Teorijski aspekt štete prouzrokovane krivičnim delom

Abstract

In this paper, the author theoretically deals with traditional notions of civil law in a new light, from the aspect of criminal substantive and procedural law. The notion of damage caused by a criminal offense is only "the other side of the same coin", one type of damage. In this case, the same act of the crime causes two consequences, or rather one negative change in the real world, due to which the legal system activates two reaction mechanisms - criminal and civil. On the one hand, there is the emergence of a criminal act that triggers the mechanism of protection of private, state and social goods and values - criminal process aimed at imposing a criminal sanction. On the other hand, the damage caused is compensated to the injured party according to the principle of civil law through the institute of a property claim that can be realized in criminal or civil proceedings. The concepts that are in inseparable cooperation are analyzed, such as: the concept of civil law offenses and tortious liability, the concept and types of damage caused by a criminal offense, the demarcation of the concept of damage and the consequence of a criminal offense. Then the author retrospects the realization method of compensation for damage and the circle of subjects who may be responsible for the damage caused by the criminal offence. This paper will be the first in a series of papers in which the author will deal with the problem of compensation for damage in criminal, civil and civil law enforcement proceedings and controversial issues that arise from it (obsolescence of damage compensation claims, subjects responsible for the damage and subjects who can be the holders of a property claim, the adequacy of the procedure in which the property claim is realized, the means of execution of the monetary compensation claim for damage caused by a criminal offense, etc.).