The problem was that the thieves registered the vehicle in the name of a third party.
The man stayed at the hotel, and right from the room a couple of intruders stole 5.4 million rubles from him.
With this money, they bought a Mercedes-Benz, and issued 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 district court found them guilty under paragraph “b” of Part 4 of Art. 158 of the Criminal 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 instances partially satisfied the claim: they recovered 5.4 million rubles from the thieves in his favor. The courts considered that there was no evidence in the case that the hotel was to blame for causing harm – it provided services properly. The non-property rights of the plaintiff were not violated, so he did not suffer moral damage. And Mercedes-Benz does not belong to criminals, but to a third party, so it cannot be recovered.
Supreme Court Verdict
The SC did not agree with this decision. Moral harm can consist not only in physical, but also in moral suffering. Since the criminals violated the inviolability of his home, it is obvious that moral damage was inflicted.
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 sent the case for a new consideration to the district court regarding the refusal to pay compensation for moral damage and recover the car.
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