Submission of a Civil Suit by a Prosecutor in the Interests of a State as a Way of Compensation for Damage, Caused by a Criminal Offence

Abstract

The outcome of every trial is always accompany by some interest where the civil attains compensation and the criminal imprisonment and fines. In achieving the said interest in a trial process, it is the role of the prosecutor in establishing that the accused is guilty of the crime committed. This article articulates, that it is the role of prosecutor to carry out justice in the name of the State whether during criminal or civil trial. The principle is clear here as we all know that during criminal proceedings the prosecutor is the principal party, but such trial cannot succeed if in the course of the criminal act the victim also incurred damages caused by the accused. In this regard, it is also the role of the prosecuting counsel to make a submission for such civil act that has caused damages to the victim. There are lots of complexities surrounding the understanding and interpretation of the word "interest of the state" as many states fails in establishing this is their various legislation in which the state of Ukraine is not an exception. Notwithstanding the important of this concept in every trial whether civil or criminal, what becomes of its outcome when effective recognition is not attached to it in terms of legislative recognition? It is there in this safeguard that there was a necessity in examining the place occupied by the submission of civil suits for the interest of the state and its implications in matters related to damages was deemed necessary.