Authority of res judicata of the criminal judgment in relation to a new civil action. Distinctions regarding the subject-matter and the case of civil action

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The criminal judgment enjoys the res judicata in relation to a new civil action, if only the triple identity of parties, subject-matter and case is met as regards the previously settled civil action, attached to the criminal action. If a civil action based on the civil tort has been settled during the criminal proceedings, against the defendant (damages), and in the subsequent civil proceedings, the merits is represented by the contractual civil liability, directed against the seller, and not against the defendant, a third party to the sale agreement, submitted for trial (the return of the price paid off), the conditions for the existence of the authority of res judicata are not fulfilled, as neither the parties’ identity, nor the subject-matter identity, and the case identity is met