COMPENSATION OF MORAL DAMAGE IN CRIMINAL PROCEEDINGS

Everyone knows that as a result of a criminal offense the injured party receives damages. Often, along with material damage, the victims want to recover moral damages from the guilty party. If the material damage can be estimated in monetary terms, on the basis of conducted examinations, determination of the market value, etc., moral damage is not so simple.

Moral damage is damage that was caused to a person as a result of a criminal offense, which is manifested in mental suffering, loss of the usual way of life and other consequences that the criminal offense entailed.

How to recover moral damages?

If the guilty person does not want to independently compensate for the damages, this can be done in court. There are two ways to recover non-pecuniary damage in court.

• The first way is to file a civil lawsuit in criminal proceedings. This means that during the consideration of the criminal case and sentencing, the court must consider the declared civil claim and decide on the issue of recovery of moral damages.
• The second way is to appeal to a court of civil jurisdiction with a claim for damages. When choosing the second method of appeal, it is worth remembering that the main evidence of the damage caused will be the court's verdict on bringing the person to criminal responsibility, which has entered into legal force.

Cost

When submitting applications for compensation for damage caused by a criminal offense, a court fee is not charged.

Determining the amount of damage

It is not easy to determine the amount of moral damage, because everyone evaluates their mental suffering differently. For some, five thousand hryvnias is a lot, but for others, even a million is not enough. The amount of moral damage is individual and depends on the committed criminal offense and the consequences it caused. It is clear that in the case of wrongful death of a person, moral damages should be assessed higher than from theft or minor bodily injuries. But when determining the amount of damage, you should remember about reasonableness and the amount that you want to recover in proportion to the damage caused.

Judicial practice

It should not be forgotten that even in the presence of sufficient evidence, the court may charge moral damages in a smaller amount than the injured person requests.

The evidence

Evidence in this category of cases can be factual data based on which the victim's usual rhythm of life was disturbed. These can be documents confirming deterioration of health, work capacity, etc.

What should be considered?

When reimbursing moral damages, it is worth taking into account the fact that the amount of material damages to be collected depends on the validity of the stated claims.

This category of cases is not quite simple. Therefore, when preparing a statement of claim or a civil lawsuit, you should not neglect the help of a lawyer. After all, a lawyer in criminal proceedings is needed not only by the accused, but also by the injured party. The result of receiving moral compensation in the criminal process depends on correctly prepared documents and support during the process.