Civil claim for compensation of moral damage and losses caused by a crime in the framework of a criminal case
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To the District Court No. 2 of the Zhetysu district of Almaty
Plaintiff: B.A.A.
IIN .......................
Place of residence: g......... ............. district,....................., St. ..........., D. ………
Representatives by proxy:
Law and Law Law Firm
BIN 201240021767
Lawyer Sarzhanov Galymzhan Turlybekovich
79 Abylai Khan Ave., office 304, Almaty
Lawyer Nigmetov Sabit Davletovich
79 Abylai Khan ave., office 313, Almaty
Defendant: K.D.D.
IIN ...................
place of residence: g............., mkr.........., d...., sq.......
Claim price: 16,232,000 tenge
A claim for compensation for moral damage and losses caused by a crime
On September 2, 2022, the defendant D.D. Kurmanbaev, being at the address: 55a Bokeikhanov St., Almaty, on the territory of the plant owned by ADSK LLP, deliberately stabbed B.A.A. three times – in the chest area on the left, in the abdomen and in the right thigh.
As a result, B.A.A., according to the conclusion of the forensic medical examination No. 25-12/2450 dated 06.10.2022, suffered the following injuries:
- penetrating stab wound to the chest on the left;
- penetrating stab wound of the abdominal wall with damage to the large omentum, hemoperitoneum;
- stab wound to the right thigh.
As a result of the bodily injuries caused by Kurmanbaev D.D., Baimeshev A.A. felt fear for his life, since in the event of death his family, his spouse and 5 children, could lose their only breadwinner, physical pain and moral suffering.
Baimeshev AA was treated for 3 months, the family suffered deep fear and anxiety. For 3 months, Baimeshev A.A. experienced physical discomfort, as he could not move normally, was limited in movement, and could not do household chores.
Also, after undergoing surgical surgery, which was performed by medical workers to save the life of A.A. Baymeshev, the latter had a large scar on his stomach after surgery.
This scar causes moral suffering to A.A. Baymeshev, as he currently cannot take off his clothes from his upper body in public places intended for recreation (baths, beaches), as the scar has disfigured the front of his abdomen. People around you begin to show increased attention to the scar, which causes discomfort and unwillingness to appear in public places.
According to Part 1 of Article 951 of the Civil Code of the Republic of Kazakhstan, "Moral harm is a violation, diminution or deprivation of personal non-property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort, etc.), experienced (endured, experienced) by the victim as a result of the offense committed against him."
According to paragraph 3 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 7 dated 11/27/2015 "On the application by courts of legislation on compensation for moral damage", "Personal non-property benefits and rights, the violation, deprivation or diminution of which may result in moral harm to the victim, should be understood as benefits or rights granted by law belonging to a citizen from birth, which they are inextricably linked with his personality. The benefits that belong to a person from birth include life, health, honor, dignity, freedom, and personal integrity... Moral suffering (emotional and volitional experiences of a person) should be understood as feelings of humiliation, irritation, depression, anger, shame, despair, inferiority, discomfort, etc. These feelings may be caused, for example, by unlawful encroachment on the life and health of both the victim himself and his close relatives, spouse; ... causing harm to health, including disfiguring open parts of the human body with scars and scars...
Physical suffering should be understood as the physical pain experienced by a citizen in connection with the commission of violence or harm to health."
Thus, A.A. Baymeshev suffered moral harm.
According to Part 2 of Article 951 of the Civil Code of the Republic of Kazakhstan, "Moral damage is compensated by the causer in the presence of the causer's fault."
The guilt of K.D.D. in causing moral harm is proved by the materials of the criminal case, and D.D. Kurmanbaev does not deny that he had a knife in his hand and could have inflicted the bodily injuries described above.
The amount sufficient to compensate B.A.A. for moral damage is 10,000,000 tenge. The amount of compensation for moral damage is subject to compensation by Kurmanbaev D.D.
Also, currently, Baimeshev A.A. needs funds for the treatment of scars, which, according to the certificate of Laser Beauty LLP dated 02/21/2023, amounts to KZT 6,232,000. According to Part 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, "A person whose right has been violated may demand full compensation for damages caused to him, unless otherwise provided by legislative acts or a contract.
Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits)."
Thus, K.D.D. caused B.A.A. losses in the amount of KZT 6,232,000 by his criminal actions. The specified amount is subject to refund to the Doctor.
According to part 1 of art . 166 of the Criminal Procedure Code of the Republic of Kazakhstan - "In criminal proceedings, civil claims of individuals and legal entities are considered for compensation for property and moral damage caused directly by a criminal offense or a socially dangerous act of an insane person, as well as for reimbursement of expenses for burial, treatment of the victim, amounts paid to him as insurance compensation, benefits or pensions, as well as expenses incurred in connection with participation in the inquiry, preliminary investigation and in court, including representation costs."
B/AA applied for legal assistance from the Law and Law Law Firm to represent his interests. The cost of legal aid according to the Agreement No. 1902/23 dated 02/19/2023 amounted to 1,000,000 tenge. The costs of representation are reimbursable to the Candidate of Legal Sciences.
According to Part 1 of Article 9 of the Civil Code of the Republic of Kazakhstan, the protection of civil rights is carried out by the court through: recovery of damages, penalties; compensation for moral damage.
Based on the above, I ask the court:
- to collect compensation for moral damage in the amount of ten million tenge from K.D. D. in favor of B.A.A.;
- to recover losses from K.D.D. in favor of B.A.A. in the amount of six million two hundred and thirty-two thousand tenge;
- to collect from K.D. D. in favor of B.A.A. the costs of representation in the amount of one million tenge.
Appendix: 4 photos, a letter from Laser Beauty LLP, a copy of the Service Agreement dated 02/19/2023, a copy of the payment receipt, a copy of the power of attorney.
02/28/2023 B.A.A.
Representative
Lawyer Sarzhanov G.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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