Resumo

PENA CALDERON, Natanael. Problems Concerning Joint Judgment and Separate From the ex delicto Civil Damage Action Regarding the Criminal Chilean Process. Rev. Fac. Der. [online]. 2021, n.50, e112.  Epub 01-Abr-2021. ISSN 0797-8316.  https://doi.org/10.22187/rfd2021n50a12.

The current criminal procedural system allows joint judgment of civil actions, including compensation for damages, with the criminal action, provided that the first derives from the commission of the crime. Thus, two ways are presented: the separate and the simultaneous judgment between civil liability and criminal liability. Does the choice of one or another alternative generate any benefit, or on the contrary, a disadvantage? This paper, pretends, in order to resolve the previous question, to offer a normative panorama of the available regulation on the civil liability judgment that derives from the commission of a criminal offense. Next, analyze the problems that arise when deciding for the simultaneous civil compensation and criminal judgment. Subsequently, it will address a problem denounced by the doctrine, regarding the inadmissibility of the civil liability judgment after the issuance of an acquittal of the accused in the criminal process.

Palavras-chave : Civil Procedure; Criminal Process; Civil Liability Judgment; Ex Delicto Damage Action; Joint Judgment of Civil and Criminal Action.

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