Legislative( ) Measure of Civil Litigation Related to Criminal Case

Abstract

A civil cases relating to criminal cases means a civil case which is enforced according to claims based on liabilities arising directly from the result of a criminal offense, causing the offender to be liable in the civil case as well. The victims of criminal cases need to receive remedies for what they have lost and requiring the state to prosecute the defendant in both criminal proceedings including helping civil victims infringed by such case. From recent studies, it is found that the processing in civil cases related to criminal cases contains problems in the process from the prosecution stage up until the enforcement, due to the victim not being sure when the prosecutor will file a lawsuit against the defendant in court, along with not knowing how to proceed with claiming compensation. In such case, if the victim is aware of the prosecution's procedure, the injured person in the criminal case may file a request with the prosecutor's indictment, where the court will be adjudicating the compensation as well as the criminal case. In which the injured party does not have to pay court fees According to the Criminal Procedure Code Section 44/1 and the subsequent problem is that if a verdict is given to the injured person to receive compensation, the injured party still has to pay the execution fees according to Table 5 attached to the Civil Procedure Code, before the enforcement of the case is completed whether to file a civil suit relating to the criminal case by oneself or file a request under the Criminal Procedure Code by virtue of Section 44/1. When compared with consumer protection cases, Which have the objective of helping consumers who are in bad economical situations as business owners, is the same as the civil claim for damages. But there are government officials come to help in all steps until completed, in which consumers do not have to pay any fees. And when compared to foreign laws, such as Sweden, in the event that the injured person has a civil claim for compensation which may be filed separately or filed in conjunction with criminal cases, claims are based on compensation. After the trial has been completed, the injured person will be notified by the enforcement agency inquiring whether he or she wishes to have the agency collect money from the defendant on behalf of the injured party or not. If the injured person wishes the said organization to proceed the injured person simply fills out the form and sent back to that department by implementing the said agency, the injured party does not need to pay any fees. However, to change the method of prosecution of civil cases related to the criminal case must consider society and the law which should not contradict each other as well. In addition, the government should have agencies to help and take every step to heal the injured including all fees and exemptions According to the law of criminal procedure and principles of healing the victims of the constitution