Senate’s findings on compensation for damage to victims of road traffic accidents in criminal proceedings are summarized
28 September, 2021
A summary of the Senate’s case law findings on how to decide the issue of compensation for damage caused to victims of road traffic accidents in criminal proceedings is published on the website of the Supreme Court.
The Senate acknowledges that in criminal proceedings those losses may be recovered from the perpetrator which are not indemnifiable in accordance with the Compulsory Civil Liability Insurance of Owners of Motor Vehicles Law or which exceed the insurer's liability limit specified in this Law and regulatory enactments issued thereunder. In other cases, compensation for damage is not determined in criminal proceedings.
The regulation of the procedure for receiving damage compensation for victims who have been recognized as such in a criminal offense related to violation of road traffic regulations and vehicle operation regulations differs significantly from the general procedure provided for in the Criminal Procedure Law, as in these cases the type, amount and procedure of compensation are regulated by the Compulsory Civil Liability Insurance of Owners of Motor Vehicles Law and regulations of the Cabinet of Ministers issued thereunder.
The summary of case law includes the rulings of the Senate adopted in 2020 and 2021 (until August, when the summary was prepared). Case law may develop, therefore each finding expressed in the summary should always be considered in conjunction with the applicable regulatory framework.
The summary was prepared by the Division of Case-law and Research of the Supreme Court.
Summary of case law “Deciding on compensation for damage to a victim in a criminal offense related to violation of traffic regulations and vehicle operation regulations in criminal proceedings. 2020 - August 2021)” is available on the website of the Supreme Court in the section Case law/ Compilations of case law/ Criminal law
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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