Alexander Music from the Irkutsk region in 2015 was convicted under article 116 of the criminal code, sentenced to a fine and released from punishment on Amnesty in honor of the 70th anniversary of the Victory. However, in favor of the victim the court ordered him procedural costs – 20 thousand rubles. The music did not agree with this decision, and a woman with the size of the payments, as she would obtain from the offender 75 thousand rubles spent on a lawyer. Referring to the court of General jurisdiction in civil proceedings, the victim has made their claims in full. However, during the trial, article 116 of the criminal code were decriminalized, that is, the beatings ceased to be a criminal offense.
According to the Complainant, this approach violates his constitutional right to judicial protection and is in direct contravention to article 19 of the Basic Law. In addition, the new decision of the court worsened the situation of Alexander’s Music, which he appealed against the previous one.
– This position puts the person in respect of which has not been rendered a guilty verdict, in an unequal position compared with convicted persons, which the same court costs shall be collected according to the rules of the criminal procedure code of the Russian Federation, – he said in the appeal to the constitutional court of the Russian Federation. – In the case of convicted persons is used in other methods of estimating the size subject to indemnification by you, including the principles of reasonableness and fairness, while in civil proceedings the court have a direct indication of full damages.
after reviewing the case, the COP made a decision based on your own decisions of the past. Articles 15 and 1064 of the civil code of the Russian Federation recognised not corresponding Constitution of the Russian Federation in that measure in which “they do not provide an adequate level of legal certainty with respect to reimbursement of reasonably necessary costs incurred by the victim for a payment service representative in a criminal case, dismissed for lack of evidence in connection with the decriminalization act.”
the Criminal Procedure code of the Russian Federation, excluding the provisions of which the case of Alexander Music cannot be discussed, establishes rules for recovery of legal costs of one or both parties to the proceedings, but only in cases where the decision took place. The defendant can be convicted or acquitted, or the case is closed the reconciliation of the parties and is properly recorded. And in the case of Music, the beating ceased to be a crime and “criminal procedure law does not contain special regulations on the procedure for the recovery (or compensation) of these costs”, established the constitutional court.
On this basis, the Federal legislator is instructed to amend the current legislation on the necessary changes. After that, the case of Alexander vile Music��tains the revision.
