What is a civil claim in criminal proceedings?
A civil claim in criminal proceedings is a claim brought by the victim seeking compensation for damage caused by a criminal offence; this type of claim is submitted and examined within the framework of criminal procedure. The core logic of this legal mechanism is that compensation for damage is treated as a direct consequence of the criminal act. Therefore, when the court assesses the fact of the criminal offence, the form of guilt, causation, and consequences, those assessments naturally carry over to the substantiation of the civil claim.
Who may bring the claim, and against which party?
Most commonly, a civil claim is brought by the victim—either a natural person or a legal entity—that has suffered damage as a result of the criminal offence. In practice, legal entities most often bring civil claims in cases involving fraud, misappropriation of assets, document forgery, fraudulent bankruptcy, unlawful disclosure of trade secrets, and similar situations where the damage is monetary and can be documented through financial flows, accounting records, contracts, and handover/acceptance certificates.
The defendant in a civil claim within criminal proceedings is typically the suspect or the accused. However, in practice it is important to assess a broader "liability architecture": in some cases, compensation issues may also involve other parties whose civil liability arises from law or contract (for example, in certain situations, an employer's liability for an employee's actions). Strategically, this means the claim must be not only "legally correct" but also "enforceable"—directed against the proper party.
What can be awarded: pecuniary and non-pecuniary damage
A civil claim in criminal proceedings may seek compensation for pecuniary (material) and/or non-pecuniary (moral) damage.
Pecuniary damage most often includes direct losses: stolen or fraudulently obtained funds, the value of damaged or destroyed property, and necessary expenses incurred to remedy the consequences. In disputes, it is critical to have a clear calculation methodology: amounts, dates, documents. An "approximate" assessment is insufficient for the court—pecuniary damage must be substantiated so that its amount can be realistically verified and traced.
Non-pecuniary damage is more common in cases involving violent offences, impairment of health, sexual offences, or violations of personal rights. However, non-pecuniary damage may also be relevant in reputation-related cases, if they qualify as criminal offences. The key here is the nature and intensity of the consequences: medical records, psychological assessments, the overall circumstances, and witness statements. The amount of non-pecuniary damage is inherently more discretionary, but it must be reasoned and supported, not merely asserted.
When and how to submit a civil claim
From a procedural perspective, timing is one of the most significant factors. In practice, it is optimal to prepare the claim as early as possible, once the contours of the damage are clear and supporting evidence is available. Early submission allows evidence to be properly secured during the pre-trial investigation, assets to be identified, and compensation-securing measures to be initiated in a timely manner.
A civil claim should be clear, structured, and well-reasoned. It typically specifies: (1) what is sought (the amount of pecuniary and/or non-pecuniary damage), (2) the basis (the criminal act and its consequences), (3) causation (how the act caused the specific damage), and (4) evidence and calculations.
Securing compensation: where the real value lies
A legal victory without realistic enforcement is merely a formality. Therefore, in civil claims within criminal proceedings, what often matters is not only a favourable decision but also the ability to ensure its enforcement. Where there is a risk that the accused will conceal, transfer, or otherwise diminish assets, it is crucial to raise the issue of asset freezing or other measures in good time. This is especially relevant in economic crimes, where assets may be concealed through related companies or sham transactions.
Strategically, this leads to a simple rule: a civil claim should be aligned with an analysis of assets and solvency. If there is nothing to recover, additional measures must be considered, including alternative liable parties or procedural tactics that help identify assets.
Common mistakes
One of the most common mistakes is an insufficiently specific calculation of damage. "I suffered a loss of EUR 10,000" without payment orders, invoices, certificates, and a coherent evidentiary chain often becomes the weak point of the claim. The second mistake is ignoring causation: not every harm that occurs "after a criminal act" is automatically treated as a "consequence of the criminal act". The third mistake is acting too late—when assets have already been concealed or transferred.
Summary
A civil claim in criminal proceedings is a rational route for a victim when the goal is not only principle but also real compensation. It allows processes to be consolidated, leverages evidence collected during the pre-trial investigation, and—most importantly—provides instruments that help protect enforceability. The best outcome is achieved when the claim is not merely an "appendix to the case" but a strategic document: with a clear damage calculation, a well-structured evidentiary framework, and an enforcement plan. In such circumstances, criminal proceedings become not only a mechanism for establishing liability but also a channel for compensation—faster, sharper, and typically more cost-effective than separate civil litigation.