المفاضلة بين (تبعية)‎ و (استقلال)‎ دعوى المطالبة بالتعويض المدني للدعوى الجزائية : التشريع العراقي أنموذجا

الملخص EN

In terms of legal permissibility granted by the legislator in explicit provisions within criminal procedures laws to the victim, to choose having compensation before the criminal courts by (subordination) to the criminal lawsuit, or before civil courts with a (independent) compensation claim? The majority of specialists stated that the matter has nothing in it other than what is set by the legislation, where specialists of the public law prefer the option of claiming the civil right (according to) the criminal case, while specialists of the private law prefer the other option as an independent lawsuit before the civil court.

Options of plaintiff for claiming compensation, in the practical exercise, rely on the circumstances of the case surrounding the plaintiff with the civil right.

Where, the plaintiff may prefer claiming compensation in front of the civil court if he has time and patience to sustain the length of the litigation procedures and their complexities, taking advantage of his extensive knowledge of effective methods of compensation through the experience of specialists.

In contrast, if he has no time or patience with civil litigation procedures, then it is easier to claim civil rights (according to) the criminal case.