Sample civil claim
STATEMENT OF CLAIMThe materials of the preliminary investigation established that Petrov Petrovich, through his criminal actions, caused Ivan Ivanovich Ivanov a blunt facial injury in the form of a fracture of the angle of the lower jaw on the right, bruising of the soft tissues of the face. The injury, in the scope of the documents presented, resulted in a long-term health disorder, which is a qualifying feature that allows it to be classified as a moderate injury to health.
Thus, Petrov Petrovich committed the crime provided for in paragraph “e” of Part 2 of Art. 112 of the Criminal Code of the Russian Federation - intentional infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Art. 111 of the Criminal Code of the Russian Federation, but caused a long-term health disorder, committed out of hooligan motives.
These events served as the basis for initiating a criminal case on the grounds of a crime, which is provided for in clause “e”, part 2 of Art. 112, part 1 art. 119 of the Criminal Code of the Russian Federation.
In this criminal case, I, Ivan Ivanovich Ivanov, was recognized as a victim.
Using my procedural rights as a victim, in accordance with Article 42 and Article 44 of the Criminal Procedure Code of the Russian Federation, I submit demands to the defendant for compensation for moral damage caused to me in the amount of one hundred and fifty thousand rubles on the following grounds.
From the meaning of Articles 151, 1099 of the Civil Code of the Russian Federation it follows that moral harm is understood as physical or moral suffering that was caused by actions that encroach on the intangible benefits that belong to each person from birth (health, life).
The moral damage caused to me consists of the physical suffering I suffered associated with moderate harm to my health.
The moral harm caused to me also lies in the moral suffering I endured.
I currently require long-term outpatient treatment. I need time and money to restore full health.
I believe that the defendant is guilty of causing moderate harm to my health and should receive a well-deserved punishment according to the court’s verdict.
Guided by Article 42 and Article 44 of the Criminal Procedure Code of the Russian Federation and Articles 1099-1101 of the Civil Code of the Russian Federation,
Ask:
To recover from the defendant in my favor moral damages for the moral and physical suffering caused to me, in the amount of ... rubles.
How to draw up a claim for compensation for damages from a crime
It is not at all difficult to prepare a claim for compensation for damages from a crime on your own. The amount of damage, circumstances of causing harm (material) and other information important for resolving the case are already contained in the verdict or in the materials of the criminal case. According to Article 61 of the Civil Procedure Code, a court verdict that has entered into force is binding on the court hearing the civil case. Of course, the cases must be connected.
The plaintiff makes an assessment of moral damage based on the object of the encroachment: life, health, property rights, etc.
When drawing up a statement of claim, be sure to indicate:
- what was the damage (losses)
- illegality of the defendant’s behavior (court verdict)
- guilt of the defendant (again established by the verdict)
- a cause-and-effect relationship between the actions of the criminal and the resulting damage.
Thus, to file a claim, a court verdict and evidence of the amount of damage caused are required. The plaintiff may consider ordering an examination in a civil case (assessing the damage), submit receipts, conclusions, etc.
Filing a claim in court
A claim is filed only if the person who committed the crime is identified. There is no point in filing a claim for compensation for damages from a crime before a court verdict is passed. The fact that a crime has been committed, as well as the person who committed it, is confirmed by the only evidence. Court sentence. If a person is exempt from criminal liability on so-called “non-rehabilitative” grounds (for more details, see the Code of Criminal Procedure), a claim can be filed. The guilt of the defendant is also established by the court in the verdict.
The documents, together with a notice of direction or service of materials to the defendant (or defendants, when the crime was committed by a group of persons in complicity), are submitted to the district court. And at the defendant’s place of residence. The presence of the Defendant in prison does not affect the possibility of the case being considered by the court. The plaintiff is exempt from paying state duty in accordance with the Tax Code of the Russian Federation.
The court will consider a claim for compensation for damages from a crime according to general rules at a court hearing.
What should you write in your application?
Before filing a claim for compensation for material damage, you must do the following:
- collect information about the defendant (his address and full name);
- prepare and document in paper form all information that will serve as evidence in the case;
- talk with witnesses to the crime, finding out whether they are ready to testify during the consideration of the claim in court. If witnesses do not wish to go to court in person, their testimony should be properly documented in writing;
- consult a lawyer. The specialist will give the necessary advice and recommendations on the case.
Note!
A claim for damages will take the same form regardless of whether it is being brought in a criminal or civil proceeding.
When preparing a claim, it is necessary to act in accordance with the norms of the Civil Code of the Russian Federation and Art. Art. 131 and 132 of the Code of Civil Procedure of the Russian Federation. The plaintiff in the case will be the owner of the property who suffered the damage. At the same time, he may be in a contractual relationship with the defendant (for example, rental, related to transfer for storage, etc.).
If for some reason the owner could not dispose of the property against which a crime was committed, he must first file a claim to recover it from the illegal possession of third parties.
The application must describe in detail and clearly the following points:
- what kind of property was damaged;
- what actions the defendant took to achieve this;
- what exactly is the damage (damage or loss of property);
- what is the cause-and-effect relationship between the harm caused and the actions (or inaction) of the defendant;
- It is advisable to indicate how the intruder gained access to your property.
The application must indicate the amount of damage caused in monetary terms (this also includes the funds necessary to pay the services of a specialist for repairing the damaged item) and the calculation of this amount.
Note!
If you cannot independently determine the amount of damage received (the cost of the claim), you can use the services of an independent appraiser or file a petition to appoint a forensic examination (then the calculation will be made based on average market prices).
The following can be cited as evidence in the case:
- testimony of witnesses (both about the circumstances of the harm and its relative size);
- acts of examination, decisions, resolutions, conclusions of public authorities (on holding the defendant administratively liable or on refusing to initiate a case);
- documents confirming the plaintiff’s right of ownership of damaged or lost property;
- if the plaintiff and defendant were in a contractual relationship - a copy of the relevant agreement;
- other written justification for the applicant’s claims.
The statement of claim is signed by the plaintiff or his legal representative in the presence of a duly executed power of attorney.
What you need to know to compensate for damage from property theft
How to prove theft of property? So, the first thing that needs to be established is the circumstances under which the theft occurred. It could have taken place during penetration into a house or other premises.
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In addition, an employee of the enterprise could commit theft while performing his duties.
The next step is to determine the value of the stolen property. If the company's inventory was stolen, then the balance sheet data that is indicated in the certificate of property theft is taken as a basis; a sample can be downloaded below.
Sample certificate of theft of property
When an ordinary person becomes a victim of theft, the value of the stolen property can be determined in several ways.
The first of these is to establish the relevant data using receipts and other documents that have been preserved on the item.
If this cannot be done, then the market value of the stolen property should be taken as a basis. To do this, you can request the relevant information from the appraiser.
Note! In relation to the issue of determining the price of stolen property, the Plenum of the Supreme Court of the Russian Federation indicated that in this case one should proceed from the actual value of the property at the time the crime was committed. In the absence of information about the price, the value of the stolen property can be established on the basis of expert opinions (clause 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery”).
After the amount of losses is determined, a certificate of material damage due to theft is submitted to the police. It is necessary in order to qualify the actions of the accused under the relevant part of Art. 158 of the Criminal Code of the Russian Federation.
Currently, the legislation does not define requirements for appearance. Therefore, it is submitted to the head of the police department, listing the stolen items and their value.
At the end, the total cost of the stolen item is displayed. The compiled certificate is attached to the materials of the criminal case.
Amount of damage in case of theft and theft of property
The type and extent of responsibility of the guilty person is directly affected by the value of the stolen property.
For example, the minimum damage in case of theft that triggers criminal liability is 1,000 rubles. If something less valuable was stolen, the person may be limited to administrative punishment.
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Significant damage during theft will occur when valuables worth more than 2,500 rubles are stolen. Plus, the general financial situation of the victim will also be taken into account.
Large damage starts from two hundred and fifty thousand rubles, and especially large damage starts from one million.
Sample statement of claim for theft of money or property
In order for the court to take your statement of claim into account, you must prepare it competently, clearly and concisely state the circumstances of the case and your requirements. A correctly drafted claim will greatly facilitate the court’s decision-making procedure.
A statement of claim for compensation for damage caused by a crime must have the following structure:
- the header states:
- the name of the court in which the claim is filed;
- information about the parties to the process (full name, address, contact details of the plaintiff and defendant);
- information about the incident itself, as a result of which the applicant suffered harm;
- a list of property, its price or repair cost;
- legislative confirmation of the plaintiff’s claims (Article 1064 of the Civil Code);
- claim for damages;
- list of applications;
- signature and date.
As a rule, drawing up and filing such claims does not cause any particular difficulties, because the sample can be downloaded on the Internet. The most difficult thing is to collect the evidence base, that is, to confirm the ownership and price of lost or damaged property.
Along with the statement of claim, the following documents are submitted to the judicial authority:
- copies of the claim - according to the number of participants in the process;
- representative's power of attorney - if your interests are represented by a third party, including a lawyer;
- documents on the merits of the case (expertise reports, title documents for property, etc.).
If you are the first to file such a claim, it is better to seek the help of a professional lawyer who will help you correctly formulate the requirements and collect the package of necessary papers.
Moral damage in case of theft or theft of property
Along with direct property losses caused by the crime, the victim has the right to make moral claims.
Compensation for moral damage in case of theft occurs when the victim is an individual. In this case, the person himself determines the monetary equivalent in which he is ready to evaluate his own moral suffering.
In order for compensation for moral damages in case of theft of property to have real prospects, the claim must contain the type and degree of mental suffering caused. It would not be amiss to provide documentary evidence.
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For example, as a result of theft, a person received a psychological disorder. Then a medical report and a copy of prescriptions (receipts) for the purchase of sedatives and other drugs will come in handy.
The injured party has the right to file a claim for moral damage together with a demand to recover material damage from the culprit. For each amount, the court makes its decision separately, along with the imposition of punishment for the crime committed.
