for Example, even if the thieves are not separately accused in the destruction of or damage to property, and is judged only for the theft, they still have to pay for the associated destruction. Broke the lock? Knocked the door? Broke the window? It is necessary to compensate the victim costs.
If the thief has damaged the camera in the stairwell going to the job, you have to pay for it. Yes, she probably does not belong to Rob people, but it doesn’t matter. Harm is harm, where no reason.
Similar to the legal position laid down in the draft resolution of the Plenum of the Russian Supreme court “On judicial practice of consideration of civil claim in the criminal case.”
As experts explain, clarify, strengthen the protection of the rights of victims of crime.
for Example, what the thief must return the stolen or refund the cost of that did not return, no one doubts did not cause. You just need to decide on the price.
But if the thief is accused only of theft and not charged for other items related to damaging someone else’s property, in practice, the question arises whether it is necessary to include in the account the Windows and doors? Now the issues have been settled: the thief must pay.
it is Clear that, for example, camcorders payment will be charged in favor of their owners: HOA, local authorities, etc. Similar issues – who and how much should be paid by the defendant to compensate the damage by the crime, – are resolved by consideration of civil claims in the course of proceedings in the criminal case.
the Supreme court has emphasized that courts should not set aside such questions for later. The document emphasizes: “In the trial should take comprehensive measures for the resolution available in the case of a civil action on the merits.”
in Other words, it is not necessary to force the victims to submit claims after the sentencing and venturing for this reason the individual processes. It is necessary to decide all at once.
“the Institute for consideration of a civil suit in a criminal case is the most effective mechanism for urgent decision of a question on compensation of the harm caused to the victim of a crime, – said the Chairman of the Association of lawyers of Russia Vladimir Gruzdev. – Such a claim proceeds in court proceedings in a criminal case. This system is aimed at implementation of constitutional safeguards for victims of crime to access justice and reparation for the damage.”
He noted that, according to Judicial Department at the Supreme court of Russia, for the year vessels were recovered from prisoners in favour of the affected citizens over 5.9 billion rubles in compensation for damage caused by theft.
“Prepared explanation of the Supreme court to help the courts to improve protection of victims’ rights. Other explanations subtopicverdaut the right of victims to claim compensation not only material but also moral damages. Let me remind you that the Association of lawyers of Russia Commission develops criteria for determining the size of compensation of moral harm”, – said Vladimir Gruzdev.
In particular, it clarifies the Supreme court, compensation of moral harm must consider the material situation of the perpetrator.