Court denied requests of boy's mother, who set Zarechny pensioner on fire
Penza, 10 April 2015. PenzaNews. Penza Regional Court dismissed an appeal against the mother of 9-year-old student, who set fire to a pensioner in Zarechny, resulting in an elderly man later died.
The woman asked to reduce the amount of compensation for moral damages determined by the court: 150,000 rubles both to the wife and to the son of the deceased.
“The court found that the underage person poured flammable liquid over the elderly man, and threw a cigarette lighter at him in Zarechny in 2014. The man’s clothes caught fire: as a result, he received multiple heat burns and succumbed to the injuries several days later,” Yulia Makarova, Senior Assistant Attorney of the region in Media Relations, informed PenzaNews agency.
She reminded that in view of the boy’s age, the criminal case on intended bodily harm had been discontinued.
“Meeting the claims of the victim’s relatives, the court was guided by the provisions of the Civil Code and the fact that as a result of the minor's misconduct, the plaintiffs suffered non-pecuniary damage, they incurred funeral expenses of a close relative. The damage must be compensated by the legal representative: the boy’s mother, who left her son neglected of attention,” the agency interlocutor explained.
Yulia Makarova added that the court also reviewed the woman’s request to reduce non-pecuniary damage, given her financial situation, but dismissed it.
“Underage children, and lack of permanent job and personal property were found to be insufficient to reduce the compensation amount. The court determined the amount with due regard for the particular circumstances of this case, the identity of the victim, the defendant’s conduct, reasonable principles, fairness and adequacy,” she stressed
Yulia Makarova noted that the regional court upheld the decision.
“The court decisions on the case were made in accordance with the conclusions of participating of prosecutors, who considered the case,” she specified.