Have you been the victim of a crime and been harmed? Are you thinking of pursuing it in criminal proceedings? What is an adhesion procedure and how exactly does it work? We take a closer look at this in our article.
Have you been the victim of a crime and been harmed? Are you thinking of pursuing it in criminal proceedings? What is an adhesion procedure and how exactly does it work? We take a closer look at this in our article.
Adhesion proceedings are a specific part of the criminal process that allows victims to seek compensation for damages directly in the context of criminal proceedings against the perpetrator. This mechanism is particularly important if you have suffered an injury and want to be compensated without having to pursue a separate civil case. The application must be filed no later than the moment the court starts the main trial.
The advantage of the adhesion procedure is that it runs concurrently with the criminal proceedings, which means that you do not have to wait for the criminal proceedings to finish. This way, your situation can be resolved more efficiently in some cases without having to take further legal action in civil matters.
Adhesion proceedings are applicable to a wide range of crimes, from property crimes, such as theft or damage to another person’s property, to more serious crimes, including physical assault or other forms of crime that result in personal injury or property damage.
On the other hand, far from all damages (or only a small percentage of them) can be dealt with in this way. Indeed, a necessary condition is that a crime has been committed which will be proven in the proceedings. Very often, however, the damage is caused by some carelessness or inattention, but no criminal law is violated. In such cases, only civil proceedings or out-of-court settlements are appropriate.
Moreover, it is important to note that in order to succeed in an adhesion procedure, the victim must prove not only that the damage occurred, but also that there is a direct causal link between the criminal act and the damage. The burden of proof lies with the victim, which means that it is his responsibility to produce sufficient evidence to support his claims.
It is important to distinguish adhesion proceedings from situations where several cases are joined for a joint trial. In such cases, there is no hierarchical relationship between the different proceedings, and therefore the court may proceed to adjudicate the other claims once one part has been resolved. In contrast, in adhesion proceedings, the procedure is entirely dependent on the main criminal proceedings; at the conclusion of the latter, the adhesion proceedings end. If the claim has not been satisfied in the adhesion proceedings, a new motion must be filed to enforce it.
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We know that the situation of victims and victims of crime in criminal proceedings is very challenging. We can help you map out your situation and explain your rights and options in a clear way. We will write a criminal complaint, guide you through the criminal proceedings and support you in court.
Tip: Have you been the victim of a crime and suffered damages? What are the defence options under Czech law and when can you claim damages in criminal proceedings? We have looked at this in more detail in our separate article.
Claiming damages in criminal proceedings offers a number of advantages to victims that should not be overlooked. For example, it can bring a form of moral satisfaction to the victim, which can be brought about by an acknowledgement of the perpetrator’s guilt in an official court decision. This satisfaction is often crucial to the victims’ psychological recovery.
Adhesion proceedings also allow that if the court finds it necessary to take further evidence, such as requiring expert evidence, the costs of this evidence are paid by the state, not the victim. This feature can significantly reduce the financial burden on victims who would otherwise have to bear these costs themselves.
However, it is important to know that each case is specific and may require a different approach. Therefore, it is essential to consult with a qualified attorney who is experienced in criminal law and adhesion proceedings about your situation. An attorney will not only provide personalized advice, but will also help you build and defend your claim, which can greatly increase your chances of success in litigation. Professional legal representation is particularly important when dealing with complex legal issues or high value damages.
Tip: Road accidents are one of the most common situations in which we deal with compensation for damages, either as the injured party or as the person who caused the damage. What are the relationships between the parties involved and how does the insurance company get involved? What can you claim and how to proceed in such situations?
If the accused is found guilty of a crime and the damage caused by the crime is proven, the court may award the victim compensation, either in full or in part, depending on the specifics of the case. The court therefore decides on compensation in the context of the guilty verdict in the main criminal proceedings.
If all the conditions are met and there is a clear causal link between the act and the damage, the accused will be liable for compensation. However, if the evidentiary proceedings would require extensive evidence that would significantly delay the trial, the court may decide that the victim should pursue his or her claim in civil litigation or before another competent authority. In practice, it is often the case that the court will refer the victim to civil court proceedings in order to avoid complications in the criminal process.
If the crime is not proven and the proceedings are dismissed, the claim for compensation is also extinguished.The decision on compensation can be challenged using the standard legal remedies available in criminal proceedings.
If you are a victim in criminal proceedings, then you have special procedural rights that are good to know. In this situation, it pays to be represented by an attorney.
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