Claim for compensation for damages from a crime

Bringing the guilty person to criminal liability does not deprive the victim of the opportunity to file a claim in court for compensation for damages from the crime. And, frankly, if there is a verdict, the evidentiary basis of the claim is quite simple. Which means there are no visible difficulties when going to court.

Usually, when convicting a criminal, the court already considers the procedure for compensating the damage to the victim. If the court has not resolved this issue in the verdict, then the victim files a claim for compensation for damages from the crime separately in the framework of civil proceedings.

Crime in any area can cause property damage. And theft, fraud and other economic ones always cause damage to the victim. In addition, the crime causes significant moral harm. After all, the right to safety, to life and others protected by criminal law are fundamental in our society.

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Claim for compensation for damages from a crime

How to draw up a claim for compensation for damages from a crime

It is not at all difficult to prepare a claim for compensation for damages from a crime on your own. The amount of damage, circumstances of causing harm (material) and other information important for resolving the case are already contained in the verdict or in the materials of the criminal case. According to Article 61 of the Civil Procedure Code, a court verdict that has entered into force is binding on the court hearing the civil case. Of course, the cases must be connected.

The plaintiff makes an assessment of moral damage based on the object of the encroachment: life, health, property rights, etc.

When drawing up a statement of claim, be sure to indicate:

• what was the damage (losses)
• illegality of the defendant’s behavior (court verdict)
• guilt of the defendant (again established by the verdict)
• a cause-and-effect relationship between the actions of the criminal and the resulting damage.

Thus, to file a claim, a court verdict and evidence of the amount of damage caused are required. The plaintiff may consider ordering an examination in a civil case (assessing the damage), submit receipts, conclusions, etc.

Sample civil claim

The materials of the preliminary investigation established that Petrov Petrovich, through his criminal actions, caused Ivan Ivanovich Ivanov a blunt facial injury in the form of a fracture of the angle of the lower jaw on the right, bruising of the soft tissues of the face. The injury, in the scope of the documents presented, resulted in a long-term health disorder, which is a qualifying feature that allows it to be classified as a moderate injury to health.

Thus, Petrov Petrovich committed the crime provided for in paragraph “e” of Part 2 of Art. 112 of the Criminal Code of the Russian Federation - intentional infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Art. 111 of the Criminal Code of the Russian Federation, but caused a long-term health disorder, committed out of hooligan motives.

These events served as the basis for initiating a criminal case on the grounds of a crime, which is provided for in clause “e”, part 2 of Art. 112, part 1 art. 119 of the Criminal Code of the Russian Federation.

In this criminal case, I, Ivan Ivanovich Ivanov, was recognized as a victim.

Using my procedural rights as a victim, in accordance with Article 42 and Article 44 of the Criminal Procedure Code of the Russian Federation, I submit demands to the defendant for compensation for moral damage caused to me in the amount of one hundred and fifty thousand rubles on the following grounds.

From the meaning of Articles 151, 1099 of the Civil Code of the Russian Federation it follows that moral harm is understood as physical or moral suffering that was caused by actions that encroach on the intangible benefits that belong to each person from birth (health, life).

The moral damage caused to me consists of the physical suffering I suffered associated with moderate harm to my health.

The moral harm caused to me also lies in the moral suffering I endured.

I currently require long-term outpatient treatment. I need time and money to restore full health.

I believe that the defendant is guilty of causing moderate harm to my health and should receive a well-deserved punishment according to the court’s verdict.

Guided by Article 42 and Article 44 of the Criminal Procedure Code of the Russian Federation and Articles 1099-1101 of the Civil Code of the Russian Federation,

Ask:

To recover from the defendant in my favor moral damages for the moral and physical suffering caused to me, in the amount of ... rubles.

Filing a claim in court

A claim is filed only if the person who committed the crime is identified. There is no point in filing a claim for compensation for damages from a crime before a court verdict is passed. The fact that a crime has been committed, as well as the person who committed it, is confirmed by the only evidence. Court sentence. If a person is exempt from criminal liability on so-called “non-rehabilitative” grounds (for more details, see the Code of Criminal Procedure), a claim can be filed. The guilt of the defendant is also established by the court in the verdict.

The documents, together with a notice of direction or service of materials to the defendant (or defendants, when the crime was committed by a group of persons in complicity), are submitted to the district court. And at the defendant’s place of residence. The presence of the Defendant in prison does not affect the possibility of the case being considered by the court. The plaintiff is exempt from paying state duty in accordance with the Tax Code of the Russian Federation.

The court will consider a claim for compensation for damages from a crime according to general rules at a court hearing.

Amount of damage in case of theft and theft of property

The type and extent of responsibility of the guilty person is directly affected by the value of the stolen property.

For example, the minimum damage in case of theft that triggers criminal liability is 1,000 rubles. If something less valuable was stolen, the person may be limited to administrative punishment.

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Significant damage during theft will occur when valuables worth more than 2,500 rubles are stolen. Plus, the general financial situation of the victim will also be taken into account.

Large damage starts from two hundred and fifty thousand rubles, and especially large damage starts from one million.

Arbitrage practice

Consideration of claims for compensation for damage resulting from a crime does not cause any difficulties for the courts. Especially when the amount of damage is included in the sentence against the convicted person.

It's not just victims who come forward with statements. The initiator of the trial may be the victim’s relatives, as well as the prosecutor. He acts in the interests of the state.

Some sample solutions may be helpful or cause for thought. Below is a description of several such cases. All names mentioned are fictitious.

Regression payments for health insurance

When a victim has suffered health damage as a result of a crime, payment for his treatment can be made from the funds of the Compulsory Medical Insurance Fund. In the future, the money is recovered from the convicted person by way of recourse.

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As an example, we can cite the decision of the Metallurgical District Court of Chelyabinsk dated January 30, 2019 in case No. 2-146/2019. The prosecutor, on behalf of the MHIF department, appealed to citizen Titova with a claim to recover 56 thousand rubles.

The court verdict established that during a quarrel Titova inflicted serious bodily injuries on her daughter. The specified amount was spent on the treatment of the victim, which the court subsequently recovered from Titova.

Recovery of damages from fraud

Citizen Fedorov approached the defendant, Zinoviev, with a claim for the recovery of 540 thousand rubles as damage caused by fraud. Fedorov explained that Zinoviev entered into a fictitious agreement with him to renovate the apartment and received the above-mentioned amount. Later it was spent on personal needs.

The fact of fraud was confirmed by the court verdict against Zinoviev that entered into force. The amount of damage caused to Fedorov was also indicated there.

As a result, the Zavolzhsky District Court of Yaroslavl, by decision dated January 30, 2019, in case No. 2-330/2019, satisfied Fedorov’s claim. Separately, it was stated that the amount of harm inflicted established by the verdict in a criminal case is not subject to further proof.

Reimbursement of taxes unpaid by the company

The illustrative case was considered by the Sovetsky District Court of Bryansk. The prosecutor filed a lawsuit in the interests of the state to recover 9 million rubles from citizen Dolgov for budget revenue.

The requirements are justified by the fact that Sirius LLC, of ​​which the defendant was a director, during 2012-2013. failed to pay taxes for the specified amount due to the submission of false declarations to the Federal Tax Service. Meanwhile, no criminal case was initiated against Dolgov due to the expiration of the statute of limitations.

The defendant objected to the claim, citing the fact that Sirius LLC was declared bankrupt and all creditors' claims were considered settled. In addition, the statute of limitations for unpaid taxes has passed.

Meanwhile, by the decision of January 30, 2019 in case No. 2-434/2019, the prosecutor’s demands were satisfied. The court considered that it was Dolgov’s actions that caused damage to the state. At the same time, the judge considered that the statute of limitations had not expired, since three more years had not passed since the decision was made to refuse to initiate a criminal case.

Compensation for material damage caused by a crime

As a general rule, damage caused by a crime is compensated by the person responsible for the incident. However, there are also cases where the burden of payment falls on a third party.

For example, if a person was hit with serious consequences by a car belonging to an enterprise, then the administration will also compensate for the damage along with compulsory motor liability insurance.

Likewise, if life, health or property were insured, then the insurance company may take on part of the payments. The uncovered amount of damage can be recovered from the perpetrator of the crime in criminal or civil proceedings.

Compensation for material damage from criminal acts is carried out in its actual amount. It includes the costs of restoring property and health, lost earnings due to disability, as well as other additional costs that the victim had to bear.

For example, these are various types of examinations, etc. If the crime is related to murder, then the amount of damage includes the costs of relatives for the burial of the victim.

In addition, the legislation provides for indexation of awarded amounts in connection with changes in the cost of living established in the country.

Features of recovery of property damage from a crime

So, if a person was sentenced to imprisonment, then the damage is compensated based on his earnings during his stay in prison or colony. It is possible that something will be gained through the sale of his property.

When a person has been released from a courtroom due to circumstances unrelated to the acquittal, a separate civil lawsuit should be filed to recover financial damages caused by the crime.

After it is satisfied, it will be necessary to obtain a writ of execution and transfer it to the bailiffs for work. In this case, the damage caused by the actions of the criminal must be recovered by force.

Moral damage in case of theft or theft of property

Along with direct property losses caused by the crime, the victim has the right to make moral claims.

Compensation for moral damage in case of theft occurs when the victim is an individual. In this case, the person himself determines the monetary equivalent in which he is ready to evaluate his own moral suffering.

In order for compensation for moral damages in case of theft of property to have real prospects, the claim must contain the type and degree of mental suffering caused. It would not be amiss to provide documentary evidence.

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For example, as a result of theft, a person received a psychological disorder. Then a medical report and a copy of prescriptions (receipts) for the purchase of sedatives and other drugs will come in handy.

The injured party has the right to file a claim for moral damage together with a demand to recover material damage from the culprit. For each amount, the court makes its decision separately, along with the imposition of punishment for the crime committed.

How to choose an authority

In such a case, the main thing is to correctly determine the jurisdiction. This means that the applicant must apply to the appropriate court, which has sufficient powers to consider such an issue. Copies of the statement of claim must be designed for all persons who take part in the case.

List of authorities to which the claim is filed:

The procedure for compensation for material damage from the actions of a criminal

First you need to calculate its amount. This can be done either on the basis of an expert opinion or by calculating all expenses supported by documents.

In addition, compensation for damage caused by a crime also applies to compensation for moral damage in an accident. Here the victim or his relatives are free to determine the amount themselves. Moreover, moral damage in a crime is compensated regardless of the presence of guilt.

After the victim or his relatives have determined the amount of damage due to the theft, it is necessary to prepare a civil claim. It is addressed either to the investigator or to the court that is considering the criminal case. As a result, the amount awarded for recovery from the civil defendant will appear in the verdict as separate items.

What should an employer do before going to court?

Before going to court, the employer must take a number of mandatory actions.

First, it defines the limit of the employee's liability. The employer can recover damages in full when he has concluded an agreement with the employee on full financial liability. But for this, the employee must be hired by the employer for a specific position. Which involves working with monetary or material values.

In addition to such a document, the employee compensates for material damage in full in cases expressly provided for in Article 243 of the Labor Code of the Russian Federation. Causing damage as a result of an administrative offense, crime, while intoxicated, outside of working hours.

In other cases, the employer may only recover an amount equal to that employee's average monthly earnings. The employer must issue an order or instruction within 1 month from the date of final determination of the amount of material damage caused.

Secondly, there are requirements for the procedure for establishing the employee’s guilt and the amount of damage. And if the employer violates it, the employee can challenge the recovery of damages.

The employer is required to conduct a check. Issue an order, create a commission, demand explanations. During the audit, the amount of actual losses should be established based on the employer at market prices on the day the damage occurred. These written documents will serve as evidence when the court considers the case.