The heirs of a person who committed a crime whose criminal prosecution was terminated in connection with his death, may be entrusted with the obligation to pay compensation for non -pecuniary damage to the victims

The main means of judicial protection of the rights of persons who suffered from a crime is the civil lawsuit brought in the criminal case to compensate the harm caused by the crime. At the same time, the victim has the right to sue such a lawsuit in the order of civil proceedings. This right remains for the victims and in the event of a criminal case on non -rehabilitating grounds, including the death of a suspect or accused.

The termination of criminal proceedings on non-rehabilitating grounds does not terminate the civil law tort obligation to compensate for non-pecuniary damage caused by the crime. Pricing (civil law) prerequisites for presenting the requirements of the victims to the heirs of the deceased are preserved, to which his property passes in the order of universal succession. Since the heirs who have accepted the inheritance are liable for the debts of the testator in jointly, they are also persons who are under the law of property liability for the actions of the deceased suspect or accused within the value of the inheritance property that has passed to them.

The Constitutional Court noted that the assignment on the heir to compensate for the harm caused to the victim of a crime of the testator is aimed at implementing constitutional guarantees of the rights of persons affected by criminal acts, and thereby designed to ensure effective protection of the dignity of the individual. In addition, the current legislation does not contain a direct ban on the transition in inheritance to the heirs who accepted the inheritance, the obligations to compensate the victim with moral damage caused to the committed by the testator with a crime.

However, the federal legislator is not deprived of the opportunity to allow — in order to protect the interests of the heirs of the causer of harm — the application of provisions on the deadlines for the limitation periods to them.

Thus, the interconnected provisions of Part 1 of Article 151, parts 1 and 2 of Article 1112 of the Civil Code of the Russian Federation do not contradict the Constitution of the Russian Federation to the extent that they do not prevent the inheritance of the person who committed the crime (suspect or accused, whose criminal prosecution has been terminated on non -rehabilitating grounds), and the obligation to compensate for his heirs to compensate for the mental harm to the victim from this crime within this crime within this crime within this crime within this crime within this crime the value of the inheritance property, regardless of the presence at the time of the death of the causer of the harm that has entered into force, obliging him to pay appropriate compensation.

Another approach to the solution of this issue would not only reduce the level of constitutional and legal protection of victims from crimes, but would also create unjustified obstacles to the application of guarantees of the rights of victims, which would not meet the requirements of justice and would not be consistent with the articles of the Constitution of the Russian Federation.

Resolution of the Constitutional Court of the Russian Federation of 05.29.2025 N 24-P “In the case of verification of the constitutionality of the first part of Article 151 and Article 1112 of the Civil Code of the Russian Federation in connection with the complaint of citizens A.G. Baiguskarova and M.G. Muhammethina «

source: Consultant Plus