Interestingly the judges are judging! There is no other way to say after analyzing case No. 750/5469 / 18, which reached the Supreme Court and ended with the publication of a legal conclusion on it on 03.03.2021.
The District Court concluded that the citizen was innocent of committing a criminal offense under Part 1 of Art. 358 Criminal Codex (falsification of documents).
By the same verdict, the citizen was “arrested for six months” for using a forged document and “imprisoned” for 5 years without confiscation of property for illegal possession of a vehicle.
Following the principle of absorption, the punishment was chosen from one to five years without confiscation and immediately “took pity” on the offender, releasing him from punishment with a probationary period of 3 years.
What did the citizen do? All in all, he forged the passport of the deceased – pasted someone else’s photo into it and took a car from a car dealership with a friend “on lease with theft” according to this document!
The fact that the criminal for such a serious offense remained practically unpunished, naturally, angered the prosecution authorities and they gave the case a further course!
The question arose: “How could the court recognize a citizen as practically innocent who: pasted his photo into the passport of a deceased person and, together with an accomplice on this document, tried to draw up a lease agreement in a car dealership, pay for the car in the future without intending, and when the registration attempt failed, I just took it and drove away, right, to the first traffic police post? “
In fact, it turns out that it is quite possible to forge the passport of the deceased, try to take a car for him on credit without planning to pay for it, steal the car and remain free! The judicial system allows it ?! It would have been so if the procurator had not been saved by the “honor of the judicial mantle”!
The prosecutor’s office, like the traffic police, reacted clearly and immediately to an attempt to break the law!
The prosecutor demanded a reconsideration of the case and the cancellation of the decision of the appeal, arguing that the courts completely unreasonably treated the accused too softly.
In the Supreme Court, it turned out that, indeed, the case was considered through the prism of kindness, without examining all the circumstances of the incident, and the serious crime was punished as a frivolous offense.
Neither the district court nor the appeal in this criminal process adhered to the requirements of the law, did not give evidence-based answers, but went, so to speak, in the wake of the defendant’s human rights defender.
It is also interesting that the accused, following the principle of “impudence is the second happiness,” in the cassation procedure with the help of a criminal defense lawyer, generally tried to drop all charges against himself, pointing out the absence of evidence of guilt.
But, is gladdening fact that nothing came of it and the law still triumphed. To an excessively “good” court, they pointed out that ignoring the circumstances of the case for the reason that they contradict the prosecution’s version is a completely wrong position from the point of view of the law.
It is logical in such a situation to establish the circumstances of the case, which the defendant’s version cannot provide a logical explanation, as grounds for reasonable doubt about the proof of the person’s guilt. And this is a story with a completely different punishment for a criminal!
The grandmother in court proved her right to donate housing, despite the fact that her little granddaughter was registered in it! The Supreme court, by its conclusion in case No. 385/1598/18, determined that she is not a parent and not the one who replaces him, therefore, she is free in the right of alienation! Here […]
Professional legal aid often ensures successful appeals against the decision of the first instance court. See for yourself how events can develop with one fresh example. The pensioner, a disabled person of the III group, was threatened with a fine in the amount of UAH 10 200.00 and deprivation of a driver’s license for a […]
Cassation economic court of the Supreme Court “stood up” for the mortgage apartment of the borrower of the bank, delimiting the personal and business rights and obligations of individual entrepreneurs, as well as limiting the rights of claimants to this property. So, with the conclusion in case No. 922/4404/15, promulgated on 06/04/19, the Supreme Court […]
Family showdown is an eternal topic! Even the array of family legislation and court practice accumulated over decades does not contain answers to all questions regarding family relations! The Supreme Court once again had to figure out whether or not the testimonies of witnesses certified by a notary are considered legal confirmation of a civil […]
There is a proverb that says that God sees everything, and neighbors – even more! So and there is! And in some cases it happens literally. The story about neighbors who installed video cameras aimed at the neighbor’s yard ended in the Supreme Court with a legal conclusion in case No. 279/2012/17 of 03/03/2020. So, […]
The authorities continue to make sure that citizens provide themselves with housing! Not so long ago, the Ministry of Regional Development explained the nuances of a simplified procedure for the construction of a residential building, and now a detailed procedure for putting private houses into operation has appeared on the official website. Analyzing the process! […]
Entrust the settlement of legal disputes to the SPEAKER team of professionals! Get the highest level of legal services.
Мы готовы приступить к обсуждению Вашей задачи. Вскоре с Вами свяжемся.Back