In para 6 of the Decree the Plenary Session has clarified the key condition for exoneration from criminal liability on the grounds of “active repentance” – the atonement of the inflicted harm, including the reparation of damages. The Court pointed out that damages consist in property harm which can be compensated in kind (in particular, by offering another property instead of the damaged one, by repairing or fixing of the damaged property), in monetary form (for instance, by compensating the value of the lost or damaged property or expenses for medical treatment etc). By atonement of harm courts should understand monetary compensation of moral harm, rending assistance to the victim, and other measures aimed at the restitution of rights and lawful interests of the victim that were breached as a result of the crime.
Besides, it is pointed out that exoneration of a person from criminal liability on the ground of his reconciliation with the victim is impossible if the victim is a minor and his opinion on the issue of reconciliation differs from that of his lawful representative (para 11).
