Damage compensation in criminal proceedings

One of the most important tasks of any criminal case is compensation for the damage caused by a criminal offense. The wording "damage" does not mean only material losses. This category includes physical suffering and inflicted moral and psychological damage. Recovery of damages can be carried out in criminal proceedings both at the stage of pre-trial investigation and during the consideration of the case in court. If you need to compensate for the damage, you can contact the lawyers of our Prykhodko and Partners law office.

Peculiarities of recovery of damages at different stages of criminal proceedings

Stage of pre-trial investigation

At the stage of the pre-trial investigation, compensation for damage is carried out as part of a civil lawsuit. Such a lawsuit is prepared by the victim or the victim's representative against the following parties: a legal entity (the subject of the crime), the suspect, the accused.

The statement-lawsuit is submitted to the prosecutor, the investigator. It is they who carry out the pre-trial investigation. The statement of claim must contain the following information:

• Personal data of the plaintiff and the defendant.
• Characterization and detailed description of the circumstances that provoked the assignment of damage.
• Amount of damage.
• An evidence base that will serve as confirmation of the amount of damage.

The person responsible for conducting the pre-trial investigation (prosecutor, investigator) must consider the claim and make a reasoned decision (satisfy the claim or refuse to accept it).

The stage of consideration of the case in court

If the claim is filed during the court proceedings, the civil action and criminal proceedings are considered at the same time. The parties that can submit a statement are similar to those specified at the stage of the pre-trial investigation.

After filing a lawsuit with appropriate arguments, it is considered by the court.

The following factors play a very important role in the decision-making process regarding compensation for damage:

• Proving the guilt of the suspect/accused of causing material or moral damage.
• The extent of the damage.
• Validity of the evidence base.
• Material support of the parties.

Thus, subject to proper justification, a civil lawsuit is an effective mechanism for reparation of material and moral damage caused by the actions of the suspect/accused. At the same time, it has certain specific features depending on the committed criminal offense.

Damages: What to consider?

Thus, compensation for damage in the framework of criminal proceedings takes place according to general rules. The demand for payment of compensation is addressed to the person who caused this damage or to the person who bears civil responsibility by law.

In most cases, the court satisfies the civil claim if there is sufficient argumentation supported by the evidence base. In particular, it is very important to prove a causal connection between the criminal offense and the damage that is the subject of the civil action.

The key to success in compensation is the lawyer's professionalism. Our lawyers will be able to qualitatively protect your interests. We will correctly draw up a claim and provide the necessary evidence base. Our lawyers provide full legal support in criminal proceedings. We guarantee the desired result. We recommend involving specialists at the pre-trial investigation stage. Thus, higher chances of receiving compensation for the damage caused.

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