ABSTRACT

Criminal proceedings are instigated by the police, who usually start investigating an accident automatically where a person has been injured. If the claimant is in the hospital, the hospital will send a medical report to the court. These two reports are an essential part of the inquisitorial system, and put the wheels of criminal proceedings in motion automatically. The court is obliged to open a file of enquiry and will invite the parties to join in the criminal proceedings with their civil claim. A prejudiced party has six months from the date of the accident within which to make his interest known to the court. By doing this he triggers the criminal action. If he fails to do so the prosecution will be dropped.