The man was staying at the hotel, and right from the room some intruders stole 5.4 million rubles from him.
With this money they bought a Mercedes-Benz and gave it to a friend.
*This material was created by a person who has the status of a foreign agent in the Russian Federation.
The police quickly found the criminals and the court found them guilty under paragraph “b” of Part 4 of Art. 158 of the Penal Code (“Theft”). The villains went to jail and Mercedes-Benz was arrested as part of a criminal case.
The victim went to court to recover the stolen 5.4 million rubles. in solidarity with the hotel and thieves. The plaintiff wanted to receive not only 5.4 million rubles, but also 2.7 million rubles. fine, 1 million rubles. compensation for moral damage. And he also claimed a Mercedes-Benz bought with stolen money.
Three agencies partially complied with the claim: they recovered 5.4 million rubles from the thieves in his favor. The courts held that in the case there was no evidence that the hotel was responsible for causing damage – it was providing the services properly. The plaintiff’s non-property rights were not violated, so he suffered no moral damage. And Mercedes-Benz does not belong to criminals, but to a third party, so it cannot be traced.
Supreme Court ruling
The SC disagreed with this decision. Moral damage can consist not only of physical, but also of moral suffering. Since the criminals have violated the inviolability of his home, it is clear that moral damage has been done.
And although Mercedes-Benz was registered to a third party, it was bought with stolen money, the court stressed.
As a result, the Supreme Court has referred the case to the court for rehearing regarding the refusal to pay compensation for moral damage and to get the car back.
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Source: Pravo.ru