Procedural position of a civil plaintiff in criminal proceedings regulated by 44 articles of the CPC. This subject is a full participant in the proceedings by the prosecution. Let us consider the specifics of status civil plaintiff in criminal proceedings.
Definition
As civil plaintiff in criminal proceedings a legal entity or a citizen may present a claim for compensation for material damage if this damage is caused directly by a crime. Clause 1 of Article 44 of the Code of Criminal Procedure provides that the said entity has the right to send a claim for non-pecuniary damage to the court.
If there are grounds, a court ruling or ruling of the investigator / inquiry officer on recognition as a civil plaintiff in criminal proceedings. A sample can be obtained after contacting the appropriate authority.
The specifics of a civil lawsuit
According to the general rules, a person’s claim for compensation for harm should be considered in civil proceedings. However, the law allows for the possibility of considering such claims in criminal proceedings. This is due to various factors.
First of all, in the framework of the criminal case, it becomes possible to simultaneously establish the basis for bringing the perpetrators to justice and imposing on them the obligation to compensate for the harm caused. The amount and nature of the damage resulting from the crime are included in the subject of proof in accordance with the provisions of Article 73 of the Code of Criminal Procedure.
Secondly, when considering civil requirements, time and money are significantly saved. The applicant eliminates the need to participate first in the criminal, and then in the civil process. There are other features. In addition, it must be taken into account that the plaintiff in criminal proceedings is exempted from the obligation to pay the state fee.
Basic principles
The interested person has the right to file a civil lawsuit at any stage of the proceedings after the opening of the case and before the completion of the trial in the first instance.
The statement of requirements depends on the discretion of the entity to which the damage was caused. The court is not entitled, on its own initiative, to decide on the imputation of the accused's obligation to compensate for the damage that has occurred if no claim has been brought. At the same time, the interested person does not lose the opportunity to send the claims to the right instance in the framework of civil proceedings. 
Subjects of law
Usually, in criminal proceedings, the victim and civil plaintiff - this is one face. Meanwhile, claims for compensation for damage can be sent by any entities to which it was caused as a result of a crime. These include individuals:
- disabled persons who were dependent on a citizen who died as a result of an encroachment;
- owner of valuables damaged or destroyed as a result of a crime;
- incurred expenses for the funeral of the deceased, etc.
Besides, civil plaintiff in criminal the process the prosecutor may also appear. An employee of the prosecutor's office has the right to file a lawsuit in defense of the interests of the state, as well as a legally incapable, minor, partially incapacitated or other person who is not able for objective reasons to defend his rights independently.
Limitations
Part 1 of article 44 of the Code of Criminal Procedure contains an indication of the harm done directly by the crime.This means that the court does not have the right to consider recourse claims for compensation of the amounts that were paid to the victim. We are talking about payments under insurance contracts, temporary disability benefits, and so on. Meanwhile, these requirements may well be stated according to the rules of the Civil Procedure Code.
It should also be noted thatplaintiff in criminal proceedings he has the right to send a claim of an exclusively property nature, that is, a claim for material damage and property compensation for moral damage.
It is worth considering several nuances. As for non-property claims (for example, about the deprivation of a citizen’s parental rights), they cannot be considered simultaneously with criminal proceedings.
The specifics of obtaining status
The investigator, court, prosecutor, interrogating officer are obliged to explain to the interested parties civil plaintiff rights. In criminal proceedings There is a special procedure for making claims. Persons wishing to receive compensation for damage must clearly understand the specifics of the procedure, as well as the consequences of the procedural action.
Failure to recognition as a civil plaintiff in criminal proceedings it is allowed if state bodies and authorized persons conducting proceedings in this case establish an obvious lack of connection between the crime in question and the claims of the claim. 
Warranty Legislation
The interested person must be familiarized with the decision according to which he is given the status of a civil plaintiff.
This entity shall be guaranteed the right to receive compensation for the damage caused. For this, a person may apply for the application of measures provided for in the legislation. A civil plaintiff, in particular, may request that the property of the accused or another person financially responsible for his actions be arrested.
Rights of Interested Entity
The civil plaintiff, after recognizing him as such, gets the opportunity:
- Support the lawsuit and give explanations on it.
- To transfer objects, documents with the aim of introducing them to the case as evidence.
- To challenge, bring motions.
- To give explanations and testimonies in a language that is native to him or that he speaks. If necessary, the plaintiff has the right to use the services of an interpreter (provided free of charge).
- Refuse to testify against yourself or relatives.
- Delegate your duties and rights to an authorized person. Representative of a civil plaintiff in criminal proceedings must have a document confirming his authority to act on behalf of the principal. If the victim (plaintiff) is a minor, legal representatives act on his behalf in the proceedings.
- Take part in investigative measures initiated at his request or at the request of his representative (lawyer). Civil plaintiff in criminal proceedings may participate in procedural actions carried out by the inquiry officer / investigator only with their permission.
- To get acquainted with the content of decisions regarding his interests and stated requirements, to receive copies of them.
- Refuse the claim (until the judges are removed to the deliberation room).
- To get acquainted with the protocols of investigative measures carried out with his participation, and also, upon completion of the investigation, to get acquainted with the case materials in the part related to the statement of claim, to make extracts in any volume.
- Participate in legal proceedings in the first, appellate, supervisory instance, in judicial debates, get acquainted with the contents of the minutes of the meeting, file objections and comments on it.
- To file complaints about decisions, omissions / actions of employees conducting the proceedings (both pre-trial and judicial), to challenge decisions, rulings, court verdicts in the part related to the claimed claim.
- Be aware of objections and complaints brought in the case, send feedback on them, participate in their consideration.
Features of evidence
In criminal proceedings, the civil plaintiff and defendant relate to the prosecution and defense, respectively. Since the requirements are stated in the framework of criminal proceedings, the proof of their grounds and size is carried out according to the rules of the CPC. 
As mentioned above, the nature and extent of the harm inflicted is included in the subject to be proved by the prosecution. This, in turn, involves establishing the fact of a crime, the defendant's guilt (involvement) in it, the connection of his behavior with the ensuing consequences.
Accordingly, the burden of proof in a civil action rests with the plaintiff. Meanwhile, the investigator / interrogator must also take measures aimed at confirming the fact of damage, proving its nature and size.
Substantive examination
The decision on the claim, adopted by the court, is reflected in the verdict. The court shall indicate whether the claims are subject to satisfaction, to what extent, in favor of which person.
Moreover, the law allows for the abandonment of a claim filed in criminal proceedings without consideration. The court also has the right to satisfy the requirements in full or in a certain part.
In some cases, it may be necessary to carry out additional calculations requiring a postponement of the meeting. In such situations, the court recognizes the right of the person to satisfy the claim and sends the question of assessing the amount of claims for consideration according to the rules of civil proceedings. The corresponding provision is enshrined in Part 2 of Article 309 of the Code of Criminal Procedure. 
The acquittal
The fate of the claim will depend on the basis for such a decision. If the court does not establish an encroachment event or the citizen's involvement in the commission of the act, the satisfaction of the requirements declared by the plaintiff will be refused. If the basis of the acquittal is the absence of signs of a crime in the behavior of the defendant, the lawsuit will be left without consideration. This, in turn, does not deprive the plaintiff of the right to submit a claim for damages in the framework of the civil process.
The appeal will be left without consideration in the event the court dismisses the case in connection with the refusal of the private or state prosecutor of the charge. This fact also does not prevent the submission of an application in the future in the framework of civil proceedings.
Conclusion
The peculiarity of the civil lawsuit brought in the framework of the criminal process is that when it is considered, the application of the Code of Civil Procedure is allowed by analogy in the part not regulated by the CPC. 
The legislation gives the civil plaintiff and defendant sufficiently broad rights. Along with the norms, the obligations of these persons are also fixed. First of all, they relate to maintaining the confidentiality of information that became known to them during the proceedings. Violation of this regulation establishes liability.
The law does not oblige the defendant to prove the absence of damage, as well as his innocence. However, he has the right to object to the claim, to collect and provide evidence. Like the applicant, he can delegate his rights to a representative.