Atlygintinos neturtinės žalos dydžio įstatyminio apribojimo problematika
There is no doubt that the criminal process is not only meant to identify the circumstances of a criminal offense, offender, impose upon him a punishment, but also to protect the personal interests of the victims of crimes. One of the most important rights guaranteed by the Code of Criminal Procedure of Republic of Lithuania is the victim‘s right to claim for damages suffered by any offense. Typically, persons who has suffered damages of the criminal offenses requires compensation from the offender or his statutory representative, but in some categories the requirement acts are directed to a specific activity unrelated individuals. That is, the obligation to compensate damages is based on the suspect (the accused) and a third party prevailing in contractual relations. One of such offenses is provided in Article 281 (Road traffic safety and vehicle maintenance rules) of Lithuania Criminal Code of Republic of Lithuania. Damages of this criminal act is specific in case of the fact that damages are claimed not only from the offender, but also from the insurance company of the suspect (the accused) who is insured by compulsory vehicle keepers third party liability insurance. These offender and insurance company relations are regulated by the Republic of Lithuania motor third party liability insurance law. The article analyzes the problems of moral damages which is result from the criminal acts related to road safety. In view of the current national courts and the European Union Court of Justice and the national and European Union law provisions, the article analyzes the issues whether moral compensation to victims of traffic accidents in the national legal regulation complies with European Union directives. European Court of Justice making more court decisions on moral compensation arise controversial question whether the Motor Third Party Liability Insurance Act of Republic of Lithuania restricts of the limits of non-pecuniary compensation benefits is without prejudice to victims of traffic accidents and other insurance contracts subjects' rights and legal interests. In Article (by national courts and the European Court of Justice Court’s decision analysis) are identifying the main basis of this regulation, the legal and practical application problems and the possible regulatory improvement.
- Straipsniai / Articles