The Concept of Non-property Damage and the Problems of its Compensation in Civil Criminal Trial Law
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Abstract
Because of an infringement of Law a person may suffer not only property and physical damage but also spiritual and psychical pains and specific physiologic changes. All these factors negatively affect the spiritual health of the person. However, in the Article 30 of the Constitution of Republic of Lithuania, approved by the Referendum of citizens of Republic of Lithuania on October 25, 1992, it was declared that the compensation of material and moral damage caused to a person shall be determined by the laws. Namely from the date of the approval of the Constitution a compensation of a moral damage became a subject of a regulation by the Constitution for a first time in the history of Lithuanian Law.
In the present article a formation of the institute of a non-property (moral) damage in Lithuania is described. The conception of a non-property damage and the problems of its compensation in a criminal trial are presented, using the grammatical and systematic method of explanation of the laws. The author analyses normative acts of law of various foreign states (Germany, France, Russia, England) on a regulation of non-property damage institutes as well. Also in the article it is aimed to describe the principles of a compensation of a non-property damage from July 1, 2001 when the new Civil Code of Republic of Lithuania will come into force. It is stressed that when the said Code shall come into force, a non-property damage shall be a subject of a compensation in all cases, when it was caused by a crime, any damage to a person's health or taking a person's life as well as in other cases provided in the Bylaws.
In the present article a formation of the institute of a non-property (moral) damage in Lithuania is described. The conception of a non-property damage and the problems of its compensation in a criminal trial are presented, using the grammatical and systematic method of explanation of the laws. The author analyses normative acts of law of various foreign states (Germany, France, Russia, England) on a regulation of non-property damage institutes as well. Also in the article it is aimed to describe the principles of a compensation of a non-property damage from July 1, 2001 when the new Civil Code of Republic of Lithuania will come into force. It is stressed that when the said Code shall come into force, a non-property damage shall be a subject of a compensation in all cases, when it was caused by a crime, any damage to a person's health or taking a person's life as well as in other cases provided in the Bylaws.
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