Compensation for moral damage in the commission of crimes
In this category of cases, the amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering inflicted on the victim, as well as the degree of guilt of the harm-doer in cases where guilt is the basis for compensation for harm.
The nature of physical and moral suffering is assessed by the court, taking into account the actual circumstances in which moral harm was caused, and the individual characteristics of the victim. According to the criminal procedure legislation, a victim is an individual who has suffered physical, property, or moral harm by a crime.
In the case of a victim's claim for monetary compensation for moral damage caused to him, the amount of compensation is determined by the court when considering a criminal case or in civil proceedings.
Physical suffering, as one of the types of moral harm, manifests itself in negative sensations: pain, dizziness, nausea, suffocation, etc., experienced by a citizen in connection with harm to health.
The Taraz city court partially satisfied the claims of Mikhina R.K. against the defendants K-kovu K.G., K-voy L.A., K-ovoy Z.A. for compensation of material and moral damage and counterclaims of X-voy Z.A. to Mr. R.K. for compensation of moral damage. Ms. R.K. motivated her claims by the fact that, according to the court verdict, the defendants were found guilty of causing property damage to the owners by abuse of trust in the absence of signs of theft, on a large scale, by a group of persons without prior agreement, for embezzlement, by fraud of funds. As a result of the illegal criminal actions of the defendants, she suffered material and moral damage. X-ova Z.A. motivated her claims by the fact that she was acquitted by a court verdict under Article 177 of the Criminal Code, but found guilty under Article 177, Part 1 of the Criminal Code on an episode of embezzlement of funds by fraud in the amount of 87,000 tenge from the victim Mikhina R.K. Based on the testimony of Ms. R.K., she was unlawfully brought to criminal responsibility for two episodes. Rejecting the parties to the claim regarding the claims for compensation for moral damage, the court reasonably concluded that moral damage caused by actions violating the property rights of a citizen is not subject to compensation. Rejecting the claim of H. Z.A., the court pointed out the absence of evidence confirming the guilt of M. R.K. in causing moral harm, with reference to the provisions of paragraph 2 of art. 951 of the Civil Code.
By the decision of the Zhitikarinsky District Court of Kostanay region dated January 22, 2015, upheld by the court of appeal, compensation for moral damage in the amount of 200,000 tenge was collected in favor of V.F. dean D.Zh. By the verdict of the court, the defendant was found guilty of committing a crime under art.104 Part 1 of the Criminal Code of the Republic of Kazakhstan, due to the fact that on the basis of hostile relations, intentionally, with the aim of causing moderate harm to health, knocked the plaintiff down and hit him on the back with a wooden chair, then struck him several times with a shod foot. in shoes, as a result of which the victim suffered bodily injuries related to moderate severity on the basis of danger. When determining compensation for moral damage, the court took into account both the victim's subjective assessment of the severity of the harm caused to him, and objective data indicating the degree of moral suffering of the victim, that after the injuries he suffered, he experienced feelings of pain, discomfort, anger, despair, the defendant's attitude to the incident, the lack of assistance, the plaintiff for almost 8 years. For months, he sought protection and restoration of his rights, and due to the failure to keep the checks, the plaintiff was denied a civil claim for recovery of material damage during the consideration of the criminal case., as well as the financial and marital status of the defendant.
The decision of the Saryarkinsky District Court of Astana, left unchanged by the court of appeal, satisfied the claims of B-in M.I. to L-ev V.A., K-hiv V.V., Dr. N.V., K-nu I.P. for compensation for moral damage.
By the verdict of the Astana city court, L-ev V.A. was found guilty of committing a crime under art. 96 Part 1, art. 96 Part 2, paragraphs "k, n" of the Criminal Code of the Republic of Kazakhstan, K-hiv V.V. and D-ko N.V. were found guilty of committing a crime under art. 363 of the Criminal Code of the Republic of Kazakhstan.
It followed from the circumstances of the criminal case that, during the quarrel that arose, Mr. V.A. inflicted several stabbing blows with a kitchen knife on Mrs. R.M., causing serious harm to her health, as a result of which the latter died. Then Mr. V.A. stabbed Ms. G.A., who had witnessed the murder, causing serious injury to her health, resulting in her death. Klimovich V.V. helped Lezhnev carry the corpses of Mrs. R.M. and Mrs. G.A. out of the apartment, as well as with Dr. N.V. they wiped away traces of blood and cleaned up the apartment, thereby they took an active part in hiding traces of the crime committed. It follows from the materials of the criminal case that Mr. I.P. was not brought to criminal responsibility due to not reaching the age of criminal responsibility, but he committed actions aimed at hiding traces of the crime with the materials of the criminal case installed.
In determining the amount of compensation for moral damage, the court proceeded from the provision of Part 2 of Article 952 of the Civil Code, took into account that the plaintiff had lost his only daughter, who at that time was the mother of a child under one year old, that he and his family were experiencing severe moral suffering: anger, depression, despair, and I proceeded from the principles of justice and sufficiency. The court, taking into account the degree of participation of each defendant in the commission of the crime, collected compensation in the amount of 1,500,000 tenge from L-va V.A., who directly committed the murder of the victims, and 500,000 tenge each from K-hiv V.V., Dr. N.V. and K-na I.P.
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