In the context of the criminal process, the civil party plays a fundamental and complex role, aimed at protecting private interests within a proceeding that, by its nature, is intended for the repression of crimes and the protection of collective interests. The function of the civil party is primarily to obtain compensation for the damage suffered due to the crime, supporting the public prosecution without overlapping with it.
The legitimacy to become a civil party belongs to anyone who has suffered a direct and personal damage from the crime. This can include individuals, legal entities, organizations, and associations. The establishment of a civil party occurs by filing a written act with the registry of the competent judge, within specific deadlines established by the code of criminal procedure.
The establishment of a civil party must occur before the opening of the first-instance trial. It is essential that the act of establishment meets the formal requirements set by law, including the precise indication of the damage suffered and the request for compensation. An experienced criminal lawyer can provide valuable assistance in this phase, ensuring the correctness and timeliness of the act.
Once established, the civil party acquires a set of rights and duties in the criminal process. Among the main rights are the possibility to present evidence, participate in hearings, and make requests to the judge. However, the civil party must respect the rules of the process, avoiding obstructing the main function of the criminal trial, which is to ascertain the criminal responsibility of the accused.
The presence of a criminal lawyer is crucial for the civil party, not only during the establishment phase but throughout the entire legal process. The lawyer can guide the client through the complexities of criminal law, maximizing the chances of obtaining adequate compensation and effectively representing private interests without hindering the criminal action.
For more information and to receive personalized advice, we invite you to contact the Bianucci Law Firm. Our experts in criminal law are at your disposal to assist you at every stage of the process.