Crimes of a private nature, a complainant and a complaint.


Crimes of a private nature, a complainant and a complaint. When am I a civil claimant?

 
I saw who ruined my car tires and knew him. My neighbor deliberately poison my dog! Crimes of a private nature are those which, on my own initiative, by the filing of a petition, a private prosecution, begins the criminal prosecution of the perpetrator (the one I blame for committing a crime), having the right at any time to determine the course of the proceedings; in some cases I can even ask the convict not to be punished. So I perform the function of "private complainant" in the criminal proceedings.
 
 
 
Private crimes are not so severely punishable (mild personal injury, damaged personal belongings), they often only affect my personal interests (insult, defamation) or are related to my relatives (I have suffered from my relative). What is special is that in this type of crime I know who did it and point it out in its "complaint" to the court, that is, I blame him.
 
Private complainant
In order to be able to form a criminal case, I must be directly and immediately injured by having suffered physical / non-material (pain and suffering) or material / material damage (damaged item)
 
 
 
I also have to be an adult and not be jailed. If I do not meet either of these conditions, the complaint is filed by my legal representative.
 
I can be a private inheritance complainant when the victim of a crime is:
 
after he has filed a private litigation, I, as his heir, can continue the case;
he died before he filed a complaint - then as his heir I have the right to sue by complying with the term of 6 months.
It is important to know that the burden of proving private crimes lies upon me - the private complainant, as a complainant, I have the duty to prove that a crime has been committed and that I have suffered from it, and the amount of damage I have suffered.
 
As a private complainant I can not be a witness in the case.
 
If the accused is declared innocent or the criminal proceedings are terminated, the costs of the cases brought in my complaint are paid by me
 
Private filing must be mandatory within 6 months of:
 
committing the crime when I have witnessed the crime - for example, I see someone who cares about the tires of the car.
the moment I know about the crime - I go to the villa to find that someone has stolen my firewood.
the moment when I was refused to initiate or the pre-trial proceedings were terminated - for example, I have filed a report with the prosecutor for a crime that the offense has proven to be of a general nature.
This should not happen later than one month after receipt of the notice of termination of pre-trial proceedings.
 
The "litigation" itself should be in writing and contain my data (names, PIN, address); data about the person to whom I submit it (ie the person I blame for committing the crime); the circumstances of the crime (to describe in detail what has happened) and to sign. I also have to attach to the complaint the document for a paid state fee. All this I submit to the court registry.
 
Cases in which the case is not brought to court, but to the prosecutor:
If someone deliberately prevented me from going to work or forced me to leave because of my nationality, race, religion, social origin, membership or non-membership of a trade union or other organization, political party, organization, movement or political coalition, or because of mine or my political or other beliefs. This crime is of a general nature, but to initiate criminal proceedings, I should file a complaint with the prosecutor.
 
In these cases, the complaint must contain information about me and have signed it, and I do not owe a state fee when submitting it.
 
Cases in which the prosecutor intervenes in cases that are principally formed on my complaint:
The prosecutor may also institute pre-trial proceedings or intervene in a private case regardless of my will, in exceptional cases if I am in a state of helplessness or a state of dependence on the perpetrator of the offense (eg I get support from the offender). In these cases, after the prosecutor has intervened, continued or formed, the case continues to be a matter of a general nature - that is, the prosecution is already carried out and carried out by the prosecutor.
 
Until judgment is given by the judge in the case, I can withdraw my complaint at any time and thus terminate the case. Similarly, the case is terminated if I do not appear in the case without valid reasons.
 
But even when the perpetrator of the crime has already been convicted by the court, I, as a private complainant and a major factor in the whole case, may demand that the sentenced person be punished by not being served by him (it is enough for me to convince the court that he was guilty ).
 
I have the right to ask for assistance from the authorities of the Ministry of Internal Affairs


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Crimes of a private nature, a complainant and a complaint. Crimes of a private nature, a complainant and a complaint.