Rezolut attorney Bochkarev Andrey successfully defended the interests of the client in the Sverdlovsk Regional Court.
Thus, the Irbitsky District Court, based on the results of the consideration of the criminal case opened against the principal on charges of committing a serious crime, rendered an acquittal.
The public prosecutor, who disagreed with the judge’s decision, filed an appeal, in which he asked the Sverdlovsk Regional Court to cancel the sentence of the Irbitsky District Court and send the criminal case for a new trial. In confirming his claims, the public prosecutor pointed out that the court committed significant violations of the criminal procedure legislation, the verdict was not motivated, a number of evidence of the prosecution was not assessed, and that the court itself did not re-qualify the actions of the defendant for a less serious corpus delicti.
When considering the criminal case in the Sverdlovsk Regional Court, the side of the state prosecution, represented by an employee of the Prosecutor’s Office of the Sverdlovsk Region, fully confirmed the requirements of the appeal.
Lawyer Andrey Bochkarev, who represented the defense, refuted the arguments of the public prosecutor and convinced the panel of judges of the legality and validity of the verdict passed by the Irbitsky District Court. The evidence referred to by the prosecution – the results of the operational-search activity, was obtained in violation of the current legislation and was reasonably recognized by the court as inadmissible. According to the provisions of Article 89 of the Russian Federation, it is prohibited to use the results of operational-search activities in the process of proving if they do not meet the requirements for evidence by the criminal procedure law.
The court quite reasonably criticized the testimony of the prosecution witnesses, since they were repeatedly changed in the course of the preliminary investigation and trial, in addition, there were sufficient grounds to assume that pressure was exerted on witnesses and that they were dependent on law enforcement officials.
The prosecutor’s arguments about the need for the court to re-qualify the prosecution for a less serious composition inherently imposed on the court an unusual duty to form and substantiate the charge, which is the prerogative of the authorities conducting criminal prosecution.
The defense side fully supported the findings of the Irbitsky District Court and provided additional justification that the client’s actions were not subject to re-qualification for any other, less serious crime.
The court is not a party to the prosecution, does not collect and does not present evidence proving the guilt of the defendant. It was the absence in the materials of the criminal case of admissible, reliable, and most importantly, sufficient evidence that the principal had committed any crime that led to the court’s acquittal. For this reason, the actions of the principal were not subject to retraining.
Based on the results of the court session, the Sverdlovsk Regional Court decided to refuse to satisfy the appeal, the acquittal of the Irbit District Court was upheld and entered into legal force.
Currently, Rezolut employees are preparing documents for going to court with a demand for the rehabilitation of the client in connection with illegal and unjustified criminal prosecution, compensation for property damage and moral damage.