Part I
GENERAL PROVISIONS
Chapter XVI
CLAIMS FOR INDEMNIFICATION
Consideration of a claim for indemnification in criminal proceedings and its
subject
Article 232
(1) A claim for indemnification arising out of the commission of a criminal offense shall be considered in criminal proceedings upon the motion of authorized persons, provided that this does not considerably delay the proceedings.
(2) The claim for indemnification may consist of a demand for the compensation of damages, recovery of an object or the annulment of a certain legal transaction.
The person authorized to submit a motion to assert a claim for indemnification
Article 233
(1) A motion to assert a claim for indemnification in criminal proceedings may be made by a person who is entitled to litigate an issue in a civil action.
(2) If a damage arising out of the commission of a criminal offense is made to a state or social property, the authority entitled by law to protect such a property may participate in criminal proceedings according with the powers provided by that law.
Submitting of the motion to assert a claim for indemnification
Article 234
(1) A motion to assert the claim for indemnification in criminal proceedings shall be submitted to the authority entrusted with receiving a criminal offense report or to the court conducting the proceedings.
(2) The motion may be submitted prior to the conclusion of the trial before the court at the first instance, at the latest.
(3) The person entitled to submit a motion must specify his claim and offer supporting evidence.
(4) If the authorized person fails to submit a motion for indemnification in criminal proceedings until the indictment is raised, he shall be informed of his right to make the motion until the conclusion of the trial. If a damage arising out of the commission of a criminal offense is made to a state or social property and a motion is not submitted, the court shall inform the authority referred to in Article 233 paragraph 2 of the present Code thereof.
Withdrawal of the motion submitted to assert the claim for indemnification
and transferring of the claim to another person
Article 235
(1) Persons entitled to assert a claim for indemnification (Article 233) may withdraw their motion until the conclusion of the trial and submit it as a civil action. In the case that the motion has been withdrawn it cannot be submitted again.
(2) If, after the motion has been submitted and prior to the conclusion of the trial, the right contained in the claim is transferred to another person under the provisions of civil law, this person shall be invited to declare whether he is willing to continue pursuit of the claim. If a duly served person fails to appear it shall be deemed that he has withdrawn the motion.
Examining the claim for indemnification
Article 236
(1) The court conducting the proceedings shall examine the defendant with respect to the facts set out in the motion and explore the circumstances which are of importance for the decision on the claim for indemnification. Even before such a motion is submitted, the court is bound to collect evidence and carry out inquires into circumstances necessary for the adjudication of the claim.
(2) If an inquiry into a claim for indemnification would considerably delay criminal proceedings, the court shall collect only that information which discovery would be impossible or considerably impeded later on.
Decisions on claim for indemnification
Article 237
(1) The court shall have jurisdiction to decide on claims for indemnification.
(2) The court may in a convicting judgment satisfy the claim of the authorized person fully, or it may satisfy it partially while directing the authorized person to assert the rest of the claim in a civil action. If data established in criminal proceedings furnish no reliable basis for either full or partial adjudication, the court shall direct the authorized person to assert his claim in its entirety in a civil action.
(3) When rendering a judgment of acquittal, a judgment denying the charge, or a ruling discontinuing criminal proceedings, the court shall direct the authorized person to assert his claim for indemnification in a civil action.
(4) When the court declares itself incompetent to conduct criminal proceedings, it shall instruct the authorized person that he may assert his claim for indemnification in criminal proceedings which shall be instituted or continued by a court having jurisdiction.
(5) During criminal proceeding or upon its termination the court may regardless of the decision, advise injured person, i.e. a person that submitted claim for indemnification and defendant to try to settle their dispute through mediation proceeding in accordance with the Code on Mediation.
Delivery of the objects to the injured person
Article 238
When the claim for indemnification is a claim to recover an object, the court shall order in its judgment that the objects be delivered to the injured person if it established that the object belongs to the injured person and that it is in the possession of the defendant, or some of the accomplices or a person to whom they entrusted the object.
The annulment of a legal transaction
Article 239
When the claim for indemnification concerns the annulment of a particular legal transaction and the court finds it justified, it shall adjudicate the full or partial annulment of that legal transaction, with all the consequences deriving there from, without effecting the rights of third parties.
Altering the final judgment which decided on a claim for indemnification
Article 240
(1) In criminal proceedings the court may alter a final judgment which decided on a claim for indemnification, only upon a request for the reopening of criminal proceedings or for the protection of legality of the final judgment.
(2) Except for the case referred to in paragraph 1 of the present Article, a final criminal case judgment which decided on a claim for indemnification may be revised only in civil proceedings at the request of the convicted person, i.e. his heirs, provided that grounds exist for reopening of the proceedings under rules on civil proceedings.
Temporary measures of securing a claim of indemnification
Article 241
(1) Provisional measures securing a claim for indemnification arising out of the perpetration of a criminal offense may be ordered upon the motion of authorized persons (Article 233) and according to the rules of enforcement proceedings.
(2) In the course of the investigation, the ruling from paragraph 1 of the present Article shall be rendered by the Investigative Judge. After the indictment was raised, the ruling shall be rendered outside the trial by the President of the Chamber, and at the trial by the chamber.
(3) A ruling rendered by the chamber on provisional measures securing the claim is not subject to appellate review. In other cases, the chamber referred to in Article 24 paragraph 6 shall decide on an appeal. An appeal shall not stay the execution of the ruling.
Return of objects
Article 242
(1) If the objects involved undoubtedly belong to the injured person and they do not serve as evidence in criminal proceedings, these objects shall be handed over to the injured person even prior to the termination of proceedings.
(2) If several injured persons claim ownership of an object, they shall be directed to institute a civil action and the court shall in criminal proceedings order only safekeeping of the objects as a provisional measure securing the claim.
(3) Objects serving as evidence shall be seized temporarily from the owner and returned to him after the termination of proceedings. If such an object is indispensable to the owner it may be returned to him even before the termination of proceedings but he shall be obligated to bring it upon request.
Temporary securing measures towards third party
Article 243
(1) If the injured person has a claim against a third party because he is in the possession of objects acquired by the commission of a criminal offense, or because a third party acquired pecuniary benefit as a result of the criminal offense, the court may in criminal proceedings upon the motion of authorized persons (Article 233) order, according to the rules on enforcement proceedings, a provisional measure securing the claim against that third party as well. In this case, the provisions of Article 242 paragraphs 2 and 3 of the present Code shall also apply.
(2) In a judgment of conviction the court shall either vacate the measures referred to in paragraph 1 of the present Article if these have not already been vacated, or instruct the injured person to institute civil proceedings, with the proviso that these measures shall be vacated if the civil proceedings are not instituted within a term set by the court.
Compensation - national proceedings
EDIT.