The Supreme Court clarified a number of controversial issues, in particular, what is meant by “compensation of losses” as a precondition of application of amnesty: it implies ‘losses’ in the meaning of Art 15 of the Civil Code. Real damage may be compensated “in kind, in monetary form, or by way of compensating non-property forms of harm” (moral harm or harm to the reputation of an organisation). Recovery of lost profits “by way of compensation of income not received by the victim” is not excluded as well (para 2.5.1).
The Supreme Court also opined that if the defendant objects against the application of amnesty to him, the termination of criminal prosecution is not permitted. The same goes for those convicted persons whose sentences have not yet come into legal force. If, however, someone’s sentence has come into legal force, the court should release such convicted person from punishment, and his objections may not preclude the court from doing so (para 2.4).
