Procedural Mechanisms For The Determination, Assessment, And Proof Of Property Damage In Criminal Proceedings: A Theoretical And Comparative Legal Analysis

This article examines the procedural mechanisms for establishing, assessing, and proving property damage in criminal proceedings through theoretical and comparative legal analysis. The study argues that while property damage in criminal procedure is grounded in the substantive concept of material loss, it does not fully replicate it and instead acquires an independent procedural nature. It is demonstrated that the determination and evaluation of property damage in criminal proceedings are not limited to economic calculations but are shaped by evidentiary rules, procedural assessment, and judicial discretion. A comparative analysis of the criminal procedural systems of Germany, France, and Japan reveals the absence of a universal understanding of property damage and highlights its dependence on the characteristics of national legal systems. The article concludes that neither the complete identification of property damage with actual material loss nor its treatment as a purely procedural construct is theoretically justified.