While deciding upon compensation of moral harm, courts establish rather different amount of compensation in cases, when harm was made in comparative circumstances. This fact is established in research of the Supreme Court “The case-law in cases about compensation of moral harm in criminal proceedings”. Even in criminal cases of the same category the amount of compensation of moral harm may differ and fluctuates from relatively small until significant sums. However, it also depends on a sum of compensation the injured party claimed for.

For example, in criminal proceedings with charges brought for heavy mayhem if it caused death of a victim due carelessness of accused person, the amount of moral harm is approximately LVL 6.000 – 7.000. Average amount of compensation in cases when heavy mayhem is caused to injured party due violation of traffic rules or exploitation of vehicle is approximately the same. In its turn, the average amount of compensation in cases about homicide is LVL 30.370, and for death caused in traffic accident – LVL 27.500.

In study made by Valentija Liholaja, professor, Dr. iur., in cooperation with the Department of Criminal Cases of the Senate and the Division of case-law, 223 court rulings (84rulings of the court of the first instance, 92 rulings of the court of appeal and 37 rulings of the court of cassation) in 85 criminal proceedings were analysed.  Rulings became effective in 2008-2010.

It was concluded that despite strict legal regulation and quite large case-law, incorrect application of legal standards and wrong interpretation of their content has been established, as well as insufficient assessment of criteria indicated in law, which should be taken into account while establishing amount of compensation of moral harm, inaccuracies in definition of decisions made by court, and also other mistakes and faults.

To eliminate imperfections established during research and provide solution of issues appropriate to legal regulation and case-law, recommendations to courts approved by the Senate are given in summary of research. They describe factors that should be taken into account while making decision in questions about compensation of moral harm and its recollection, and also while establishing the amount of compensation.   

The Senate indicates: the compensation of moral harm must me commensurate to harm caused so that it would be appropriate, and the more serious is damage, the more fair the compensation must be. The court must not only define appropriate compensation, but also to ground, why it considered compensation to be appropriate. The ground should show that the court took into account and evaluated all circumstances considered to be significant, while establishing the compensation and that court grounded not only on its subjective opinion, but on rational legal reasons. Such ground is significant so that every person might verify rule of law of court ruling.

In attachment of research information is given about definition of amount of moral harm in different foreign countries, as well as recommendations are provided about amounts of compensation of moral harm, which might be levied by courts for particular crimes.

It is possible to study full text of the research “The case-law in cases about compensation of moral harm in criminal proceedings” in the home page of the Supreme Court www.at.gov.lv in the chapter Court information/Compilations of Court Decisions.

 

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211