Sample statement of claim for rehabilitation in a criminal case

Sample application for rehabilitation in a criminal case

To the district court of the city Address: , city, st.
, village Plaintiff: Address: , city, st. , d. Defendant: Ministry of Finance of the Russian Federation represented by the Federal Treasury Department at Address: , city, st. , d. STATEMENT OF CLAIM for recovery of compensation for moral damage in the order of rehabilitation for illegal criminal prosecution By the verdict of the district court of 2011, year of birth, convicted under Part 3 of Article 30, paragraph “b” of Part 2 of Article 228- 1 of the Criminal Code of the Russian Federation to 5 years of imprisonment, under Part 1 of Article 228 of the Criminal Code of the Russian Federation to 1 year 3 months of imprisonment. On the basis of Part 3 of Article 69 of the Criminal Code of the Russian Federation for the totality of crimes, by partial addition of punishments, 5 years and 6 months of imprisonment were finally imposed. The cassation ruling of the judicial panel for criminal cases of the court dated 201 left the sentence unchanged.

Attention

According to the Civil Code of the Russian Federation, if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for this damage. When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention.

The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person who suffered harm. In accordance with Art. 1101 of the Civil Code of the Russian Federation, the amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused to the victim.

Sample application to the court for rehabilitation

Due to the lack of a fair and impartial trial, I felt hopeless.

The court unreasonably refused to order a handwriting examination of the signatures of attesting witnesses and witnesses in the materials of the operational investigation and procedural documents in connection with which I was forced to conduct the examination at my own expense.

Despite the fact that the examination confirmed the fact of forgery of the signature of witness Bykov in all documents available in the case file, the court again refused to order a handwriting examination and refused to include an expert study of the signature conducted by an expert institution at my expense.

Statement of claim in a criminal case rehabilitation

The plaintiff also suffered moral damage, which he estimates in the amount of () rubles. In accordance with paragraph 1 of Art.

1070 of the Civil Code of the Russian Federation, harm caused to a citizen as a result of an illegal conviction, illegal prosecution, illegal use of detention or a written undertaking not to leave as a preventive measure is compensated at the expense of the treasury of the Russian Federation, and in cases provided for by law, at the expense of the treasury of a constituent entity of the Russian Federation or the treasury of a municipal entity, in full, regardless of the guilt of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court in the manner prescribed by law.

In a criminal case

Important

To recover from the defendant, at the expense of the treasury of the Russian Federation, in favor of the plaintiff an amount of () rubles as compensation for damage caused as a result of an unlawful conviction. 2. To recover from the defendant, at the expense of the treasury of the Russian Federation, in favor of the plaintiff compensation for moral damage in the amount of () rubles.

Attachments: 1. A copy of the district court's verdict dated » » in case No. 2. A copy of the supervisory court dated "" (specify the act) in case No. 3. Copies of documents confirming the infliction of material damage. 4. Copies of documents confirming the infliction of moral damage. 5.

Calculation of the amount of claims. 6. Copies of the statement of claim and documents attached to it for the defendant and a third party. 7. Power of attorney of the representative dated » » N (if the statement of claim is signed by the representative of the plaintiff).

Compensation for moral damage for illegal criminal prosecution

In accordance with Art.

1070 of the Civil Code of the Russian Federation, harm caused to a citizen as a result of an illegal conviction, illegal prosecution, illegal use of detention or recognizance as a preventive measure, illegal bringing to administrative responsibility in the form of administrative arrest, is compensated at the expense of the treasury of the Russian Federation, and in cases provided for by law, at the expense of the treasury of a subject of the Russian Federation or the treasury of a municipal entity in full, regardless of the guilt of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court in the manner prescribed by law.

My own lawyer

To the district court

Source: https://lcbg.ru/zayavlenie-na-reabilitatsiyu-po-ugolovnomu-delu-obrazets/

Rehabilitation in criminal proceedings

St. Petersburg Yuralis. . To get a consultation. Individuals. Legal entities. Respondent: Ministry of Finance of the Russian Federation. Based on part. The rest of the verdict and the cassation ruling were left unchanged.

Thus, the criminal case initiated against me on the grounds of a crime under Part. In accordance with paragraph. Criminal prosecution against the Plaintiff under Part. In accordance with Part.

Harm caused to a citizen as a result of criminal prosecution is compensated by the state in full, regardless of the guilt of the body of inquiry, the inquiry officer, the investigator, the prosecutor and the court. As it says, from the provisions of Art.

The plaintiff, in a maximum security colony, experienced moral suffering, was cut off from home, family, and work; defamatory information about his criminal activities was disseminated, which belittled his honor, dignity, and good name.

The loss of days that the Plaintiff spent in isolation from society is irreplaceable. The plaintiff, being in unusual conditions of strict isolation from society, experienced a stressful state from loneliness, communication with recidivist criminals who committed serious and especially serious crimes.

About rehabilitation in a criminal case

Regarding the applicant Z. The applicant’s questions: How to correctly draw up a statement of claim for compensation for moral damage due to rehabilitation in criminal proceedings, who should be the defendant, in which court to file the statement of claim.

Compensation for damage caused as a result of illegal or unfounded criminal prosecution is regulated by Chapter 18 of the Code of Criminal Procedure of the Russian Federation. It was explained to the applicant that, in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29,

Based on the provisions of Art.

Sample statement of claim for rehabilitation

The verdict clarified that I have the right to compensation for damages associated with criminal prosecution. The cassation ruling of the Judicial Collegium for Criminal Cases of the Moscow Regional Court dated As part of the investigation, a preventive measure was chosen - a written undertaking not to leave the place.

In connection with the initiation of a criminal case, I turned to a lawyer for legal assistance.

The cost of the legal assistance provided to me was, according to the receipts for the cash receipt order, 26 rubles according to the receipt from According to the provisions of the article of the Code of Criminal Procedure of the Russian Federation, the right to rehabilitation includes the right to compensation for property damage, elimination of the consequences of moral damage and restoration of labor, pension, housing and other rights .

Petition for compensation for property damage

Statement of claim for compensation for moral damages for unlawful criminal prosecution. A criminal case was initiated against me under clause. I believe that I was illegally subjected to criminal prosecution, and I ask that compensation for moral damage be recovered from the defendant.

The very fact of illegal criminal prosecution against me is the basis for compensation for moral damage. By virtue of clause

An article of the Civil Code of the Russian Federation establishes that in cases where the damage caused is subject to compensation at the expense of the treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation or the treasury of a municipal entity, the relevant financial authorities act on behalf of the treasury.

According to the article of the Civil Code of the Russian Federation, compensation for moral damage is carried out regardless of the guilt of the harm-doer in cases where harm is caused to a citizen as a result of his illegal conviction, illegal prosecution, illegal use of detention or recognizance as a preventive measure, illegal imposition of an administrative penalty in the form of arrest or correctional labor. Since moral damage was caused to me as a result of criminal prosecution carried out by bodies financed from the federal budget, the obligation to compensate the moral damage caused to the plaintiff should be assigned to the Ministry of Finance of the Russian Federation at the expense of the treasury of the Russian Federation. Despite the fact that there was self-incrimination on my part, this is not a basis for refusing me compensation for harm with reference to the Decree of the Presidium of the Supreme Soviet of the USSR dated At present, this Decree, although it retains legal force, can only be applied in conjunction with the provisions Ch.

Statute of limitations application for rehabilitation in a criminal case sample

WHO HAS THE RIGHT TO REHABILITATION? Taking into account the provisions of Part 2 of Article 133 and Part 2 of Article 135 of the Code of Criminal Procedure of the Russian Federation, the right to rehabilitation has both persons whose criminal prosecution was declared illegal or unfounded by the court of first instance on the grounds provided for in Part 2 of Article 133 of the Code of Criminal Procedure of the Russian Federation, and persons in respect of whom criminal prosecution was terminated on the specified grounds at the pre-trial stages of criminal proceedings, or the criminal case was terminated and (or) the sentence was overturned on such grounds in an appeal, cassation, supervisory procedure, due to newly discovered or new circumstances. A person to whom compulsory medical measures have been applied is also entitled to rehabilitation if an illegal or unfounded court order to apply this measure is revoked.

How to file a claim to restore the statute of limitations?

To the magistrate of court district No. ........ judicial district of the Moscow region of the Russian Federation Applicant: S., resident: city ...., st. ..., d. ..., apt. ... an application for compensation in accordance with Chapter 18 of the Code of Criminal Procedure of the Russian Federation (rehabilitation) of property damage by the Magistrate of the judicial district No. ... .....

judicial district of the Moscow region of the Russian Federation ... March 2009, a verdict was passed, according to which I, S., was found guilty of committing a crime under Part 1 of Article 119 of the Criminal Code of the Russian Federation; sentenced to one year of imprisonment (using Article 73 of the Criminal Code of the Russian Federation). By verdict…..

City Court of the Moscow Region from ...

September 2009 in case No. ..., the verdict of the magistrate of court district No. ... ..... judicial district was canceled, I, S., were acquitted of the charge of committing a crime under Part 1, Art. 119 of the Criminal Code of the Russian Federation on the grounds provided for in paragraph 1 of Part 1 of Art.

Statute of limitations application for rehabilitation in a criminal case sample to court

of the Code of Criminal Procedure of the Russian Federation, in the event of harm being caused to them by an interrogator, investigator, prosecutor or court in accordance with Part 5 of Article 133 of the Code of Criminal Procedure of the Russian Federation, they have the right to compensation in the manner of civil proceedings (for example, in the event of harm being caused during operational investigative activities before the initiation of a criminal case ; in case of harm to persons to whom procedural coercive measures were not directly applied during the criminal proceedings). BASIS FOR THE ARISE OF THE RIGHT TO REHABILITATION The basis for the emergence of a person’s right to rehabilitation is an acquittal passed against him or a resolution (ruling) issued to terminate a criminal case (criminal prosecution) on the grounds specified in part 2 of Article 133 of the Code of Criminal Procedure of the Russian Federation, or to cancel an illegal or an unfounded decision to apply compulsory medical measures. The plaintiff believes that a fair, worthy compensation amount for the illegally and forcedly spent 347 days in isolation from society is a sum of money in the amount of rubles. In accordance with Art. 29, 131 Code of Civil Procedure of the Russian Federation, 151, 1070, 1101 Civil Code of the Russian Federation, 133-138 Code of Criminal Procedure of the Russian Federation, I ASK:

To recover from the Ministry of Finance of the Russian Federation, at the expense of the treasury of the Russian Federation, compensation for moral damage caused as a result of illegal criminal prosecution, in favor of () rubles.

Applications:

A copy of the statement of claim;
A copy of the judgment of the district court.

Some courts consider it necessary to recover the amount of damage in such cases based on the principle of reasonableness and fairness; in other cases, courts indicate that the current legislation does not provide for the possibility of reducing the amount of compensation for property damage based on the principle of reasonableness. As the Constitutional Court of the Russian Federation indicated in its ruling, paragraphs. 4 and 5 hours 1 tbsp.

135 of the Code of Criminal Procedure of the Russian Federation, in its literal meaning and in the meaning given by law enforcement practice, obliges the court to include in the scope of compensation for harm caused to a rehabilitated person as a result of illegal criminal prosecution, all amounts actually paid by him for the provision of legal assistance, as well as the costs incurred by him for compensation costs associated with consideration of rehabilitation issues.

This approach is reflected in the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (adopted on November 29, 1985 by UN General Assembly resolution 40/34), which states that persons who have suffered harm, including physical injury, material, moral harm or significant impairment of their fundamental rights, must have the right to access to justice mechanisms and prompt compensation for the harm caused to them; UN Member States have an obligation to ensure that judicial and administrative procedures are more responsive to the protection of these individuals by ensuring that they have the opportunity to present their case and have it considered by the court at all stages of the proceedings in cases where their personal interests are affected.

Source: https://yurburo61.ru/srok-davnosti-zayavlenie-o-reabilitatsii-po-ugolovnomu-delu-obrazets/

OTHER COSTS SUBJECT TO REIMBURSEMENT

The Code of Criminal Procedure of the Russian Federation does not explain what exactly is meant by “other expenses” incurred by the rehabilitated person. However, as follows from the resolution of the PVS of the Russian Federation dated November 29, 2011 No. 171, these include both expenses incurred directly in the course of illegal criminal prosecution, and those incurred in order to eliminate the consequences of illegal or unfounded criminal prosecution, including costs for reimbursement of expenses associated with rehabilitation, restoration of health, etc. In practice, these include the costs of examinations, postal expenses, expenses for the obligations of the rehabilitated person (for example, the rehabilitated person received a loan to pay off the bail amount), lost profits. There are also demands for compensation for the value of property seized during illegal criminal prosecution.

With regard to the issue of compensation for lost profits, judicial practice is contradictory: courts have different assessments of the existence of damage, as well as the absence or presence of the opportunity to engage in entrepreneurial activity. Apparently, when resolving the issue of compensation for lost profits, one should first of all proceed from proof of the presence of lost profits, as well as the presence of a cause-and-effect relationship between the resulting consequences in the form of lost profits and the implementation of illegal criminal prosecution.

Claim for rehabilitation in a criminal case

STATEMENT OF CLAIM for the recovery of compensation for moral damage in the order of rehabilitation for illegal criminal prosecution by the verdict of the district court of 2011, year of birth, convicted under Part 3 of Article 30, paragraph “b” of Part 2 of Article 228-1 of the Criminal Code of the Russian Federation to 5 years in prison, according to Part.

1 Article 228 of the Criminal Code of the Russian Federation to 1 year 3 months of imprisonment. On the basis of Part 3 of Article 69 of the Criminal Code of the Russian Federation for the totality of crimes, by partial addition of punishments, 5 years and 6 months of imprisonment were finally imposed.

The cassation ruling of the judicial panel for criminal cases of the court dated 201 left the sentence unchanged.

Attention

Sample claim for rehabilitation - Your lawyer

A criminal case was opened against the applicant Z., but subsequently the proceedings were terminated and a decision was made to terminate the criminal case against the applicant.

The applicant demands compensation for moral damage in monetary terms.

The applicant’s questions: How to correctly draw up a statement of claim for compensation for moral damage due to rehabilitation in criminal proceedings, who should be the defendant, in which court to file the statement of claim.

Lawyer's answer.

Compensation for damage caused as a result of illegal or unfounded criminal prosecution is regulated by Chapter 18 of the Code of Criminal Procedure of the Russian Federation.

It was explained to the applicant that in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2011

No. 17 “On the practice of application by courts of the norms of Chapter 18 of the Criminal Procedure Code of the Russian Federation, regulating rehabilitation in criminal proceedings,” claims for compensation for moral damage in monetary terms are brought in civil proceedings. Based on the provisions of Art. 23, art.

24 of the Code of Civil Procedure of the Russian Federation, such cases are subject to jurisdiction by district courts. In accordance with Part 6 of Art. 29 of the Code of Civil Procedure, a claim may be brought to the court at the place of residence or location of the defendant, or to the court at the place of residence of the plaintiff. The Ministry of Finance of the Russian Federation is involved as the defendant on behalf of the Treasury of the Russian Federation.

The interests of the Ministry of Finance of the Russian Federation are represented in courts by power of attorney of the Federal Treasury Department for the constituent entities of the Russian Federation. Thus, the defendant will be the Federal Treasury Department for the Udmurt Republic.

During the conversation, the lawyer also raised the question of whether there were any other violations of the applicant’s rights during the illegal criminal prosecution. The applicant reported that her reputation had been damaged, her earnings had been lost for 4 months, her health had been affected, and she had acquired bronchial asthma.

The lawyer explained that in this case the applicant has the right to file an application for compensation for property damage, restoration of labor, housing and other rights.

Compensation for property damage to a person during rehabilitation includes compensation for wages, benefits, and other funds that the person lost as a result of criminal prosecution, compensation for fines and procedural costs, amounts paid for the provision of legal assistance and other expenses supported by documents or other evidence. Other expenses in this case include expenses associated with restoring health.

The applicant also has the right to compensation for moral damage, which provides for the prosecutor to make an official apology on behalf of the state for the harm caused to her, and to send written reports about the decisions made that exonerate the citizen, at the place of work, at the place of residence.

A sample application to the court has been provided.

Chauzova Elena Vladimirovna, secretary of the Uvinsky District Court of the Ural Republic,

Consultation given November 2013

www.ntvpkedr.ru

Sample claim for rehabilitation

Car insurance
Housing disputes
Land disputes
Administrative law
Participation in shared construction
Family disputes
Civil law, Civil Code of the Russian Federation
Consumer rights Protection
Labor disputes, pensions

Application for rehabilitation in a criminal case (compensation for property damage)

Source: https://hoz-molotok.ru/isk-o-reabilitatsii-po-ugolovnomu-delu/

ENSURING THE RIGHT TO PROTECTION

In accordance with Part 2 of Art. 399 of the Code of Criminal Procedure of the Russian Federation, when considering an application for compensation for damage caused by illegal (unjustified) criminal prosecution, the rehabilitated person participates, who has the right to exercise his rights with the help of a lawyer. Therefore, in order to respect a person’s right to defense, as well as to participate in a court hearing, it is necessary to notify the applicant of the date of consideration of his application for rehabilitation. Thus, he will be given a real opportunity to participate in the court hearing and exercise his rights properly, including with the help of a defense lawyer.

Thus, the appeal ruling of the Supreme Court of the Republic of Bashkortostan overturned the court decision in connection with the violation of the applicant’s right to defense. In accordance with clause 3, part 1, art. 72 of the Code of Criminal Procedure of the Russian Federation, a defense lawyer does not have the right to participate in the proceedings if he has previously provided legal assistance to a person whose interests contradict the interests of the person currently protected by him. At the court hearing to consider the application for compensation for property damage, the interests of the applicant were represented by a lawyer whose lawyer the applicant asked to participate in the court hearing, but the court hired another lawyer to defend him, who had previously defended another defendant in this criminal case, whose position contradicted the position of the applicant.