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PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

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claimant in the cases and following the order as provided in this Code.<br />

Co-operation with the bodies of the Ministry of <strong>In</strong>terior<br />

Art. 83. The victim and the defendant shall have the right to require assistance <strong>from</strong> the bodies<br />

of the Ministry of <strong>In</strong>terior for collection of data which they cannot collect by themselves.<br />

Section IV.<br />

Civil Claimant<br />

A person who may participate as a civil claimant<br />

Art. 84. (1) The victim and his/her heirs, as well as the legal persons who suffered damages<br />

<strong>from</strong> the crime, may file a civil claim for compensation of the damages and to establish themselves as<br />

civil claimants in the Court procedure.<br />

(2) The civil claim cannot be filed in the Court procedure, if it is filed under the procedure of<br />

the Civil Procedure Code.<br />

Application of submitting civil claim<br />

Art. 85. (1) The application of filing civil claim shall contain: the full name of the applicant and<br />

of the person against who the claim is filed; the penal case on which it is filed; the crime by which the<br />

damages are caused and the nature and amount of the damages for which compensation is demanded.<br />

(2) The application may be oral or in writing.<br />

(3) The civil claim shall be filed before the initiation of the Court investigation before the first<br />

instance Court at latest.<br />

Persons against whom the civil claim may be filed<br />

Art. 86. The civil claim in the Court procedure may be filed as against the defendant, as well as<br />

against other persons, who shall bear civil liability for the damages caused by the crime.<br />

Rights of the civil claimant<br />

Art. 87. (1) The civil claimant shall have the following rights: to participate in the Court<br />

procedure; to require securitising of the civil claim; to become acquainted with the case and to make the<br />

needed extracts; to submit evidence; to participate in the Court procedure; to make requests, notes and<br />

objections and to appeal the acts of the Court, where his/her rights and legitimate interests are harmed.<br />

(2) The civil claimant shall exercise the rights under Para 1 within the limits needed to prove<br />

the ground and amount of the civil claim.<br />

Order of hearing the civil claim<br />

Art. 88. (1) The civil claim in the Court procedure shall be heard under the rules of this Code,<br />

and as far as there are no rules established, the Civil Procedure Code shall be applied.<br />

(2) Hearing of the civil claim may not become a reason for delay of the penal case.<br />

(3) <strong>In</strong> the event that the Court procedure is discontinued, the civil claim shall be heard, but it<br />

may be filed before a civil Court.<br />

Chapter nine.<br />

CIVIL DEFENDANT<br />

Persons who participate as civil defendants<br />

Art. 89. The persons against whom a civil claim is filed, except the defendant, shall participate

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