Injured Party’s Claim for Property Recovery and Enforcement
Paragraph 5. The Prosecutor is the counterclaimant defendant in the offense, requesting imprisonment of the defendant on probation and the return of the defendant’s property or payment of the property’s value, as known by the defendant, and failing to return the property as stipulated in the judgment previously obtained, to the injured party. The injured party, therefore, petitioned for the court to seize and detain the defendant. The defendant contended that the injured party would seek to seize and detain the defendant because he is not the plaintiff in this case. The defendant’s contention is unfounded, or, in fact, untrue. The reason is that the injured party did not sue the Prosecutor directly. According to Section 43 of the Criminal Procedure Code, granting authority to the representative of the injured party, which is a claim under civil procedure, must be followed. When the court orders the return of property or payment of value to the injured party, the injured party is considered a creditor, as stipulated in the judgment. (Criminal Procedure Code, Section ). Acting upon the order without returning the property as ordered, the injured party was able to seize and detain the defendant as stipulated in the Criminal Procedure Code. The defendant may argue that the injured party is not the plaintiff in the case, and this contention is unfounded.
Civil Procedure Law: The Plaintiff, Mr. Soman, filed a lawsuit to recover the loan money that Mr. Soman borrowed from the defendant.