Monday May 23, 2022

She filed a criminal complaint and the court ruled: Choose a common representative

If the company pays the deposit and is unable to take the product, including the services or the refund of the pension, then you will not be able to file an action in court. If all is damaged, the court may decide that they can only exercise their rights through a joint proxy.

Mr. Vra bought an apartment three years ago and her husband is going through the reconstruction. It was up to you to make the entrance door, and so the choice fell on the company they thought of. She gave them two plastic windows and the order was in perfect shape. They drew up a contract in the nearest branch and paid a deposit of 21 thousand crowns.

The two were to be installed in six weeks. They just weren’t. Mr. Vra called the company. “They told me it was in the bottom, that the door would be, that we just had to be patient and howl,” he describes.

The ground fell on the company

After two months in vain and a false promise, she went to the branch in person. “And I saw that it was bad, on two there was only a sign for technical reasons closed,” to the disappointed customer.

Neither the company nor the dog asked her for a call, no one answered her phones and no one answered the e-mails. The company was declared bankrupt. Manel was sentenced to death and, as it turned out, they were far from alone. The case was opened by the police and they found that a similar fraudulent customer is about eight hundred and caused the code reached hundreds of 20 million crowns.

When, after those years, he drank a suit with a blue stripe, Mr. Vradoufala, that it was over, the perpetrator was punished and the company had a well. She was wrong. “I only drank from the court that we should elect a common representative,” disappointed. “I don’t understand it at all and most importantly I don’t even know how to do it,” he added.

Who is the common representative

The joint representative is the institute of the Czech criminal law and its bond is possible in the case when the number of skin damage is extremely high. Although the law does not determine what an exceptionally high number of victims means, however, in the case where hundreds are damaged, a certain court is right to issue such a decision.

“You need to realize that the priority of a criminal woman is her speed,” explains lawyer Pavel Nastis. “And if there were to be eight hundred victims in criminal matters, which means that each of them could be individually could prolong Zen punishment, ”he says.

An agent can be basically anyone who has the ability to do the first thing. It doesn’t have to be just a lawyer, it can be, for example, one of the damaged or associated associations for consumer protection. But realize that a common agent is not just a formality. He is a specific person who will defend your interests in the city vs. in court. And because the judiciary is quite a complicated matter, where, on the contrary, even in formal form, it should be someone with the first long-term case, at least with experience in representation in court.

Spolen zmocnnec je vhodnj ne obanskoprvn aloba

“Anyone, I advise the injured party to choose a common representative, because if they do not, they will have to claim their claim for compensation in civil law,” the lawyer said. This would mean that if the victim had to file a civil action for himself, pay court fees and a lawyer’s fee if he was represented.

In the case of a joint representative, the court fee is not paid, as his claim for compensation of the code is claimed against the bodies in criminal matters. The only cost is, of course, paid by a joint representative. “However, he remembers this in this way and there is a possibility that the court subsequently imposed on the convicted person the obligation to compensate the victims for the costs they incurred in connection with the approximate joint representative,” adds Nastis.

This procedure can take one advantage. As for the claim for compensation for criminal codes, the victim can only prove the claim. Evidence of evidence leads the authorities in criminal women and you prove the guilt of the perpetrator, while in the case of civil women it is the opposite. There, the fact that the allovan caused the code would have to prove themselves damaged.

Election of a common representative in practice

Representation by a joint representative is appropriate. Only in practice it is quite a problem, especially when they are damaged from the whole republic and do not know each other.

“The first step, the election of a common representative, may seem complicated, but you need to realize that then you don’t have to worry about anything at all. If necessary, the joint representative of the court will go to court, claim claims for compensation of the code, ask questions to the defendant, witnesses and experts, and so on, ”said Nastis. Moreover, in the age of the Internet and social networks, it is certainly very simple. And if the chosen joint proxy is more than six, the court will select the proxy.

Back to Top