’s powers are studied as a reaction to the filed civil claim and following response. The aim of the study is to identify the problems of filing a civil claim in a criminal case and involving participants in the status of a plaintiff and a defendant. The objectives of the study are to determine the time and procedure for filing a civil claim, the obligation to provide evidence, the features of attracting a plaintiff at the pre-trial and trial stages. The article analyzes the existing positions of the Plenum of the Supreme Court of the Russian Federation on the issue in question.