Reconciliation in case of fatal accidents: pros and cons. News. First channel

When does it make sense to reconcile with the victim?

Reconciliation of the parties is a non-exonerating basis for terminating a criminal case, that is, the driver will be considered guilty of committing a crime.

This information remains forever in the forensic records of law enforcement agencies' information databases.

Such information is formally considered confidential, but in practice it is available to the security services of banks and future employers.

It follows from this that you should reconcile when your guilt in an accident is absolutely obvious, and it is impossible to prove your innocence.

It is also necessary to take into account the adequacy of the victims’ demands, which have recently tended to increase. If, during competent negotiations, the amount of compensation for harm was reduced to an acceptable amount, then you should go for reconciliation in order to receive positive preferences for yourself, indicated below. If you are not guilty of an accident or the demands of the victims are inadequate, then you should apply the methods of defense described in the article Criminal cases in road accidents.

In what cases is it impossible

To terminate the criminal prosecution in connection with the achieved reconciliation and payment of monetary compensation is possible subject to the above conditions.

However, there are a number of exceptions in which it is impossible to conclude a truce. These include situations when:

This is not the first time that car accidents caused by a driver found guilty in the case in question have happened. Moreover, in previous incidents people also suffered and/or died;
at the time of the road accident the culprit was intoxicated (alcohol, drugs or any other type). This aspect falls into the category of aggravating circumstances taken into account by law enforcement and judicial authorities;
More than 1 person was killed in a motor vehicle or pedestrian accident;
It is impossible to reach a settlement agreement with the injured party.

In any case, the decision on the entry into force of the truce will be made by the competent authorities in each individual case individually.

That is, even if an agreement was reached with the victim, this does not yet mean that the criminal case has been terminated.

Reconciliation of the parties is one of the ways to legally avoid criminal liability.

However, for such a procedure to be possible, certain conditions must be met, the absence of aggravating circumstances and, most importantly, the achievement of a settlement agreement with the injured party.

The Russian legislature is considering a law to abolish reconciliation in case of fatal road accidents. But whether such a law will be adopted is still unknown.

How payment under compulsory motor liability insurance is prescribed in the law in case of mutual fault in an accident is described in the article: payment under compulsory motor liability insurance in case of mutual fault in an accident. Find out what you need to check a car for an accident using its license plate number on the page.

The statute of limitations for car theft is described here.

What are the benefits of terminating a criminal case in connection with reconciliation with the victim?

Reconciliation presupposes the absence of criminal liability for the crime committed. The accused will not be punished for the act committed. Accordingly, the court will not assign him either imprisonment or a suspended sentence. A significant advantage of reconciliation is the preservation of the right to drive a vehicle (if convicted, the driver is deprived of this right for up to three years). Moreover, the issue of compensation for harm caused to the victim in an accident is being resolved, since reconciliation involves making amends to the victim.

What else can a fatality lawyer help with?

Fatal accidents have many legal implications. In this case, a criminal case is opened, as a result of which the culprit may be convicted.

Important! In a fatal accident, the driver at fault will be deprived of his driver's license for up to three years.

It is advisable to cooperate with a lawyer from the very beginning of the events, or even better to immediately call a lawyer to the scene of the incident. A driver, being in a state of shock, cannot always quickly pull himself together and take the necessary measures; it is for this reason that many participants in an accident sign documents that should not have been signed.

Another very important task that is assigned to the lawyer is establishing contact with the victims (relatives of the deceased). If the latter have no claims against the culprit and agree to pay financial compensation, then the case will be closed. The main task of the lawyer will be to convey to people that they should not allow the case to proceed further. With the consent of the relatives, it is necessary to draw up a document in which both parties undertake to fulfill certain obligations (the culprit - to pay compensation, and the victim - not to sue).

A car lawyer helps not only those at fault, but also the victims. In this case, when a lawyer defends the interests of the plaintiff, then he must prove the defendant’s guilt and demand the maximum amount of moral damage from the loss of a breadwinner and material compensation for losses. In addition, if the court takes the plaintiff’s side, then the auto lawyer must monitor the fulfillment of the defendant’s obligations. The losing party must promptly pay compensation to the defendant, otherwise bailiffs will be involved in the case and the debt will be forcibly collected.

The assistance of a lawyer may also be useful in cases of unlawful actions by law enforcement officers. You can write a complaint against employees of the Ministry of Internal Affairs, the prosecutor and other corrupt employees only based on the legislative framework and personal experience in resolving such issues. Otherwise, the matter will turn out to be an unpleasant outcome for you.

Under what conditions is a road accident case terminated upon reconciliation of the parties?

Reconciliation of the parties is possible if the following conditions are met: firstly, the crime was committed for the first time, secondly, the crime committed is of minor or moderate gravity (note that all parts of Article 264 of the Criminal Code of the Russian Federation fall under this condition), thirdly, the accused has reconciled with the victim and made amends, in other words, compensated for the moral and material damage caused.

A necessary condition for reconciliation is the victim filing a petition for reconciliation and personal presence at the court hearing. Personal presence is required to confirm the fact of reconciliation, its voluntariness, and compensation for harm.

Reconciliation of parties in an accident - serious harm to health

Reconciliation of the parties in an accident is the best option for avoiding liability. The culprit accepts the blame for what he has done, but does not receive any sanction orders regarding compensation for damage. Reconciliation implies in the documentation the presence of an admission of guilt by the accused party. This data will be visible to the employer, the bank from which the citizen decides to take out a loan, as well as in various other cases, despite the fact that such information is considered private.

Reconciliation is possible only if such a crime was committed for the first time, if the victim agrees to reconciliation, if the accused has made amends to those who suffered in the accident. This can be done by offering to pay for treatment and compensate for moral damages in an amount greater than what the state offers.

How it's done?

Reconciliation of the parties is carried out, as a rule, on the initiative of the defense attorney. Reconciliation is preceded by negotiations between the defense attorney and the victim or his representative (lawyer or relatives) and agreement on the amount of payment. This stage of work is the most important, since the amount of payment to the victim ultimately depends on the skills and abilities of the defender. In the interests of the accused, the amount should be minimal, but, in general, when calculating, it is necessary to focus on the approximate cost of treatment and the amount of moral compensation. It should be noted that recently the amount of compensation for moral damage determined in civil or criminal proceedings (when considering a civil claim) has tended to increase significantly. The task of the defense attorney at this stage is that he must explain that it is better to get less, but immediately, than to have a long trial, first in a criminal trial and then in a civil trial.

When a certain agreement has been reached between the parties, one should proceed to the stage of its formalization. Registration options depend on the method of payment of the amount of money. Thus, with a one-time payment, registration of receipt of funds is possible by drawing up a receipt. If the amount is significant and it is not possible to pay it immediately, then the parties can agree on phased payment of the agreed amount. In this case, the parties enter into an agreement in which they indicate the stages of payment.

As noted above, reconciliation is carried out at the request of the victim. The petition can be filed at the investigation stage of the case (which is desirable). In this case, at the end of the case, you can apply for a preliminary hearing.

If for some reason a petition was not filed during the investigation, then it can be submitted directly at the court hearing. Since the satisfaction of the petition significantly affects the rights of the victim, the latter must appear in person at the court hearing and explain to the court about his voluntary intentions to reconcile, the absence of pressure from the accused, the fact of confirmation of payments and actual reparation. If a pedestrian died as a result of an accident, charges are carried out under Art. 264 part 3 of the Criminal Code of the Russian Federation, the victim is present at the court hearing - a relative of the deceased, who is recognized as such by a resolution of the investigator or a court ruling. Please note that personal presence is the most important factor determining the success of this process.

Having found out that the reconciliation is voluntary, the court dismisses the case due to the reconciliation of the parties.

How the parties are reconciled

Reconciliation of the parties occurs according to the following scheme:

the culprit of the accident turns to the victim in the criminal case (or all victims) with a request to conclude a reconciliation agreement;
a person officially recognized as a victim makes a decision on reconciliation or refusal;

It should be remembered that in case of reconciliation, the culprit will be released from liability, which is not always acceptable for the victim.

If an oral agreement is reached, then a written agreement is concluded between the culprit and the victim. The document must contain: information about the car accident and the consequences of the accident, as well as all the main aspects of the agreement reached, including the amount of compensation;
The victim is given the amount of money indicated in the document.

If money is transferred to a person's account, a receipt of payment must be provided. If money is transferred in cash, then the victim must obtain a receipt for the specified amount. These documents are necessary for the agreement to enter into legal force.

all documents are transferred to the investigative authorities to terminate the case.

Investigative authorities, as a rule, do not take responsibility for ending a criminal case. Most often, such issues are resolved during the trial.

Even if reconciliation is refused at the preliminary investigation stage, the document can be attached to the case again, but in court.

What to do if it is not possible to pay the victim the entire amount they require?

If it is not possible to pay the entire amount to the victim, it is possible to pay the amount in installments. The main task in such a situation is to reach an agreement with the victim on reconciliation with subsequent payment. Otherwise, the victim may refuse reconciliation. When making payments in stages, the parties sign an agreement. The agreement, like any other agreement, is drawn up in writing (simple or, at the request of the parties, notarial). The agreement contains the passport details of the parties, information about the place of residence and other contact information. The agreement specifies the total amounts of material and moral damage, terms and amounts of payments. As noted above, deadlines are set by agreement of the parties and may be later than the court date. An indication of the fact of reconciliation and other conditions that the parties consider important are required.

Violation of the terms of the settlement agreement

Often, after an accident, the victim and the culprit resolve the issue of compensation for damage privately, among themselves, without trial.
But this agreement must be properly formalized by drawing up a damage settlement agreement. Otherwise, either the injured party may not receive anything, or the culprit will have to pay twice. Therefore, now I will tell you what a settlement agreement is in case of an accident before trial, and how to draw it up correctly. Go!

Sometimes it happens that full compensation for damage caused in an accident cannot be obtained through insurance. The insurance company will not pay if:

the vehicle that caused the damage was not insured;
the amount of damage is greater than the maximum payment for “automobile insurance”;
compensation for damage not covered by compulsory motor insurance; the most common example is moral damage;
when the damage is caused as a result of a non-insurable event within the framework of compulsory motor liability insurance.

This document is also used when the parties involved in the accident want to resolve the issue of compensation without contacting the insurance company, for example, to maintain a discount for driving without accidents.

A settlement agreement before trial is especially useful if the culprit is liable for an accident with victims. In this case, such an agreement will indicate the effort of the damage-cauter to make amends for his guilt, which is taken into account in court.

Strictly speaking, a settlement is an agreement that is concluded between the parties to the trial before a decision is made in the case.

In this case, the judge must approve it with his ruling, that is, it depends on him whether the case of reconciliation of the participants will be terminated or not.

Therefore, to the question “Is it possible to sign a peace agreement before the trial?” the correct answer is: no.

And before the trial, a damage settlement agreement is drawn up, but often people also call it a settlement agreement. But the strength of these documents varies.

If a settlement approved by the court is equated to a court decision, that is, although it can be appealed, it is no longer possible to go to court on the issue considered a second time, then after an agreement before the trial, the victim’s rights to demand compensation remain. But, of course, when considering the case, the judge will take into account the fact of actual compensation for damage.

Agreement before trial

So, in essence, when compensating for damages in an accident, a pre-trial agreement is an agreement between the culprit and the victim to settle losses.

Article on the topic: Everything about compensation for material damage received in an accident: step-by-step instructions, analysis of non-standard situations, sample documents

Note. An agreement alone is not enough to confirm the reparation of damage; it indicates an agreement between the parties to resolve the conflict. Therefore, in addition to it, a receipt must be drawn up when receiving money in an accident and a receipt for no claims. Sometimes they are combined in a damages receipt.

From a legal point of view, those responsible for an accident are obliged to fully compensate for the damage suffered by the victim.

Another matter is how the rights and obligations of the parties will be implemented - through the court or voluntarily.

A settlement agreement for damages in case of an accident is considered one of the most civilized ways to solve this problem. Below we will describe in detail the basic rules for drawing up and signing a document.

The essence of voluntary compensation

What is the difference between a receipt and a contract?

When is the document drawn up?
Decor

Who composes? paper What will you have to pay for?

What to do if the terms of the settlement are not met?
Termination of the transaction

7 Moscow St. Petersburg

The issue of damage in an accident is resolved by the insurance company. However, quite often the due amount of insurance does not cover all the costs of the victim and litigation begins to reimburse all costs. In the end, such claims are satisfied, but at the same time precious time, nerves and money are wasted on various procedures.

How to solve the problem without unnecessary hassle? If the culprit of the accident is fully aware of his guilt, then voluntary compensation for full damage will save him from unnecessary additional costs. This approach is implemented in different ways:

payment directly at the scene of the accident without registration;
oral agreement with the participation of witnesses;
a receipt for a certain amount satisfying both parties;
and a settlement agreement (agreement) on compensation for damage.

A receipt is a written commitment from a person to pay a certain amount of money within a certain time frame. If such an obligation is not fulfilled, problems with the evidence base begin, which complicates the trial.

A settlement agreement in case of an accident is an agreement in which both parties record the fact of the incident, the culprit and his responsibility, which is confirmed by the signatures of both the culprit and the victim. With these signatures, it becomes a valid legal document binding the agreed upon damages.

Attention! After signing the settlement agreement, the person responsible for the accident becomes a confirmed participant in the offense. If he fails to fulfill his obligations, he bears full responsibility, including confiscation of property. The agreement can be drawn up with or without the participation of a notary, and in both cases the document has equal legal force.

A settlement agreement is drawn up after an accident, where the culprit of the accident undoubtedly admits his guilt. So he resorts to a conflict-free solution to the issue of compensation for damage to the injured party.

Most often, the need for it arises when the circumstances of an accident do not fall under the insured event, i.e. the culprit violated not only the traffic rules, but also the terms of the insurance contract.

For example, the insurer does not make payments in the event of an accident that occurs as a result of transporting cargo, and it unexpectedly falls out of the back of the truck and onto another vehicle. There is a fact of damage caused and a clear culprit, but there is no insured event.

The agreement can be drawn up directly at the scene of the incident (preferably in front of witnesses), in a notary office or in the organization of the owner of the vehicle.

The document is drawn up immediately after an accident (with or without drawing up a protocol by a traffic police officer), after examinations and damage assessment, or at any stage of the proceedings, but before filing a lawsuit. The judge can also suggest this method of resolving the conflict before the start of the trial.

For the guilty party, the best option is to resolve the issue directly at the scene of the accident, when the amount is determined independently and does not include the costs of examinations and the involvement of specialists.

We invite you to familiarize yourself with: Documents for improving living conditions

Decor

The legislation, namely Article 140 of the Arbitration Procedure Code of the Russian Federation, establishes a specific form of settlement agreement on compensation for damage in case of an accident. The agreement is drawn up in writing in a form convenient for the parties, and its signing is a purely voluntary matter. It is important that it contains:

basic facts;
the agreed amount of damage;
and payment terms.

The presence of witnesses and their signatures on the document greatly simplifies the consideration of the issue in the event of the subsequent refusal of the culprit to fulfill its obligations.

A voluntary settlement agreement on compensation for damage is signed by the direct participants in the accident, i.e. persons who were driving at the time of the accident. Quite often, driving a car is done by proxy. In this case, the owners of the vehicle can become signatories to the agreement, both on the part of the culprit and on the part of the victim.

If a company or public vehicle becomes involved in an accident, the organizations that own the vehicle may be liable for damage compensation. Similarly, material claims may arise from the injured organization.

In reality, more complex circumstances may arise when an accident occurs in the presence of indirect culprits. Most often, these include housing and communal services and road services, electrical installation organizations. A settlement agreement can also be concluded with such companies.

paper

It is recommended to adhere to proven principles of document drafting:

The introductory part (“header”) of the contract must include the following information: the date and place of signing the accident, the name of the document, information about the participants in the incident and witnesses. The voluntary nature of the agreement must be noted.
In the first paragraph, it is necessary to state briefly, but highlighting the main data, information about the accident, the essence of the traffic violation and the guilt of one of the parties. It is necessary to highlight the admission of guilt. This subsection provides comprehensive data on vehicles (category, make, state number) and the damage received.
The second paragraph sets out the agreed amount of compensation for damage, the timing and method of payment. Payments can be made in cash or by bank transfer, one-time or in parts (in installments). Compensation for damage can be made in cash, property, or through repairs at the expense of the culprit.
The third paragraph records the agreement of the culprit of the accident with the established amount and deadlines. The possibility of actions by the victim in case of non-fulfillment of the agreement is established, incl. possibility of litigation. A document is indicated that must record the fact of execution of the agreement - a receipt from the victim, a payment order with a bank mark, a check, receipt, receipt order or other financial document confirming the payment of a sum of money.
Special conditions. This subsection sets out specific circumstances. In particular, information may be provided about the individual or legal entity that will actually fulfill the obligations assumed. This condition is especially relevant if the agreement was signed by an authorized representative of the person responsible for the accident or the owner of the vehicle.
The text of the agreement is completed with information about the number of signed copies and their location, signatures and the date of signing.

The legal amount of damage caused by an accident may include the following payments:

Direct damage:
costs of towing or tow truck services;
costs for processing documents for an accident, incl. examination;
the cost of damaged equipment located inside the car (electronics, valuables in the trunk, etc.);
other costs as agreed by the parties.
Indirect damage:
forced material losses (fines for being late, forced absenteeism, missing a plane or train, etc.);
lost benefits (for example, when using a car for paid transportation under a relevant contract, disruption of a commercial contract as a result of being late, etc.);
moral costs.

29.07.2018 /
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What are the benefits of reconciliation?

The main advantage of reconciliation is that the criminal case will be dismissed and, therefore, the accused will not change his procedural status to a convicted person. During reconciliation, the court does not impose any punishment, including a suspended sentence, and there will be no criminal record. An additional punishment - deprivation of rights - is also not imposed (after 10 days, if neither party or the prosecutor has filed complaints, the driver takes the driver's license from the court secretary). Moreover, determining the amount of payment to the victim will protect the defendant from the possibility of the victim filing a civil claim for damages. If reconciliation has not been achieved, then in a civil suit, we will be talking about more significant amounts. Thus, according to the Civil Code of the Russian Federation, expenses for treatment (if it could not be provided within the framework of compulsory medical insurance), lost earnings, moral damage (the amount of which is significant), and costs for lawyers are subject to compensation.

When is an agreement drawn up?

An agreement on voluntary compensation for damage is drawn up by:

immediately after an accident;
after some time, by mutual agreement (if it is clear that the amount of the insurance payment exceeds the maximum stipulated amount - 400,000 rubles for a vehicle);
upon presentation of a pre-trial claim;
if legal proceedings have been initiated.

In the first three cases, a settlement agreement allows all issues to be resolved without the participation of a magistrate.

The fourth situation arises, as a rule, if the parties did not agree in pre-trial proceedings or the culprit ignored the claims of the victim.

An agreement between the parties in pre-trial proceedings is beneficial to both parties, since the judicial process is troublesome and drags on for a long time.

In addition, the victim can receive compensation for damages without paperwork and legal costs, and the culprit will avoid reimbursement of legal costs. In pre-trial order, you can agree on some installment payments due.

How do other participants in an accident who are not recognized as victims influence reconciliation?

Recognition as a victim is carried out by the relevant decision of the investigator. As part of a criminal case on charges of committing a crime under Art. 264 of the Criminal Code of the Russian Federation, a victim is recognized as a person who has suffered serious harm to health as a result of an accident, or, in the event of the death of a pedestrian, relatives are recognized as victims. Other participants in an accident in a criminal case, who did not suffer serious harm to health, or whose vehicle was damaged, are witnesses and therefore cannot influence the reconciliation. The accused does not reconcile with these persons, their opinion is not taken into account. Such persons are not called to preliminary hearings. If other persons involved in the accident are not recognized as victims, then they have the right to file a civil claim in a separate process, but this process is complex and lengthy, and less fundamental than criminal liability.

What are the benefits of reconciliation?

If the culprit of an accident is released from liability due to the reconciliation of the parties, then he actually will not have to bear punishment, i.e. the punishment is cancelled .

For example, for causing grievous bodily harm in an accident, a driver can receive up to 2 years in prison and deprivation of his license for up to 3 years. That is, in total he will not be able to drive a car for 5 years.

However, if in this case it is possible to obtain release from liability due to reconciliation, then the driver will not serve imprisonment and there will be no deprivation of rights.

Can there be problems with insurance payments during reconciliation?

Every road user is required to be insured. Based on this, the victim can contact the insurance company with a claim for compensation for the harm caused. When initiating a criminal case under Art. 264 of the Criminal Code of the Russian Federation, in order to receive payment, the victim must provide the insurance company with a court verdict or a resolution to terminate the criminal case, which clearly identifies the person responsible for the accident. When a criminal case is terminated, the court issues a ruling stating that the material damage is fully compensated by the culprit. When the victim contacts the insurance company, he will most likely be denied payment, since all the damage has already been compensated. Therefore, if the victim intends to appeal to the insurance company, the following should be indicated at the court hearing: firstly, the driver has compensated for moral damages, secondly, the damage caused by the crime has been completely made up for, thirdly, the victim intends to apply for compensation for material damage to the insurance company and do not have any other material claims against the driver.

However, for the driver, such a situation is risky, since having reached a certain agreement and paying the victim money, the driver may be faced with a situation where the court refuses to terminate the criminal case due to the reconciliation of the parties, since the basis for termination of the case is, among other things, full compensation for the harm caused.

Road accidents with victims: when you can make peace without a criminal case

The convicted person fulfilled all the conditions

The driver Dmitry Komarov* drove into oncoming traffic while overtaking, after which he was distracted from driving and collided with the car of Igor Kiselev*. As a result of the accident, Kiselev received multiple fractures, which is classified as serious harm to health.

A criminal case was opened against Komarov under Part 1 of Art. 264 of the Criminal Code - for violation of traffic rules, which through negligence resulted in the infliction of serious harm to human health, that is, the commission of a crime of minor gravity. He admitted his guilt and repented, apologized to the victim and voluntarily paid him 480,000 rubles.

In court, Komarov petitioned for a verdict in a special manner, the state prosecutor and the victim supported him (Chapter 40 of the Code of Criminal Procedure). In addition, the victim asked to release Komarov from criminal liability in connection with reconciliation with him, because the accused had made amends for the material and moral damage caused by the crime. Kiselev said that he had forgiven Komarov and was asking for leniency for him.

The court, as well as an investigator with the consent of the head of the investigative body or an inquiry officer with the consent of the prosecutor, have the right, on the basis of a statement from the victim, to terminate a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, if this person has reconciled with the victim and made amends for the harm caused to him ( Article 25 of the Code of Criminal Procedure).

The Langepass City Court of the Khanty-Mansiysk Autonomous Okrug - Ugra took into account Komarov’s repentance as a mitigating circumstance (clause “k” of Part 1 of Article 61 of the Criminal Code). The court did not find any aggravating circumstances. He noted: Komarov, through negligence, committed a crime of minor gravity with a double object of encroachment (against the health of citizens and against road safety), thereby creating an increased public danger for others. As the court indicated, Komarov had previously been repeatedly brought to administrative responsibility for violating traffic rules, and the payment to the victim was 480,000 rubles. does not constitute full compensation for harm caused by the crime. Therefore, the court of first instance found Komarov guilty of committing a crime under Part 1 of Art. 264 of the Criminal Code, and imposed a punishment in the form of restriction of freedom for a period of 1 year 4 months with the establishment of a number of restrictions and the imposition of duties under Part 3 of Art. 47 of the Criminal Code and Part 1 of Art. 53 of the Criminal Code (No. 1-21/2018).

The convict's lawyer insisted: the court must release Komarov from criminal liability in connection with the reconciliation of the parties, since he fulfilled all the conditions for this (Article 76 of the Criminal Code). Komarov has not previously committed crimes, is characterized positively, and is considered not to have been brought to administrative responsibility due to the expiration of terms (Article 4.6 of the Administrative Code). The amount of monetary compensation is 480,000 rubles. – the victim himself determined, and it was paid. However, the Court of the Khanty-Mansiysk Autonomous Okrug - Ugra and its presidium only confirmed the legality of the verdict.

A person who has committed a crime of minor or moderate gravity for the first time may be released from criminal liability if he has reconciled with the victim and made amends for the harm caused to the victim (Article 76 of the Criminal Code).

The Supreme Court examined the materials of the criminal case, from which it is clear: the investigator, with the consent of the deputy head of the investigative body, stopped the criminal prosecution of Komarov in connection with the reconciliation of the parties. However, acting The prosecutor canceled the termination order due to the need to verify circumstances that could indicate Komarov’s innocence. According to the Supreme Court, the convict fulfilled all the conditions necessary for release from criminal liability. But the lower courts did not take into account these circumstances and did not give them any assessment. The Supreme Court believes that even if the victim needs additional money for treatment in the future, this does not mean that the damage is not compensated in full, since it was determined at the time the decision was made to terminate the criminal case. Therefore, the Supreme Court canceled the previously adopted acts and terminated the proceedings in the case for reconciliation of the parties (No. 69-UD19-3).

The decision is made by the victim

“The Supreme Court orients judicial practice that the opinion of the victim when applying Art. 76 of the Criminal Code is decisive. If the victim believes that the harm caused to him has been compensated in full, subject to other conditions (when committing a crime of minor or moderate gravity for the first time), the court should not overestimate the opinion of the victim,” says the adviser of the AB Law Office “ZKS” Law Office “ZKS” Federal rating. Criminal Law group 14th place by revenue per lawyer (less than 30 lawyers) 48th place by revenue Company profile Gennady Esakov.

“The Supreme Court rightly emphasized: the law contains only those conditions for exemption from criminal liability that are specified in Art. 76 of the Criminal Code and Art. 25 Code of Criminal Procedure. The method of making amends for the damage and its amount are determined by the victim, and the court does not have the right to review them. In this part, the decision of the Supreme Court is of a precedent nature.”

Gennady Esakov, Advisor to AB Law Office "ZKS" Law Office "ZKS" Federal rating. Criminal Law group 14th place by revenue per lawyer (less than 30 lawyers) 48th place by revenue Company profile

Lawyer of criminal law practice Art de Lex Art de Lex Federal rating. group Antimonopoly law (including disputes) group Land law/Commercial real estate/Construction group Compliance group Natural resources/Energy group Dispute resolution in courts of general jurisdiction group TMT group (telecommunications, media and technology) group Arbitration proceedings (major disputes - high market) group Bankruptcy (including disputes) Group Corporate Law/Mergers and Acquisitions Group International Litigation Group Criminal Law Group Financial/Banking Law Group Intellectual Property (including Disputes) Alexey Anufrienko said: courts often dismiss criminal cases related to causing grievous bodily harm in an accident, in connection with the reconciliation of the parties, if two mandatory conditions are met (the culprit made peace with the victim and made amends for the harm caused). “In this case, we are faced with a common disease of our judicial system - lack of motivation for judicial acts. Often, when deciding to refuse to terminate a criminal case due to reconciliation, courts do not analyze specific circumstances and do not provide convincing arguments in support of their position. There are cases when courts stereotype the provisions of the Code of Criminal Procedure without explaining the specifics of their application in a particular case,” said the head of the Practice of Criminal Law and Procedure of Infralex Infralex Federal Rating. group Antimonopoly law (including disputes) group Arbitration proceedings (medium and small disputes - mid market) group Bankruptcy (including disputes) group PPP/Infrastructure projects group Land law/Commercial real estate/Construction group Digital economy group Corporate law/Mergers and acquisitions group Tax consulting and disputes (Tax disputes) group Family and inheritance law group Tax consulting and disputes (Tax consulting) group Criminal law Company profile Artyom Karakasiyan. “The ruling of the Supreme Court will certainly draw the attention of the courts to the fact that the right to release a person from criminal liability in connection with reconciliation with the victim is the implementation by the state of the principles of justice and humanism,” says Anufrienko.

* – first and last names have been changed by the editors.

Alina Mikhailova

What to do if you cannot reconcile with the victim?

If the victim refuses reconciliation, then the elements of protection specified in the article Criminal cases in road accidents should be used, the case will be considered by the court, and the appropriate sentence will be passed. As part of the criminal process, the victim can file a civil claim for recovery of treatment costs, lost earnings, and moral damages.

In this case, it is necessary to reduce the amount of compensation as much as possible and try to transfer the consideration of the claim to civil proceedings. Only a qualified accident lawyer can do this correctly.

In any case, before the trial, the accused is strongly recommended to pay some amount to the victim, which will be assessed by the court as a mitigating circumstance. These payments can be made regardless of the recognition of guilt in a crime, since the owner of the vehicle (a source of increased danger) bears civil liability regardless of the guilt of his actions.

Services of a lawyer for an accident

Many disputes regarding accidents involving a car are resolved in court. It is quite difficult to independently prove your case in court, without knowing all the laws, you risk being incompetent at the right time and then all efforts will be reduced to zero.

Both the plaintiff and the accused may need a fatal accident lawyer. In the case of the death of participants in an accident, their close relatives are recognized as victims, who can also claim compensation for moral damage.

The accused can also take all measures to protect his interests. A fatal accident lawyer can help you get a reduced sentence or have the charges dropped altogether. In fact, a large percentage of fatal accidents occur due to the negligence of the vehicle driver. An investigator who arrives at the scene of an accident is least interested in protecting your interests; his task is to find the culprit, and who it turned out to be and under what circumstances does not matter.

Claim for damages in case of an accident. Read about the form of a claim to the insurance company for CASCO here.

Find out about a claim for compensation for damages in a moderate road accident from the article:

The main tasks of a lawyer include:

client consultation at any time of application;
a lawyer can go directly to the scene of an accident to resolve all issues with law enforcement agencies;
requesting compensation from the insurance company (if there is an insurance policy);
protecting the client’s interests during testimony and other investigative activities;
searching for all evidence regarding the case and interviewing witnesses;
presence at all ongoing examinations (judicial or independent);
collecting all necessary documents regarding the case;
drawing up a claim and other procedural documents;
forecasting the situation and developing a further work plan;
protecting the client’s interests in court and other authorities;
appealing a court decision to higher authorities;
compensation for damage in case of a fatal accident;
control over the implementation of the court decision.

The above list is incomplete, since the range of work of a traffic lawyer is very wide. All nuances must be discussed during a personal consultation and immediately before concluding a cooperation agreement.

Termination of a grave criminal case by reconciliation of the parties

The amount of possible compensation is established by agreement of the parties and must be reasonable, justified and correspond to the amount of damage caused.

wait for compensation from the accused;
submit a petition for reconciliation of the parties.
agree on reconciliation and the amount of compensation;

It is necessary to distinguish between the grounds for releasing a person from criminal liability (Article 25 of the Code of Criminal Procedure of the Russian Federation - reconciliation of the parties. Dear readers! In this article I want to analyze the practice of courts applying the provisions of Art. Committing a crime for the first time means that the suspect (accused) has not been previously convicted, or his criminal record is the moment of commission of the present crime is withdrawn or extinguished.Reconciliation with the victim and making amends for the harm caused to him means officially bringing him an apology, as well as monetary compensation for the material and moral damage caused.

How to correctly draw up a settlement agreement for compensation for damage in an accident

Let's look at how to draw up a settlement agreement before the trial, what should be contained in the document and how this document differs from a receipt.

The difference between an accident receipt and a settlement agreement is that:

A receipt is the obligation of the culprit to compensate for the damage caused, and a settlement agreement is an agreement between the parties to the accident.
The agreement is equivalent to a court decision.
The settlement agreement is drawn up by a notary or certified by the signatures of the parties.
A properly executed agreement is a legal document, and the authenticity of the receipt will need to be proven.

The content of both documents repeats each other and includes the following information:

time, date and place of compilation;
data of the parties (passport details, registration address);
a detailed description of the place, time and circumstances of the accident, indicating the data of the vehicles involved in the accident (VIN, state number, make, model and color of the car);
the essence of the agreement;
the amount to be reimbursed broken down by category (for example, for vehicle repairs, moral damages, etc.);
deadlines and payment schedule (if a decision is made on installment plans);
number of copies and signatures of the parties.

The document is drawn up in one copy for each party, including one for the notary. When drawing up a contract, it is advisable to have two witnesses present to certify the document with signatures.

Upon execution of the settlement agreement, full or partial, receipts are drawn up indicating receipt of the amount and the absence of financial claims for the amount indicated in the receipt.

A document drawn up by hand with a ballpoint pen will be of great preference, since a handwriting examination is possible if one of the parties refuses to recognize the document.

Do not agree to sign a document if the other participant in the accident is sick or intoxicated. This will lead to it being easily annulled in court. If the participant has chronic diseases, be sure to have the paper certified by a notary. If something goes wrong, the notary will refuse to certify the document and the participation of a psychiatrist will be required.

Monetary amounts are written in two versions - in numbers and in words, while the letter expression of the amount has an advantage, so write clearly and clearly, or better yet, in block letters.

The party injured in the accident has the right to receive compensation in connection with damage caused by:

damage to the vehicle requiring restoration. When determining the amount of compensation, the wear and tear of the vehicle at the time of the accident is taken into account;
moral damage, expressed in causing moral and physical suffering. To prove the infliction of such damage, it is necessary to have documents confirming the amount of lost wages, expenses for treatment and rehabilitation;
incurring additional expenses (payment for examination, legal services, shipping).

Claims regarding insurance payments and compensation can be made by participants in an accident who are not at fault for the accident, as well as by pedestrians injured in an accident due to the fault of others.

To compensate for damage caused as a result of an accident, it is necessary to submit an application to the magistrate or district court at the defendant’s place of residence. When filing an application, the amount of the claim is taken into account, depending on which the application must be submitted to the magistrate or district court (to file a claim, the amount of which is no more than 50 thousand rubles, you must apply to the magistrate court, and for a larger claim amount - to the district court) .

If the defendant is a legal entity or a branch of a legal entity, then the application can be submitted at their location.

To compensate for harm caused to health, an application with the corresponding requirement can be submitted at the plaintiff’s place of residence.

Note! If the culprit of the accident dies at the scene of the accident or as a result of injuries received, another participant in the accident who suffered damage may file a claim with the insurance company with which the culprit of the accident entered into a compulsory motor liability insurance agreement.

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If the person at fault for the accident does not have an insurance policy, claims may be brought against his heirs.

In accordance with the provisions of Art. 1064 paragraph 1 and art. 1175 of the Civil Code of the Russian Federation, when assessing damage the amount of which exceeds 400 thousand rubles, the victim in an accident may receive the balance exceeding the insurance compensation limit from the heirs of the culprit of the accident in the event of his death. To determine the amount of such payments, you must contact a regional notary who serves the area where the deceased is registered and registers cases of opening of inheritance.

As a result of a fatal road accident, the relatives of the person responsible for the accident often refuse to pay monetary compensation to the victims who suffered damage. In this case, the victim may file a claim in court to recover monetary compensation.

In order to accept the claim for proceedings and set a date for the hearing, the requirements presented in the statement of claim must be justified. The trial in court can last quite a long time depending on the circumstances, but in any case, the procedure for compensation and the amount is determined by the court.

To receive compensation for causing moral and physical damage (moral damage), you must go to court with a claim, which is filed against the culprit of the accident. The applicant also needs to confirm the infliction of physical and moral harm as a result of the accident. If the defendant is harmed as a result of an accident that occurred through his fault, and he is unable to file a claim or attend the trial due to being under treatment, a representative may protect his rights and interests.

The amount of compensation for damages is determined by the court taking into account the severity of the applicant’s bodily injuries. When considering the case, the court can significantly reduce the amount of damage indicated by the plaintiff, but if the defendant is proven guilty, the court will oblige him to pay compensation.

In the event of a fatal accident, it is better for the participants in the accident to seek help from our lawyers, who will advise on all issues related to compensation for damage, and will also help solve the problem in each specific case with the least consequences for the parties concerned.