In most criminal cases, the victim seeks to resolve the financial issue at the same time as punishment of the guilty party. A civil claim in a criminal case makes it possible to recover damage, treatment costs, non-pecuniary damage and lost profits within a single set of proceedings. This is convenient for the victim but creates serious risks for the accused. Without a sound legal position, significant sums can be lost even if the sentence is lenient.
Attorney Yuriy Arutyunov has been helping residents of Moscow and the Moscow Region, both victims and accused persons in criminal cases, for more than 15 years. He knows how to state a claim properly so that it is granted, and how to effectively reduce inflated claims.
Why almost every criminal case is accompanied by a civil claim
A criminal case is initiated to hold the guilty party liable, and a civil claim to obtain compensation for harm. The court considers both issues at the same time, which saves the participants time and effort. The victim does not have to file a separate claim in a civil court after the sentence. Everything is decided in one hearing.
If the victim does not state claims in the criminal proceedings, he retains the right to do so later in civil proceedings. In practice, however, most prefer to resolve the matter at once. For the accused this means that, in addition to a possible custodial sentence or fine, he will have to prepare for serious monetary awards.
What is a civil claim in a criminal case
A civil claim in criminal proceedings is a formal demand by the victim or his representative against the accused (and sometimes against a civil defendant) for compensation for the harm caused by the crime. It is governed by Articles 44, 54 and 246 of the Code of Criminal Procedure of the Russian Federation.
A claim may be brought by the victim, his legal representative or the prosecutor on behalf of a minor or a legally incapacitated person. In this case the accused becomes the civil defendant. The judge accepts the claim for consideration and examines it together with the criminal charge.
What types of harm can be recovered
A civil claim in a criminal case usually seeks:
- Property damage (repair of a car after a road traffic accident, the value of stolen property);
- Treatment and rehabilitation costs;
- Lost earnings for the period of incapacity for work;
- Non-pecuniary damage (physical and moral suffering);
- The costs of an attorney's services and other legal costs.
It is important to understand that the court is not obliged to grant the claim in full. It assesses the evidence and may significantly reduce the amount claimed.
Typical amounts claimed in different categories of cases in Moscow
The amount of non-pecuniary damage in criminal cases depends heavily on the circumstances. In cases of battery and minor bodily harm, victims often claim from 50 to 150 thousand roubles. In cases of grievous bodily harm, the amounts rise to 500 thousand – 1 million roubles and more.
In road traffic accidents under Article 264 of the Criminal Code of the Russian Federation, compensation for non-pecuniary damage in the event of serious consequences is often claimed in the range of 300–800 thousand roubles. In the event of death, close relatives may claim from 1 to 3 million roubles for each victim.
Property damage is recovered in full if there is evidence: receipts, expert reports, contracts. For example, in cases of theft or fraud, the actual value of the property is returned plus interest for the use of another person's funds.
Real examples of compensation in Moscow court practice
In cases of grievous bodily harm (Article 111 of the Criminal Code of the Russian Federation), courts often reduce non-pecuniary damage from the claimed million to 300–500 thousand roubles. In battery cases (Article 116 of the Criminal Code of the Russian Federation), 30–70 thousand is awarded instead of 200 thousand. In road traffic accidents, the amounts depend on the severity of the injuries and the presence of fault.
How a victim should properly bring a civil claim
A statement of claim may be filed from the moment criminal proceedings are initiated until the end of the judicial investigation. It is best to do so as early as possible — immediately after filing the crime report or at the first questioning.
The statement must include:
- Details of the victim and the accused;
- A description of the circumstances of the case;
- The amount of harm caused, with justification;
- A list of evidence (medical documents, receipts, expert reports);
- Specific claims.
A properly drafted statement of claim in a criminal case significantly increases the chances of the claims being granted in full or in part. A criminal defence attorney will help gather the necessary evidence and calculate the amounts correctly.
Important time limits and nuances of filing
If the victim missed the opportunity to file in the criminal proceedings, he may apply to the court in civil proceedings within three years of discovering the violation of his right. However, in a criminal case the body of evidence has already been gathered by the investigator, which simplifies the process.
How the accused can protect himself against inflated civil claims
Defence against a civil claim in a criminal case is one of the most important areas of an attorney's work. The accused (civil defendant) has the right to submit objections, file motions for additional expert examinations and challenge the amount of harm.
Effective ways to reduce the amount:
- Challenging the causal link between the actions and the consequences that occurred;
- Presenting evidence that some of the costs are inflated or unrelated to the crime;
- Filing a motion for a forensic medical or automotive technical examination;
- Referring to the financial situation of the accused (when non-pecuniary damage is being recovered);
- Voluntary partial compensation for the damage before trial (significantly reduces the amount of non-pecuniary damage).
An attorney defending against a civil claim will help gather evidence, prepare written objections and argue competently in the closing arguments.
When the court reduces the amount of compensation
The judge takes into account the degree of fault, the defendant's financial situation, the nature of the victim's suffering and other circumstances. Claims are rarely granted in full. In Moscow practice, a reduction of 30–70 per cent of the amount claimed is common.
Why it is difficult to defend your financial interests without an attorney
Taking part in criminal proceedings with a civil claim on your own often leads to mistakes. Victims inflate amounts without sufficient evidence and are refused. Accused persons do not know how to challenge the claims properly and agree to unfavourable terms.
A professional criminal defence attorney in Moscow:
- Will help to calculate and justify the amount of harm correctly;
- Will gather the necessary documents and expert reports;
- Will prepare a strong position in the case;
- Will represent your interests in courts of all instances;
- Monitors compliance with procedural rights.
Attorney's services in civil claims in criminal cases
Yuriy Arutyunov provides a full range of services: from the initial consultation to representation on appeal and in cassation. He successfully defends clients both on grave charges and in cases of minor gravity.
Recovery of damage under specific articles of the Criminal Code of the Russian Federation
In road traffic accident cases (Article 264 of the Criminal Code of the Russian Federation), particular attention is paid to calculating the cost of restoration repairs and the loss of the car's market value. Where harm to health has been caused, detailed medical documents and expert opinions are important.
Under the articles on fraud, misappropriation and embezzlement (Articles 159 and 160 of the Criminal Code of the Russian Federation), the claim is aimed at the return of specific money or property. In cases of battery and harm to health (Articles 111, 112, 115 and 116 of the Criminal Code of the Russian Federation), the main emphasis is on compensation for non-pecuniary damage and treatment costs.
Examples of successful defence
In attorney Arutyunov's practice there have been cases where claimed non-pecuniary damage of 800 thousand roubles was reduced to 180 thousand. In other cases, victims succeeded in recovering the full value of damaged property thanks to a well-built position.
How to prepare properly for the court's consideration of a civil claim
Preparation includes gathering evidence, calculating the amount and preparing motions and replies. It is important to think through in advance the questions for witnesses and the expert. The attorney will help develop a single strategy for the criminal charge and the civil claim.
Voluntary compensation for part of the damage before trial or at its beginning often helps to achieve a more lenient sentence and a significant reduction in non-pecuniary damage. Courts view such actions favourably.
When you should contact an attorney urgently
If criminal proceedings have been initiated against you and the victim has already brought a civil claim, do not delay. The sooner an attorney becomes involved, the more opportunities there are to influence the situation. A specialist's help is also needed if you are the victim and want to recover the maximum for the harm caused.
Attorney Yuriy Arutyunov provides criminal defence services in Moscow at all stages: from the investigation to the execution of the sentence. Urgent legal assistance is available.
Advantages of working with an experienced attorney
In-depth knowledge of Moscow court practice and the ability to work with evidence and build a persuasive position make it possible to achieve the best results for clients.
Conclusion and practical recommendations
A civil claim in criminal proceedings is a powerful tool for restoring violated rights. For the victim, it is important to state and justify it properly. For the accused, it is important to defend himself effectively and prevent inflated payments.
Do not risk your money and your liberty. Seek professional help from an attorney who specialises in criminal cases and has a thorough understanding of civil claim issues.
Book a consultation with attorney Yuriy Arutyunov today. He will carefully examine your situation and propose the optimal strategy for protecting your interests in court.
Contacts for booking: contact us for legal assistance in Moscow in criminal, civil and family cases.