دعوى التعويض في القانون الجنائي : دراسة مقارنة

Abstract AR

The compensation lawsuit in the criminal law is that lawsuit arising from the crime that is committed against one of the rights of individuals, which makes him responsible for the damage that has befallen the victim, whether this damage is material or moral, and then he is obligated to pay compensation for that damage.

The aim of instituting a compensation lawsuit is to achieve the satisfaction of the victim by ruling on the offender from compensation in a way that guarantees protection for the responsible and the injured in the same, and then reflects on the achievement of the public good, because when issuing its judgment, the Criminal Court takes into account the severity of the damage in order to assess compensation, especially since the court enjoys With discretionary power when judging compensation for material or moral damage in accordance with the circumstances of the crime and the damage resulting from it in every case, because the primary goal of compensation is reparation for the damage.

The act that does not constitute a crime according to the penal laws does not concern the laws of criminal procedures and cannot be considered a reason for instituting a compensation lawsuit, as the claim and judgment for compensation must be applied to the criminal