Template for a civil claim in a criminal trial. Civil claim in criminal proceedings

A person who has suffered material or moral harm as a result of a crime must be explained by the inquirer or investigator the right to file a civil claim in criminal proceedings. The Code of Criminal Procedure of the Russian Federation provides a civil plaintiff with the opportunity to bring a civil claim both in pre-trial and judicial proceedings, that is, during the trial of a criminal case, before the court retires to the deliberation room to pronounce a verdict.

The decision of the investigator (inquiry officer) to be recognized as a civil plaintiff is formalized by a resolution. The court's decision on this issue is formalized by a ruling. At the same time, the Plenum Supreme Court The Russian Federation, in paragraph 22 of Resolution No. 17 of June 29, 2010, rightly draws attention to the fact that the actions of the court to explain to the victim his right to file a civil claim should be perceived as the elimination of violations committed in this part by the preliminary investigation authorities.

It is advisable to recognize a civil plaintiff at the stage of preliminary investigation. This will allow timely action to be taken to secure a civil claim.

Despite the fact that among procedural rights civil plaintiff enshrined in Art. 44 of the Code of Criminal Procedure of the Russian Federation, there is no right to demand the use of interim measures in a civil claim; such security can be realized by filing a corresponding petition.

The most effective interim measure is the seizure of property provided for in Part 1 of Art. 115 of the Code of Criminal Procedure of the Russian Federation, failure to resolve the issue of seizure during the inquiry or preliminary investigation can be compensated at the stage of preparing the case for trial by filing a corresponding petition by the victim.

Since the seizure of the property of the accused is possible only with the permission of the court, investigators, and the investigator’s application to the court for seizure is possible only with the consent of the head of the investigative department, and the investigator with the consent of the prosecutor, persons conducting the investigation extremely rarely use this interim measure.

A civil claim brought in a criminal proceeding is resolved by the court with a ruling.

In accordance with Art. 1064 of the Civil Code of the Russian Federation, damage caused to property or a citizen is subject to compensation by the person who caused it. However, the law in certain cases makes an exception to this rule and may impose an obligation to compensate for damage on a person who did not cause the damage. For example, in accordance with Art. 1079 of the Civil Code of the Russian Federation on the owner of a source of increased danger.

In accordance with paragraph 19 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 1 of April 29, 1996, in the verdict the court must indicate the reasons for satisfying the claim or refusing it. Failure to provide in the verdict the reasons for refusing to satisfy the claim entails the cancellation of the verdict in this part.

As the highest court, the courts are required to indicate in the verdict the calculation and amount of satisfied claims. Of course, in order to do this, the plaintiff is obliged to provide the court with the necessary written evidence to confirm his claims and the extent of the damage caused. IN otherwise, a civil claim in a criminal proceeding will be left without resolution.

It is obligatory for the court to indicate in the verdict the norms of law that the court was guided by when resolving the declared civil claim. However, the position of the Supreme Court expressed in the Cassation Ruling No. 13-007-12 of August 20, 2007, the absence of a legal basis for a civil claim in the verdict, provided that the claims are actually correctly resolved, cannot serve as a basis for canceling the verdict in relation to the civil claim.

If a claim is filed against several defendants, in the verdict the court must indicate from whom and what amounts of damage are recovered, whether they are recovered jointly or in shares. Failure of the court to fulfill this obligation entails the cancellation of the verdict regarding the resolution of the civil claim.

The law allows the court to recognize in the verdict the plaintiff’s right to satisfy the claim and refer the issue of the amount of compensation for consideration in accordance with the procedure civil proceedings. The court is empowered to make such a decision if two conditions are strictly met:

firstly, if necessary, make additional calculations that require postponing the trial;

secondly, when this court decision does not affect the qualification of the crime, the measure of punishment and other issues that arise when making a sentence.

The court may leave the issue of the amount of compensation for consideration in civil proceedings, recognizing the plaintiff’s right to compensation.

When issuing acquittal and termination of proceedings on the basis of clause 1, part 1, art. 24 and paragraph 1, part 1, art. 27 of the Code of Criminal Procedure of the Russian Federation, the court refuses to satisfy the civil claim.

1. After recognizing the person affected by the crime as a victim, submit a written request to the investigator to recognize him as a civil plaintiff and present it.

It should be noted that, in accordance with the previously effective Code of Criminal Procedure of the RSFSR, investigators themselves were required to seize the property of the accused. With the introduction of judicial control over the legality of seizure of property, resolving the issue of taking interim measures at the pre-trial stage of the criminal process has become significantly more complicated. To seize the property of the accused, the investigator must draw up a written, reasoned petition to the court “for the use of interim measures.” This petition must be approved by the head of the investigative agency. After approval of the petition by the head of the investigative body, this petition is subject to consideration in trial. In such cases, the investigator must obtain the consent of the prosecutor. Since this procedure requires a lot of time, investigators (inquirers) do not show initiative in applying interim measures. In this regard, the victim should take the initiative himself and submit a written petition about this. The investigator is obliged to resolve it. It is quite difficult for an investigator to refuse such a request. The refusal to satisfy this request can be appealed to the court.

2. It is necessary to draw up a reasoned statement of claim in accordance with all the requirements of the Code of Civil Procedure of the Russian Federation.

It is advisable to provide a legal basis for your claims in order to make the judge’s work easier. The statement of claim should be accompanied by copies of it for the accused and the prosecutor. In support of your claims, you must attach documents confirming the fact of harm and the amount of damage caused to your application. If it is necessary to make detailed arithmetic calculations, of course the application and calculation are signed by the applicant.

It should be remembered that the claim in criminal proceedings, as in civil proceedings, must be drawn up in writing, otherwise the verdict in terms of satisfying the claims will be canceled. Thus, in one of the criminal cases, the court overturned the verdict in part of the civil claim, since the victim outlined her claims only orally at the hearing.

The appeal overturned the verdict in the part of the civil claim and explained to the victim the right to file a claim in civil proceedings and indicated that claims for compensation for damage caused by the crime should be resolved in accordance with civil law (Resolution of the Constitutional Court of the Russian Federation dated January 31, 2011 No. 1-P) . It follows from this that the statement of claim must be drawn up in writing (Part 1 of Article 131 of the Code of Civil Procedure of the Russian Federation). The first instance did not comply with this requirement. The victim outlined her claims orally in court hearing, there is no statement of claim in the case materials. At the same time, the court, contrary to the Code of Criminal Procedure of the Russian Federation, did not make a decision to recognize the victim as a civil plaintiff, and the convicted person as a civil defendant, and did not explain to them the corresponding rights. The documents that the victim presented to justify the costs of treatment were only added to the case, but were not examined at the meeting.

Download the statement of claim for compensation for damage from a crime, sample, taking into account latest changes legislation.

If, as a result of the commission of a crime, the victim’s property is damaged, damaged or lost, he has the right to demand compensation for damage from the crime in full.

How to file a claim in court for compensation for damages from a crime

A claim for damages is filed and considered as part of a criminal case. When rendering a verdict, the court resolves the claims of the civil plaintiff. If the demands of the victim during the criminal case were not stated or resolved by the court, he has the right to file a claim in civil proceedings.

Sample statement of claim for compensation for damage from a crime in criminal and civil case will be the same. The plaintiff, when filing a claim for compensation for damages from a crime, is exempt from paying. The cost of the claim is determined by the value of the lost property. Jurisdiction of the case in civil process determined by the cost of the claim and the defendant’s place of residence.

Sample statement of claim for compensation for damage from a crime

IN ___________________________
(name of court)
Plaintiff: _______________________
(full name, address)
Respondent: _____________________
(full name, address)
: ____________________
(full amount from claims)

Claim for compensation for damages from a crime

“___”_________ ____ the defendant committed a crime, as a result of which I suffered material damage _________ (indicate in detail what actions of the defendant led to the damage).

The amount of material damage consists of the value of the stolen (or the costs of restoring damaged) property, namely _________ (give a list of property, indicate its value or the amount of costs for restoring damaged property). The total cost of damage caused by the crime is ____ rubles, which are subject to recovery from the defendant responsible for causing the damage.

In addition, the defendant’s guilty actions caused damage to my non-property rights _________ (list the plaintiff’s personal non-property rights violated by the defendant during the commission of the crime), as a result of which I experienced physical and moral suffering _________ (list the physical and moral suffering that the plaintiff experienced) . I estimate the amount of compensation for moral damage in the amount of ____ rubles, which is subject to recovery from the defendant.

1. To recover ____ rubles from _________ (full name of the defendant) in my favor for compensation for material damage from the crime.
2. To recover from _________ (full name of the defendant) in my favor compensation for moral damage in the amount of ____ rubles.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. A copy of the court verdict (if it took place and entered into legal force)
3. Documents confirming that the stolen (damaged) property belongs to the plaintiff
4. Documents confirming the amount of damage due to the crime (the value of the stolen property or the cost of restoring damaged property)
5. Calculation of the amount of material damage from a crime
6. Evidence confirming the degree of moral and physical suffering of the plaintiff as a result of the crime

Date of application “___”_________ ____ Signature of the plaintiff _______

Download a sample application:

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