Damage compensation in criminal proceedings

One of the most important tasks in any criminal case is the compensation for the harm caused by a criminal offense. The term "harm" refers not only to material damage but also includes physical suffering and moral-psychological harm. Compensation may be claimed in criminal proceedings both during the pre-trial investigation stage and during the trial. If you need compensation for the damage caused, you can contact the lawyers at our legal firm "Prikhodko & Partners."

How to Claim Compensation at Different Stages of Criminal Proceedings

Pre-trial Investigation Stage

At the pre-trial investigation stage, compensation is sought through a civil lawsuit. Such a lawsuit is prepared by the victim or the victim's representative and is directed at the following parties: the legal entity (the crime's subject), the suspect, or the defendant.

The lawsuit is submitted to the prosecutor or investigator, who conducts the pre-trial investigation. The claim must contain the following information:

• Personal data of the plaintiff and the defendant.
• Characterization and detailed description of the circumstances that caused the harm.
• The amount of the damage.
• Evidence supporting the amount of the damage.

The person responsible for the pre-trial investigation (prosecutor, investigator) must review the lawsuit and make a justified decision (to approve or reject the claim).

Order a Consultation

Trial Stage

If the lawsuit is filed during the trial, both the civil claim and the criminal case are considered simultaneously. The parties eligible to file the claim are the same as those in the pre-trial investigation stage.

Once the claim is submitted with the appropriate argumentation, it is considered by the court.

The following factors play a crucial role in the decision-making process regarding compensation:

1. Proving the suspect's/defendant's guilt in causing material or moral harm.
2. The amount of harm caused.
3. The validity of the evidence presented.
4. The financial standing of the parties.

Thus, with the proper argumentation, a civil lawsuit is an effective mechanism for compensating material and moral damages caused by the actions of the suspect/defendant. However, it has specific features depending on the criminal offense committed.

Compensation for Damages: What to Consider?

Thus, compensation for damages within criminal proceedings is governed by general rules. The compensation claim is directed at the person responsible for the harm or the person who is legally liable for it.

In most cases, the court grants the civil claim if sufficient argumentation and evidence are presented. It is especially important to establish a causal link between the criminal offense and the damage mentioned in the civil lawsuit.

The key to success in claiming compensation is the professionalism of the lawyer. Our lawyers can effectively protect your interests. We will properly draft the claim and provide the necessary evidence. Our lawyers offer full legal support in criminal proceedings. We guarantee the desired result. We recommend involving specialists at the pre-trial investigation stage to increase your chances of obtaining the maximum compensation for the damage caused.

Ready to take action?

Great. Readiness is half the battle. The rest is up to us.

1. Fill out the form below
2. Receive a Personalized Consultation
3. Find out the Cost of our Services