Is the compensation the obligation of the perpetrator to the victim / victim’s family or is it merely voluntary?
Is compensation the same as a peaceful effort that immediately aborts a crime / replaces corporal punishment for the perpetrator (prison)?
A case of a traffic accident enters the criminal law field if the accident occurs due to negligence from the driver to the victim died, then the legal consequences for the maker or cause of the accident are subject to Article 359 which reads: “Anyone due to negligence causes the death of others threatened with imprisonment a maximum of five years or a maximum confinement of one year “.
Is there any compensation?
For victims who have died, lives cannot be replaced by anything even with money. In many cases & experiences that are often found, the victim’s family will feel offended if this domain is entered, some are even angry and even threaten “lives paid for lives” and so on, because any compensation cannot wake people who have died or immediately restore grief.
But agreeing not to agree life continues, there is always great wisdom behind someone’s death let alone the death due to accidental or desired by the perpetrator or the victim himself. For this reason compensation is generally better known in the realm of civil law, but for the context of traffic accidents above, there are exceptions.
Reference regarding compensation has been arranged, where the maker (perpetrator) can also be accompanied by a civil claim for material losses incurred. In a variety of mistakes, where people who do wrong cause harm to others, then he must pay compensation.
This is what is often called “legal protection for victims of traffic accidents”.
Does the compensation above automatically replace the sentence of the body (prison)?
No. The corporal punishment is still carried out, but if there is a good intention from the offender / family to apologize, provide sorrow and compensation, then this will naturally be considered by the judge in the court in his decision.
How much is the compensation fee?
The amount of compensation can be determined based on a court decision or can be done outside the court if there is a peace agreement between the parties involved with a record that the loss occurred in a minor traffic accident.… Read More