Compensation for harm (damage) caused to the victim by unfinished and committed in complicity violent crimes
Authors:
1.
Volgograd Academy of the Ministry of Internal Affairs of Russia
(Department of Civil Law Disciplines, Teacher)
employee from 01.01.2025 until now
Astrakhan, Astrakhan, Russian Federation
employee from 01.01.2025 until now
Astrakhan, Astrakhan, Russian Federation
Type:
Article
Pages:
from 66
to 72
Status:
Published
Received:
26.09.2025
Accepted:
16.11.2025
Published:
22.12.2025
Language:
Russian
Keywords:
Compensation for damages, moral damages, victim, unfinished crime, attempted crime, complicity in a crime, organized criminal group, joint and several liability.
Abstract (English):
Introduction. The relevance of the study, the results of which are presented in the article, is due to the lack of uniform criteria for compensation for damages, including moral damages, to victims of unfinished violent crimes and those committed with complicity in Russian legislation and law enforcement practice. This leads to arbitrary and not always fair judicial decisions on the amount of compensation. Methods. The methodological basis of the study consists of formal-dogmatic and systemic methods. The empirical base is represented by the results of an analysis of more than 150 court decisions on criminal cases for the period from 2021 to 2024, posted in electronic databases, as well as data obtained from a survey of 189 investigators and judges. Results. It has been established that judicial practice, when considering compensation for moral damages in cases of attempted violent crimes, fails to take into account the reduced social danger of an unfinished act, and the amounts of compensation are, in most cases, equated to payments awarded for completed crimes. The need to use a decreasing coefficient (up to three-quarters of the amount that would be awarded for a completed crime) when calculating the amount of compensation for moral damages in cases of only an attempted crime is substantiated. In cases of complicity, it is proposed to establish a differentiation of liability. A distinction should be made between joint liability, which occurs for causing moral damages and when a crime is committed by an organized group (with an increasing coefficient of 1.05), and shared liability, which occurs for causing physical and property damage in group crimes committed by prior conspiracy (depending on the role of each accomplice).
Introduction. The relevance of the study, the results of which are presented in the article, is due to the lack of uniform criteria for compensation for damages, including moral damages, to victims of unfinished violent crimes and those committed with complicity in Russian legislation and law enforcement practice. This leads to arbitrary and not always fair judicial decisions on the amount of compensation. Methods. The methodological basis of the study consists of formal-dogmatic and systemic methods. The empirical base is represented by the results of an analysis of more than 150 court decisions on criminal cases for the period from 2021 to 2024, posted in electronic databases, as well as data obtained from a survey of 189 investigators and judges. Results. It has been established that judicial practice, when considering compensation for moral damages in cases of attempted violent crimes, fails to take into account the reduced social danger of an unfinished act, and the amounts of compensation are, in most cases, equated to payments awarded for completed crimes. The need to use a decreasing coefficient (up to three-quarters of the amount that would be awarded for a completed crime) when calculating the amount of compensation for moral damages in cases of only an attempted crime is substantiated. In cases of complicity, it is proposed to establish a differentiation of liability. A distinction should be made between joint liability, which occurs for causing moral damages and when a crime is committed by an organized group (with an increasing coefficient of 1.05), and shared liability, which occurs for causing physical and property damage in group crimes committed by prior conspiracy (depending on the role of each accomplice).
Keywords:
Compensation for damages, moral damages, victim, unfinished crime, attempted crime, complicity in a crime, organized criminal group, joint and several liability.
Compensation for damages, moral damages, victim, unfinished crime, attempted crime, complicity in a crime, organized criminal group, joint and several liability.
