Compensation for non‑pecuniary damage due to unlawful criminal prosecution

Situation

The lawyers of the Criminal Law and Procedure practice at Infralex were tasked with securing a court ruling to recover compensation for non‑pecuniary damage from the Russian Federation, represented by the Ministry of Finance of the Russian Federation, for the unlawful criminal prosecution of a major regional entrepreneur (who ran a diversified business in construction, retail, hospitality, and restaurant sectors). The entrepreneur had been unjustly accused of committing serious and particularly serious crimes for more than six years and spent 2,229 days in a pre‑trial detention facility.
The complexity of this case lay in the fact that the current legislation and law enforcement practice do not contain specific criteria for courts to determine the amount of compensation for moral damage in the event of unlawful criminal prosecution.

Actions taken

The lawyers collected and submitted numerous documents to the court of first instance, which in practice serve as evidence of the infliction of moral damage and psychological trauma (emotional harm) on persons unlawfully deprived of their freedom. In particular, the lawyers referred to medical documents, expert opinions, certificates from pre‑trial detention facilities, and protocols of investigative actions. Furthermore, to support their position, the lawyers presented the court with testimonies from eyewitnesses (the client’s relatives) and media articles attesting to the suffering the client endured as a result of his unjustified detention.

Result

The court of first instance decided to award the client 2,800,000 rubles in compensation for moral damage. At the same time, the lawyers at Infralex managed to have this decision overturned in the appellate court and a new decision was adopted, increasing the amount of compensation to 5,000,000 rubles. The appellate court agreed with the arguments put forward by the Infralex lawyer that compensation for moral damage for one day of unlawful detention in the amount of 2,000 rubles is reasonable. This decision is of great importance for judicial practice.