The increasing publicity recently about serious acts at various levels requires attention.
Besides the prison sentence, it is important that every potential offender knows that if caught, he will also have to pay a lot of money. Perhaps this way we will reduce the number of cases of harm.
The harmer, by harming others, causes real damage. Mental damage and sometimes physical damage, and at high damage rates, sometimes even disability, and these become grounds for financial compensation that must be demanded from the harmer.
After a case of harm within the community, which is usually committed by a person known to the victim of the crime, the police investigate the case. The prosecutor's office files an indictment against the offender, which is heard in the court appropriate to the type of offense and the punishment under the law.
This is a normal criminal procedure administered by the state, and the victim is almost never a party to the proceedings.
However, the injured party also suffered damage. Who will compensate him? Therefore, a "drag suit" law was enacted. In accordance with Section 77A of the Courts Law.
Once the criminal proceedings have concluded and become final, the law allows a civil lawsuit to be filed following a criminal conviction. The lawsuit will then be filed with the court where the criminal proceedings were conducted. This procedure is almost unique to cases of this kind, and constitutes a form of monetary punitive compensation for the victim of the offense.
The spirit of the law was to create an additional warning to potential offenders. However, even though the law allows this, not recommended Use a trailing claim, since it is filed against the same beneficiary who conducted the criminal proceedings, and for reasons of efficiency - the beneficiary's expertise is criminal and not tortious. Therefore, to exercise the rights, it is advisable to file a separate claim on the grounds of tort to the beneficiary who specializes in this.
Use of evidence from criminal proceedings
Section 42(a) of the Evidence Ordinance states that conclusions and findings obtained during the criminal proceedings may be used as prima facie evidence for the purpose of pursuing a civil action for damages against the offender. In practice, the evidence obtained constitutes conclusive evidence, and the court treats it as non-appealable.
The advantage of conducting a proceeding in a civil court is the prism through which the beneficiary relates to the implications of pain and suffering, non-pecuniary damages, and more.
Therefore, unlike a regular tort case, in which the victim is required to prove the injury and damage caused to him by evidence and an opinion on the damage caused, - this is a threshold condition for filing a claim - a victim of a crime is exempt from proof as in a regular procedure. All that remains is to examine and prove the amount of damage caused in terms of physical and mental injuries, and these will be determined according to the opinions of experts in the field and according to appropriate tests in the law.
The court, when awarding compensation, will examine, for example, the past and future wage losses that have been and will be incurred as a result of the incident and the extent of its impact on the injured party's earning capacity.
In various cases, the monetary compensation reached NIS 500,000 for pain and suffering, NIS 500,000 for impairment of autonomy, and a similar amount for punitive damages. In recent years, the various courts have tended to award compensation in very high amounts, even those listed here.
What is the fault of the family members of the offender?
I do not take lightly the families of the perpetrators, who usually did not know and/or could not prevent the harm, and my heart goes out to them. However, the victim of the crime suffered real damage, hence the demand for financial compensation for the damage caused, also at the expense of the perpetrator's family, for social policy considerations to stop these cases.
For society is willing to support the families of the perpetrators emotionally and financially, understanding that they are victims just like the victims of the crime.
On the other hand, the offender must pay the victim, thus creating the required balance.
Although, unlike a "regular" tort case where the defendant has deep pockets, such as insurance companies, here there is no insurance, and the payer will be the injured party.
I believe that the time has come for the scoundrel to pay for the damage he caused, and perhaps this will serve as an additional deterrent.
The 'who knew' claim'
In a regular tort case, the plaintiff will try to find all those responsible for causing the default and sue them. In a metaphorical sense, it is interesting what the law would be if the victim of the offense stood up and sued financially those who knew about the offender and did not prevent it.
For, in a normal case, the defendant would have informed the third party of the possibility of his involvement in causing the damage, and thus, his warning on the matter of all that is implied. Then, the third party rushes to prove that he is not connected to or at fault in the circumstances of the case.
It is possible, just possible, that if the brave victim stands up to do so and sues those who know and cover up, suddenly the number of cases will drop dramatically. There will be no more backing up and concealing. There will be no more victims.
• These questions are weighty and have broad implications. I am not instructing anyone in practice, each person should act according to the instructions of their rabbi. The above is not a substitute for legal advice, and a lawyer should be consulted before filing a lawsuit.
• Attorney Moshe Ba Gad practices in the field of tort law.
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