A civil liability claim (template/draft) must be filed together with the indictment or in a separate motion.
2025/10/05
What is a civil liability claim (draft)?
A civil liability claim is a formal pleading that presents a concise description of the facts supporting the claim, as well as the damages suffered. These damages may be:
- Pecuniary damages: financial losses and medical expenses.
- Non‑pecuniary damages: pain, suffering, and other harm that cannot be measured purely in economic terms.
Who can file a civil liability claim?
The claim may be filed by:
- The Injured Party (the person who suffered harm as a result of the crime, whether or not they have joined the proceedings as an Assistente).
- The Public Prosecutor’s Office.
- Persons with purely civil liability.
Once Injured Parties are identified, they will be notified by the Judicial Authorities (Public Prosecutor, Judge) or by the Criminal Police bodies (PSP, PJ, GNR).
When can the civil liability claim be filed?
The claim must be submitted with the indictment or in a separate motion. The relevant deadline depends on the party’s role:
- Victim, Assistente, and Injured Party (who have declared their intention to file a claim):
The claim may be filed together with the indictment or in a separate motion after the defendant has been notified. - Victim who cannot join as an Assistente:
The claim must be filed within 10 days from notification of the indictment.
What must be included in a civil liability claim?
The draft must contain at least the following elements:
- Identification of the Court
- Case Number
- Identification of the Parties
- Statement of Facts
- Prayer for Relief / Amount claimed
Ana Catarina Dias | [email protected]
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