Publication date: 04.06.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Theft is one of the most common crimes that causes significant material damage to affected individuals and organisations. In Ukraine, liability for theft is set out in Article 185 of the Criminal Code of Ukraine (CCU). However, in addition to criminal liability, an important aspect is the compensation of damages. In this article, we will examine the legal mechanisms for compensation of damages in theft cases and analyse the court practice.
Legal mechanisms for compensation for damages
Criminal proceedings
In criminal proceedings, the injured party has the right to claim compensation for damages. This can be done by filing a civil action within the criminal case. According to the Criminal Procedure Code of Ukraine, the victim has the right to:
- Filing a civil action. The injured party may file a civil action in court within the framework of criminal proceedings. In this case, the court, while considering the criminal case, simultaneously decides on the issue of compensation for damages.
Recognition as a victim. To do this, you need to file a corresponding petition with the investigator or court. Recognition as a victim gives you the right to participate in criminal proceedings and file a civil lawsuit.
Civil proceedings
The injured party may also file a separate civil action for damages. This route can be used if the victim did not file a claim in the criminal case or if the amount of damages requires additional evidence that was not provided in the criminal proceedings.
- Separate civil action. The injured party has the right to file a separate lawsuit in a civil court seeking damages. To do this, it is necessary to collect evidence of the damage and prove its causal relationship to the theft.
- Recovery of damages. In the event of a positive court decision, the plaintiff is entitled to recover damages from the perpetrator. This may include both direct material damage and non-pecuniary damage.
Court practice
The case law in theft cases demonstrates different approaches to damages depending on the circumstances of the case and the evidence provided by the parties.
Examples of court decisions
- Theft of property from an enterprise. In one of the cases, an employee of a company systematically stole material assets. The court found him guilty under Article 185 of the Criminal Code and ordered him to compensate the company for the damage caused in the amount of the value of the stolen property.
- Theft from an apartment. In another case, the defendant stole valuables from an apartment. The court upheld the victim's civil claim for damages and ordered the perpetrator to compensate the value of the stolen property and non-pecuniary damage.
- Financial fraud on the Internet. In a case involving the theft of funds through online fraud, the court, in addition to criminal punishment, ordered the perpetrator to compensate the victim for damages, including both lost funds and legal fees.
Enforcement of court decisions
After obtaining a court decision on damages, an important step is to enforce it. This may include:
- A writ of execution. The court issues a writ of execution, on the basis of which the executive service can recover damages from the perpetrator's property.
- Seizure of property. The Enforcement Service has the right to seize the debtor's property and sell it to recover damages.
- Compensation through insurance. If the property was insured, the victim may apply to the insurance company for compensation.
If you have been a victim of theft or need to recover damages under Article 185 of the Criminal Code, contact the professional attorneys at consultant.net.ua. Our lawyers have extensive experience in theft-related cases and will help you protect your rights and interests. Using the services of a theft lawyer, you can be sure of a professional approach and high quality legal assistance. Lawyer for 185 of the Criminal Code.
Conclusion
Compensation in cases of theft is an important aspect of protecting the rights of victims. Legal mechanisms, such as filing a civil action as part of a criminal proceeding or a separate civil action, provide victims with the opportunity to recover their losses. Court practice shows that Ukrainian courts actively support the rights of victims by ordering perpetrators to compensate for the damage caused. However, success in such cases largely depends on the availability of high-quality legal assistance, which can be obtained by contacting experienced lawyers.
