The resolution of the Plenum of the Supreme Court of the Russian Federation "On the practice of consideration by courts of a civil claim in a criminal case" was adopted"
The comment is given by the lawyer, senior partner of Law Office "Main Letter" Gavrichkov Stanislav.
On October 13, 2020, a resolution was adopted Plenum of the Supreme Court of the Russian Federation No. 23 "On the practice of consideration by courts of a civil claim in a criminal case".
Stanislav Gavrichkov, Senior partner of Law Office "Main Letter", considers it necessary to pay attention to paragraph 27 of the Plenum, in which the courts are recommended to take exhaustive measures to resolve the civil claim in the case on the merits, so that the rights of the victim violated by the crime are restored in a timely manner, to prevent the unjustified transfer of the issue of the amount of compensation for the civil claim for consideration in civil proceedings.
At the same time, it should be borne in mind that the need to make additional calculations is not the basis for transferring the issue of the amount of compensation for a civil claim for consideration in civil proceedings, if they are related, among other things, to clarifying the amount of property damage that is important for the qualification of the offense and determining the scope of the charge, even when such calculations require postponing the trial.
The lawyer of the Bureau emphasizes that previously the judges in criminal cases did not reasonably single out the issue of resolving a civil claim in a separate proceeding and thereby significantly delayed the procedure for collecting damages.