Civil Asset Recovery in Criminal Trial | Legal.ge

CivilAssetRecoveryinCriminalTrial

When should I file a civil lawsuit in a criminal case?

The lawsuit must be submitted before the substantive hearing of the case begins (usually before or at the pre-trial hearing).

Do I pay court fees for this lawsuit?

No, civil plaintiffs in criminal proceedings are exempt from paying state court fees, which is a significant advantage of this mechanism.

What if the accused is acquitted?

If the accused is acquitted, the civil lawsuit in the criminal trial is left without consideration, but you retain the right to file a separate civil claim.

Can I claim moral damages?

Yes, in addition to material damages, you can claim compensation for non-pecuniary (moral) damage if you prove suffering and distress.

Introduction: Civil Lawsuit in Criminal Proceedings
Restoring justice for a crime victim often means not only punishing the offender but also compensating for the material damage caused. Georgian legislation offers a unique opportunity to file a civil lawsuit within the framework of a criminal case. This mechanism relieves the victim from starting a separate civil dispute, paying additional fees, and wasting time. A civil lawsuit in a criminal trial is an effective tool for recovering stolen property or receiving monetary compensation. However, this process requires precise legal calculation, correct substantiation of the amount of damage, and timely reaction so that the accused cannot hide assets.

What Does This Service Cover?
This service focuses on protecting the victim''s financial interests parallel to the criminal process:

Preparation of Lawsuit: Drafting a civil lawsuit and incorporating it into the criminal case, detailing the claim and the amount of damage.
Damage Calculation and Expertise: Providing audit or commodity expertise to determine exact material damage, which is crucial evidence for the court.
Asset Tracing and Seizure: Filing a motion to freeze the accused''s assets to ensure the enforcement of the future judgment.
Court Representation: Defending the victim''s interests during court hearings with the status of a civil plaintiff.
Enforcement Monitoring: Working with the Enforcement Bureau after the verdict comes into force to actually receive the money or property.

Common Situations and Scenarios
Asset recovery is relevant in economic and property crimes:

Fraud: The accused fraudulently appropriated a large sum of money. A civil lawsuit demands the return of this amount.
Embezzlement and Misappropriation: A company director or accountant misappropriated corporate funds.
Theft and Robbery: Compensation for the value of stolen items if they were destroyed or sold.
Traffic Accidents: Compensation for health damage and the value of the damaged vehicle from the at-fault driver.

Georgian Legal Framework
The rules for filing a civil lawsuit are regulated by the "Criminal Procedure Code of Georgia". According to the Code, a civil lawsuit can be filed against the accused or the person materially responsible for the accused''s actions. The lawsuit is reviewed together with the criminal case. The grounds for compensation are given in the "Civil Code of Georgia" (Tort liabilities). Importantly, the lawsuit must be filed before the substantive hearing of the criminal case begins.

Step-by-Step Process
1. Victim Recognition: First, the person must be recognized as a victim in the criminal case.
2. Filing the Lawsuit: The civil lawsuit is filed during the investigation or pre-trial hearing stage.
3. Recognition as Civil Plaintiff: The prosecutor or judge issues a decree recognizing the person as a civil plaintiff.
4. Security Measure: The lawyer requests the freezing of the accused''s property.
5. Verdict: Along with the guilty verdict, the court decides on satisfying the civil lawsuit.

Why Choose a Specialist on Legal.ge?
Managing a civil lawsuit successfully in a criminal process requires dual competence — in both criminal and civil law. On Legal.ge, you will find lawyers experienced in asset tracing and recovery. They ensure that you not only get moral satisfaction from the punishment of the offender but also recover your lost property. Find your representative on Legal.ge.