Citizens who have been unlawfully prosecuted can recover not only moral damage, but also compensation for damage to business reputation – this is the explanation given by the Supreme Court. This option is possible if the criminal case became a black mark on the resume and the person was unable to get a job again.
A doctor from Voronezh applied to the higher authority with a complaint. The woman worked for many years as the deputy chief physician of one of the city hospitals. In 2016, following a denunciation by two nurses, a criminal case was opened against her for abuse of office. The investigation dragged on for almost a year and a half, the case fell apart as a result and was dismissed for lack of corpus delicti. Then it was reopened, closed again – and so on four times.
From the nerves and health of the doctor to the moment when the investigators finally gave up, only one name remained. The woman went to court with a claim for compensation for moral damage. She estimated it at 600 thousand rubles. However, the Voronezh judges decided to curtail the doctor’s appetites and awarded her only 20 thousand. On appeal, the decision survived. The judges concluded that the physician could not count on more, because she was not in custody, but was under recognizance not to leave. But the Supreme Court found this amount ridiculous and returned the case for review.
“The court of first instance did not find out the severity of the physical and mental suffering inflicted on the plaintiff in connection with the unlawful criminal prosecution, did not give a proper legal assessment of such circumstances as the general duration of the preliminary investigation (16 months), the conduct of investigative actions with her participation, including a search in her home, and long stay in the status of a suspect, “- emphasized the Armed Forces in the definition.
Moreover, as the highest judges pointed out, the victim of an illegal criminal prosecution can also count on additional compensation for damage to his business reputation. The Collegium of the Armed Forces noted that the doctor lost her job due to a criminal case. Although she had worked in medicine for 31 years before the incident, she was repeatedly awarded for her diligent work. However, even after the case was closed, she was unable to re-enter the healthcare system, each time receiving refusals from potential employers.