If you have become the victim of a criminal offence - whether fraud, theft, bodily harm or another offence - you have the right to claim damages directly within criminal proceedings. This procedure is known as joinder of a civil claim in criminal proceedings (adhezni rizeni) and it is one of the most effective tools available to crime victims.
What Is Joinder of a Civil Claim in Criminal Proceedings
Joinder of a civil claim in criminal proceedings (from the Latin adhaesio - adhesion) is a part of criminal proceedings in which the court decides not only on the guilt and sentence of the defendant but also on the injured party’s claim for damages. The injured party thus “adheres” to the criminal proceedings with their civil claim.
Legal basis: s 43(3) of the trestni rad (Czech Code of Criminal Procedure, Act No. 141/1961 Coll.) grants the injured party the right to propose that the court order the defendant to compensate the damage.
Joinder vs Civil Action - Comparison
| Criterion | Joinder of Civil Claim | Civil Action |
|---|---|---|
| Court fee | None | 5% of the claimed amount |
| Duration | Part of criminal proceedings | 2-4 years (separate) |
| Standard of proof | Court uses evidence from the criminal file | You must present your own evidence |
| Costs | Lower (lawyer’s fee) | Higher (court fee + lawyer) |
| Condition | Criminal proceedings must be ongoing | Can be filed at any time |
The main advantage of the joinder procedure is efficiency - you do not need to conduct two parallel proceedings and you do not pay a court fee.
How to Submit the Application - Procedural Steps
1. Prepare the application
The application for a decision on damages must contain:
- Precise quantification of damages - the amount in CZK (material damage, lost profit, non-pecuniary harm)
- Justification of the claim - why and in what amount you are requesting compensation
- Evidentiary proposals - documents proving the extent of damages (invoices, expert opinions, medical reports)
2. Submit the application in time
You must submit the application no later than the commencement of the taking of evidence at the main hearing (s 43(3) of the trestni rad (Czech Code of Criminal Procedure)). In practice, we recommend submitting the application:
- As early as possible during the preliminary proceedings - in writing to the police or state prosecutor’s office
- At the latest at the beginning of the main hearing - before the examination of the first witness
3. Attend the main hearing
As the injured party, you have the right to:
- Attend the main hearing
- Put questions to witnesses and experts
- Deliver a closing speech
- Be represented by a lawyer (authorised representative)
Limitations of the Joinder Procedure
The joinder procedure has certain limitations you should be aware of:
When the court refers to civil proceedings:
- If deciding on damages would unduly prolong the criminal proceedings
- If the evidence presented in the criminal proceedings is insufficient to determine the amount of damages
- If the court acquits the defendant
- If the court discontinues the criminal prosecution
In such cases, the court refers the injured party to civil proceedings. Importantly, this does not mean you have lost your claim - you simply have to assert it by way of a separate civil action.
Partial award:
The court may award damages only in part and refer the remainder to civil proceedings. This occurs when damage up to a certain amount is proven, but quantifying the total damage requires further evidence.
Practical Example
The client fell victim to an investment fraud through a fake trading platform. The total damage amounted to several hundred thousand Czech crowns. During the preliminary proceedings, we submitted an application for a decision on damages with full documentation - bank statements, screenshots of the platform, email correspondence with the “broker”. The court in its judgment ordered the defendant to compensate the damage in full.
Who Has the Right to Joinder Proceedings
The right to assert a claim in joinder proceedings belongs to the injured party - that is, the person who suffered damage to property, health or other harm as a result of a criminal offence.
Types of claims:
- Material damage - actual damage to property
- Lost profit - profit that would have been achieved but for the criminal offence
- Non-pecuniary harm - compensation for pain and suffering, reduced quality of life, mental distress
- Unjust enrichment - if the perpetrator enriched themselves at your expense
Free Legal Representation for Victims
Under the zakon o obetech trestnych cinu (Czech Act on Victims of Crime, Act No. 45/2013 Coll.), particularly vulnerable victims have the right to free legal assistance. Particularly vulnerable victims include, among others, victims of offences against property where they face a particularly serious impact.
We will assess your situation during the initial consultation - which is always free of charge at our office.
Conclusion
Joinder of a civil claim in criminal proceedings is a powerful tool for crime victims. If you are considering asserting a claim for damages, do not hesitate to contact our office. We specialise in criminal law and the representation of injured parties in criminal proceedings.
Contact us - the initial consultation is free of charge.