检察官为国家利益提出民事诉讼,作为赔偿刑事犯罪所造成损害的一种方式

O. Brusakova, Olga Shayturo, D. Simonovych, Tetiana Kuzubova
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引用次数: 0

摘要

每一次审判的结果总是伴随着一些利益,即民事诉讼获得赔偿、刑事监禁和罚款。为了在审判过程中实现上述利益,检察官的职责是确定被告犯有所犯罪行。该条阐明,无论是在刑事审判还是民事审判中,检察官的职责都是以国家的名义伸张正义。这里的原则很清楚,因为我们都知道,在刑事诉讼中,检察官是主要当事方,但如果在犯罪行为过程中,受害者也受到了被告造成的损害,这种审判就无法成功。在这方面,检察官也有责任就这种对受害者造成损害的民事行为提出申诉。对“国家利益”一词的理解和解释有很多复杂性,因为许多国家未能确立这是他们的各种立法,乌克兰也不例外。尽管这一概念在每一次审判中都很重要,无论是民事审判还是刑事审判,但如果在立法承认方面没有给予有效承认,其结果会如何?正是在这一保障措施中,有必要为了国家利益审查提交民事诉讼所占据的位置,并认为其对损害赔偿相关事项的影响是必要的。
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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
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.
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