Many citizens subjected to unlawful criminal prosecution, do not use the right to compensation for moral damage. Sometimes because of ignorance about this possibility.
Meanwhile, the norms of the criminal procedural law and the civil code provide for such a right for persons, whose criminal prosecution is terminated on rehabilitating grounds.
In 2017 my –lawyer in criminal cases, carried out protection C-M. charged for 161 article, part 2, item "g" (robbery with violence).
Convinced of the innocence of the principal in this crime, I repeatedly in the course of the year, said the petition for termination of criminal proceedings M..
Just and lawful decision in relation to his principal's I managed to achieve only at the end of 2017. 07 December 2017 the prosecution, M. was dismissed on the basis of paragraph 2 part 1 article 24 UPK the Russian Federation.
In the course of investigation of criminal case No. 11601450410001013 my principal was detained under article 91 UPK the Russian Federation. He was elected a preventive measure: house arrest, the recognizance not to leave.
In the preparation of the statement of claim in interests of M., I captured these and other circumstances that caused my client's moral and physical suffering.
The legitimacy of the claims substantiated with references to relevant rules of criminal procedure and the civil code.
In the trial I was reasonably high degree of mental suffering caused by M. in the course of his criminal prosecution.
The judge agreed with the necessity of compensation M.-pecuniary damage. The claim was partially satisfied. Judges typically underestimate the amount of moral damages claimed by the plaintiff.
24 may 2018, the Tverskoy district court of Moscow in the civil case №2-1500/18 satisfied the claim of M. and the Ministry of Finance of the Russian Federation. In favor of our client was awarded 100 thousand rubles.
If you are terminated criminal prosecution on rehabilitative grounds, no need to stop there. With the help of experienced lawyers in criminal cases to seek compensation of the caused moral harm.