Over 5 years under investigation and trial: appeal confirmed 600,000 UAH compensation to a man after acquittal

The Sumy Court of Appeal considered the appeal of the Sumy Regional Prosecutor's Office against the decision of the Zarichnyi District Court of Sumy in a case filed by a citizen against the state of Ukraine for compensation of moral damages and costs for professional legal assistance caused by unlawful criminal prosecution.

The man was under investigation and trial for over five years due to unfounded accusations of violating safety rules during work with increased danger, which, according to the investigation, caused a person's death. After the acquittal verdict became legally binding, he filed a lawsuit seeking compensation for moral damages and reimbursement of legal fees.

Case essence

The court established that the plaintiff is an individual entrepreneur who for many years engaged in roofing and repair works, including work on municipal property objects. In 2017, during the major repair of the soft roof of one of the Sumy hospitals, an accident occurred: a hired worker of the entrepreneur, while working on the roof, fell from a height and died.

The plaintiff was notified of suspicion of violating safety rules during work with increased danger, which caused a person's death (Part 2, Article 272 of the Criminal Code of Ukraine). After the pre-trial investigation, the indictment was sent to court. In September 2020, the Zarichnyi District Court of Sumy acquitted the accused due to insufficient evidence of a criminal offense in his actions. In October 2023, the Sumy Court of Appeal upheld the acquittal verdict. Overall, the man was under investigation and trial for over five years.

In October 2024, he filed a lawsuit with the Zarichnyi District Court of Sumy against the state of Ukraine represented by the Sumy Regional Prosecutor's Office and the State Treasury Service of Ukraine for compensation of moral damages caused by unlawful criminal prosecution. He requested compensation for moral damages caused by the unlawful prosecution and reimbursement of legal fees. The court of first instance satisfied the claim, awarding 600,000 UAH for moral damages and 100,000 UAH for legal assistance costs.

The Sumy Regional Prosecutor's Office disagreed with this decision and filed an appeal with the Sumy Court of Appeal, requesting to reduce the moral damages compensation to 99,200 UAH, considering the amount excessive, and to deny the full reimbursement of legal assistance costs.

What the appellate court decided

The panel of judges of the Sumy Court of Appeal agreed with the conclusions of the court of first instance. The court noted that the person was under investigation and trial for over five years, and the legally guaranteed minimum compensation for moral damages in this case was 496,000 UAH. Considering the duration of the criminal prosecution, the nature of the moral suffering caused, the negative impact on the plaintiff's business reputation, and other established circumstances, the court-determined compensation amount of 600,000 UAH corresponds to the principles of reasonableness, balance, and fairness.

The appellate court also agreed with the reimbursement of 100,000 UAH for professional legal assistance costs, as their actual incurrence was confirmed by contracts and payment documents, and such expenses are subject to compensation under a special law.

Thus, the Sumy Court of Appeal dismissed the appeal of the Sumy Regional Prosecutor's Office and left the decision of the Zarichnyi District Court of Sumy unchanged.

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