The specificity of the subsidiary civil action (comparative study(

Hamad, Ather Ahmed Bilal; Mohimed, Fadhel Awad

doi:10.63677/jqlap.2025.164282.1405

	The specificity of the subsidiary civil action (comparative study(
AL-Qadisiya Journal For Law and Political Sciences
Article 47, Volume 17, Issue: 1 part 2, June 2026, Pages 1005-1024 PDF (483.04 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.164282.1405
Authors
Ather Ahmed Bilal Hamad^* ; Fadhel Awad Mohimed
College of Law - University of Anbar
Abstract
This study provides an in-depth study of the subsidiary civil lawsuit before the criminal court, examining its legal basis, formal and substantive conditions for its admissibility, and its legal nature, which distinguishes it from other independent civil lawsuits. The study aims to clarify the impact of the judgment issued in the criminal lawsuit and its impact on the civil lawsuit's continuity and appealability. This is done in light of a comparison between Iraqi, Jordanian, Egyptian, and French law. The study demonstrates that the applicable law to the subsidiary civil lawsuit is the Code of Criminal Procedure, not civil law or the Code of Civil Procedure, as long as the lawsuit is heard before the criminal court. This impacts the procedures for filing the lawsuit, its admissibility, and the formality of the appeal. The study also addresses the legal conditions for the admissibility of the subsidiary civil lawsuit, which include: direct and personal harm resulting from the criminal act; the crime must be the subject of ongoing criminal prosecution; the lawsuit must be filed before the competent criminal court in accordance with the legally prescribed timelines and procedures; and the claimant must have a legitimate and existing interest. It has been emphasized that the subsidiary civil action is distinguished by its legal specificity,
Keywords
subsidiary action; applicable law; conditions; distinction

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