أحكام دعوى المطالبة بالحق الشخصي أمام المحكمة الجزائية

Abstract

The When a crime occurs, it results in a disturbance of public security and harm to social order. At the same time, it may lead to physical, financial, or moral damage. Therefore, two rights arise from its occurrence. The first is the right of society to punish the offender and deter others by filing a criminal case. As for the right Secondly, it proves that whoever has been harmed may demand compensation for the harm he has suffered by filing a civil lawsuit and that this second right is called the personal right. From this standpoint, we notice the emergence of a kind of duality in the crime, as it has two subjects, one of which is original and represented by the criminal lawsuit that was brought with intent. Punishing the perpetrator means a public right; the second is secondary, represented by the civil lawsuit that is filed to claim compensation for the damage caused by that crime. Based on the unity of origin of the two lawsuits represented by the crime, the legislator has granted the right to the person harmed by that crime to demand compensation for the damage he suffered from it by filing the civil lawsuit to claim compensation before the criminal court is an exception to the general principle.