Compensation for damage caused by a criminal offense as a basis for applying exemption from serving a sentence with probation under Art. 75 of the Criminal Code of Ukraine must be established at the stage of judicial review of criminal proceedings, before the adoption of a verdict and the imposition of a punishment, or at the stage of challenging such a verdict in the appellate procedure, that is, before the verdict becomes final.
This is stated in the resolution of the Criminal Court of Cassation as part of the Supreme Court, which considered criminal proceedings regarding the commission of intentional grievous bodily harm by a person (Part 2 of Article 121 of the Criminal Code of Ukraine).
In the cassation appeal, the defense attorney indicated the need to release the convicted person from serving a probationary sentence in accordance with Art. 75 of the Criminal Code of Ukraine in view of full compensation for the damage caused to the victim.
At the same time, the CCS of the Supreme Court established that the compensation for the damage occurred already after the verdict entered into force, and therefore came to the conclusion that there are no grounds for applying the provisions of Art. 75 of the Criminal Code of Ukraine.
At the same time, the court of cassation noted that the execution of the judgment of the court, which has entered into legal force, in terms of compensation for the damage caused, is a direct obligation of the person on whom such an obligation is imposed by the court, and its non-fulfillment has separate legal consequences and may affect the prosecution of such a person to the legal responsibility defined by law.
Resolution of the Supreme Court of Appeals of Ukraine dated December 6, 2023 in case No. 501/740/20 (proceedings No. 51-3646км23) – https://reyestr.court.gov.ua/Review/115445752 .