Criminal damage enforcement of legal claim

Enforcement of civil law claims for damages caused by criminal acts during the criminal procedure

The exposure of business organizations to criminal acts in the processes of everyday operation is increasing.

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István Falcsik Lawyer, Head of Customs, Excise and Product Tax Advisory Services

István Falcsik

Attorney-at-law

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If a Crime is committed against the Company causing a significant damage, the Company already has the opportunity to enforce the claim deriving from the crime as part of the criminal procedure initiated (from the investigation until the closing of the procedure). 

Main advantages of the enforcement of civil law claims in the criminal procedure:

  • possibility of applying means of criminal law (attachment, seizure); 
  • faster civil procedure as the initiation of a civil procedure after the criminal procedure is no longer necessary; 
  • cost efficient
  • as no civil procedure is initiated, the relating duty (6%) is not payable either; 
  • if the court grants the claim, all expenses relating to the enforcement of the claim are to be borne by the accused; 
  • possibility of enforcing the claim from the private property of the perpetrator; 
  • the perpetrator does not have the opportunity to file a set-off claim or counterclaim against the aggrieved party.

How can we help you as legal consuelor?

  • cooperation in determining the value of the damage caused; 
  • analysis of the behaviour of the perpetrator; 
  • criminal law classification of the perpetrator; 
  • legal representation in both the criminal procedure and the execution; 
  • submission of motions and making of comments during the procedure.

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