Utilización del proceso penal para la reclamación de daños (1)
ISSN: 1697-7068
Year of publication: 2019
Issue: 136
Pages: 7
Type: Article
More publications in: Práctica de tribunales: revista de derecho procesal civil y mercantil
Abstract
In a system of progressive objectification of the compensation for the damage caused, the use of the criminal proceedings for its compensation has been revealed as a practice that undermines its punitive and punishing purpose, thus becoming a merely restorative practice. As a result, the incidental consequence of the remedy of the damage becomes the main objective of the criminal action. The study of damages as an offence, as a mitigating circumstance, or as a remedy, including the aspect of care of the victim, as well as its specialities and consequences, helps to choose the right path for the relevant claim; thus, avoiding the saturation of the criminal courts to resolve claims purely civil.