Court decisions Article 115 of the Criminal Code of the Russian Federation. Generalization of judicial practice under paragraph 2 of Article 115 of the Criminal Code of the Russian Federation
- Leninsky District Court of Kursk, composed of presiding judge Osipova R.N., with the participation of Art. assistant prosecutor of the Central Administrative District<адрес>Kozlovskoy T.Yu.,
- convicted Gurov O.N. and his defense lawyer Chavdar O.N., who presented certificate No. from DD.MM.YYYY and warrant No. from DD.MM.YYYY,
- under secretaries Alekhina N.S., Lysenko A.V.,
- and also – victim FULL NAME6,
- having considered the appeal submission of the assistant prosecutor of the Central Administrative District<адрес>Belikova Ya.B. on the verdict of the magistrate of the court district No. Central administrative district <адрес>from DD.MM.YYYY, to whom:
- Gurov<данные изъяты> <данные изъяты>, convicted by the verdict of the magistrate of court district No. TsO<адрес>from DD.MM.YYYY according to Art. Art. , clause “a”, 69 part 2 of the Criminal Code of the Russian Federation to punishment of 1 year 6 months of imprisonment with serving the sentence in a strict regime penal colony, held in custody with DD.MM.YYYY,
Installed:
- <адрес>from DD.MM.YYYY Gurov O.N. convicted under Art. Art. , paragraph “a”, 69 part 2 of the Criminal Code of the Russian Federation to a sentence of 1 year 6 months of imprisonment to be served in a maximum security correctional colony.
- Gurov O.N. threatened to kill FULL NAME6, who had reason to fear that this threat would be carried out.
- In addition, Gurov O.N. intentionally caused slight harm to health FULL NAME6, causing short-term health disorder from hooligan motives.
- The crimes were committed under the following circumstances.
- DD.MM.YYYY about 20 hours 40 minutes, Gurov 0, N., being on the landing<адрес>, drank alcoholic beverages with his acquaintances FULL NAME9, FULL NAME7, FULL NAME8, as well as persons unidentified during the inquiry. At this time, an acquaintance, FULL NAME9 - FULL NAME6, climbed onto the landing and headed towards her apartment. FULL NAME9 called FULL NAME6 to talk. FULL NAME6 explained that she was in a hurry to get home and asked him and his friends not to shout. When she was about to enter the apartment, Gurov O.N. approached her and offered to drink alcohol. Hearing the refusal FULL NAME6, Gurov became angry. At that moment, he had a criminal intent aimed at threatening to kill FULL NAME6 He grabbed her neck with his hand, while bending his hand forcefully elbow joint in front in the neck area FULL NAME6 so that the latter turned out to have her back to him. Then Gurov began to squeeze the neck FULL NAME6 with his right hand, causing her physical pain, thereby carrying out his criminal intent aimed at threatening to kill. Then, continuing to use physical force, Gurov O.N. began to tilt FULL NAME6 towards the floor, trying to force her to squat in order to detain her. After this, Gurov began to express himself with coarse obscene language addressed to FULL NAME6, continuing to forcefully hold her by the neck, performing suffocating actions and causing her physical pain, and then began to shake her from side to side. Fearing for her life and health, assuming that Gurov could kill her or cause harm to her health, FULL NAME6 tried to free herself from Gurov. However, Gurov, wanting to give reality to his threats, again began to shake FULL NAME6, holding her down and causing her physical pain, using rude obscene language against her. Then Gurov struck her with his fist in the area of her left eye, causing her to experience severe physical pain and, losing her balance, fell to the floor and hit her head on the floor. Gurov also kicked her several times in the body, continuing to use crude obscene language at her and threatening to kill her. When FULL NAME6 screamed, Gurov let her go and disappeared from the crime scene. FULL NAME6 perceived the death threat expressed to her by Gurov as real. She had reason to fear that this threat would be carried out, since Gurov was in a state of alcohol intoxication, was aggressive, explained to her that a few days ago he had been released from prison, which he provided psychological impact to suppress her will to resist. At the same time, Gurov expressed the threat of murder with particular rudeness, taking actions to confirm this threat: he strangled her by the neck, inflicted numerous blows, causing harm to her health.
- In addition, DD.MM.YYYY at approximately 20 hours 40 minutes Gurov O.N., being on the landing<адрес>in a state of alcoholic intoxication, after the refusal of a previously unfamiliar person, FULL NAME6, to drink alcohol with him on the basis of obvious disrespect for society, grossly violating community rules and moral standards, conditioning his desire to oppose himself to others and show his disdain to the last one, he began to choke her with his hand, and then began to shake her body from side to side, without removing his hand from her neck. When FULL NAME6 tried to free herself from Gurova O.N. and asked to let her go, Gurov, realizing that he was in public place and for committing these actions, he can be prosecuted, struck FULL NAME6 with a fist in the area of the left eye, causing her to experience severe physical pain and, losing her balance, fell to the floor, hit the floor occipital part heads. In continuation of his criminal intent aimed at deliberately causing slight harm health, Gurov began kicking her, FULL NAME6, to various parts of her body while she was lying on the floor, using rude obscene language at her, and also uttering a death threat. As a result of the criminal actions of Gurova O.N. FULL NAME6 bodily injuries were caused in the form of a bruise in the parietal-temporal region on the left, an abrasion of the frontal-parietal region to the right of the midline, three abrasions in the dorsum and tip of the nose indeterminate form, bruising of the upper and lower eyelids of the right eye, bruising of the upper and lower eyelids of the left eye, wounds in the middle third of the left superciliary region extending to the eyebrow and upper eyelid eyes, bruising upper lip on the right, passing to the mucous membrane in the form of hemorrhage, abrasion of the skin of the temporomygomatic region on the left, hemorrhage at the outer corner of the left eye, as well as at the outer corner of the right eye, bruising of the dorsal surface right hand, in the projection of the 2nd metacarpal hand, bruise in the projection of the head of the 2nd metacarpal bone of the right hand, four superficial wounds skin on the dorsum of the right hand, in the area of the 4th and 5th fingers, two wounds of the skin on the dorsum of the left hand and wrist joint, two bruises of the right forelimb knee joint, bruising outer surface left thigh, bruise on the outer surface of the middle third of the left leg, which caused slight harm to health FULL NAME6 on the basis of a short-term health disorder for a period of 21 days.
- In the appeal presentation, the assistant prosecutor of the Central Administrative District<адрес>Belikova Ya.B. asked to change the verdict of the magistrate due to the incorrect application of the criminal law by the magistrate, citing the need to reclassify the actions of O.N. Gurov. as amended by Federal Law No. 26-FZ dated, having retroactive effect and improving the position of the convicted Gurov O.N.
- At the same time, she considered it necessary to consider O.N. Gurov. convicted under the Criminal Code of the Russian Federation and the Criminal Code of the Russian Federation (as amended by No. 26-FZ of 03/07/2011), the Criminal Code of the Russian Federation, reducing the amount assigned to Gurov O.N. punishment for 2 months, and a total of up to 1 year 4 months of imprisonment to be served in a maximum security correctional colony.
- At the court hearing Art. Assistant Prosecutor of the Central Administrative District<адрес>Kozlovskaya T.Yu. supported the arguments of the appeal presentation on the grounds set out therein. At the same time, she did not object to considering the criminal case in a special manner, as in the court of first instance.
- Convict Gurov O.N. at the court hearing, he supported the prosecutor’s appeal on the stated grounds, and also did not object to the consideration of the case in a special manner.
- Defender Chavdar O.N. at the court hearing she supported the position of her client.
- The victim, FULL NAME6, at the court hearing left the consideration of the appeal submission to the discretion of the court. At the same time, she did not object to the consideration of the case in a special manner without judicial trial.
- Having heard the arguments of the parties and the opinion of the prosecutor, the appellate court established the following.
- Gurov O.N. made a threat to kill FULL NAME6, who had reason to fear that this threat would be carried out under the following circumstances.
- DD.MM.YYYY about 20 hours 40 minutes, Gurov O.N., being on the landing<адрес> , drank alcoholic beverages with his acquaintances FULL NAME9, FULL NAME7, FULL NAME8, as well as persons unidentified during the inquiry. At this time, an acquaintance, FULL NAME9 - FULL NAME6, climbed onto the landing and headed towards her apartment. FULL NAME9 called FULL NAME6 to talk, but the latter explained that she was in a hurry to get home and asked him and his friends not to shout. When she was about to enter the apartment, Gurov O.N. approached her and offered to drink alcohol. Hearing the refusal FULL NAME6, Gurov became angry. At this moment, he had a criminal intent aimed at threatening to kill FULL NAME6 After which, he grabbed her by the neck with his hand, while forcefully bending his arm at the elbow joint in front in the neck area FULL NAME6 so that the latter turned out to have her back to him. Then Gurov O.N. began to squeeze FULL NAME6’s neck with his right hand, causing her physical pain, thereby carrying out his criminal intent aimed at threatening to kill. Then, continuing to use physical force, Gurov O.N. began to tilt FULL NAME6 towards the floor, trying to force her to squat in order to detain her. At the same time, Gurov O.N. began to express himself with rude obscene language addressed to FULL NAME6, continuing to forcefully hold her by the neck, performing suffocating actions and causing her physical pain, and then began to shake her from side to side. Fearing for his life and health, assuming that Gurov O.N. could kill her or cause harm to her health, FULL NAME6 tried to free herself from Gurova O.N. However, Gurov O.N., wanting to give reality to his threats, again began to shake FULL NAME6, holding her and causing her physical pain, using rude obscene language against her. Then Gurov O.N. punched her in the area of her left eye, causing her to experience severe physical pain and, losing her balance, fell to the floor and hit her head on the floor. Gurov O.N. also kicked her several times in the body, continuing to use crude obscene language at her and threatening to kill her. When FULL NAME6 screamed, Gurov O.N. released her and fled the crime scene. The death threat expressed to her by Gurov O.N., FULL NAME6, was perceived as real. She had reason to fear that this threat would be carried out, since Gurov O.N. was intoxicated, was aggressive, explained to her that a few days ago he had been released from prison, which exerted a psychological influence to suppress her will to resist. At the same time, Gurov O.N. expressed a threat to kill with particular rudeness, taking actions to confirm this threat: he strangled her by the neck, inflicted numerous blows, causing harm to her health.
- In addition, Gurov O.N. committed intentional infliction of slight harm to health FULL NAME6, causing short-term health disorder, from hooligan motives, under the following circumstances.
- DD.MM.YYYY at approximately 20 hours 40 minutes Gurov O.N., being on the landing<адрес>, in a state of alcoholic intoxication after the refusal of a previously unknown person, FULL NAME6, to drink alcohol with him on the basis of obvious disrespect for society, grossly violating the rules of society and moral norms, conditioning his desire to oppose himself to those around him and show his disdain for the latter, began to strangle her with his hand, and then he began to shake her body from side to side, without removing his hands from her neck. When FULL NAME6 tried to free herself from Gurova O.N. and asked to let her go, Gurov O.N., realizing that he was in a public place and for committing these actions, he could be prosecuted, struck FULL NAME6 with a fist in the area of the left eye, which caused her to experience severe physical pain and, having lost balance, fell to the floor, hit the floor with the back of her head. In continuation of his criminal intent, aimed at intentionally causing minor harm to health, Gurov O.N. began to kick her in various parts of her body while she was lying on the floor, FULL NAME6, using rude obscene language against her, as well as uttering a death threat. As a result of the criminal actions of Gurova O.N. according to the conclusions of the forensic medical examination No. from DD.MM.YYYY and No. from DD.MM.YYYY FULL NAME6, bodily injuries were inflicted that caused minor harm to health, on the basis of a short-term health disorder for a period of 21 days.
- At the court hearing, the convicted Gurov O.N. and his defense lawyer, the victim and the prosecutor, the validity of the charges brought and the correctness of the qualifications of O.N. Gurov’s actions. did not challenge or object to the consideration of the criminal case in a special manner without a trial.
- The court found that Gurov O.N. accused of committing a set of crimes, the punishment for each of which does not exceed 10 years in prison, which is the basis for the application of a special decision-making procedure (Criminal Code of the Russian Federation).
- The accusation, which the convict agreed with, is justified and supported by evidence collected in the case.
- Actions of the defendant Gurov O.N. The magistrate correctly qualified it under the Criminal Code of the Russian Federation as intentional infliction of minor harm to health, causing a short-term health disorder, from hooligan motives, and under the Criminal Code of the Russian Federation as a threat to murder, since there were grounds to fear the implementation of this threat.
- Discussing the question of the punishment for the convicted Gurov O.N., the court considers that the punishment imposed by the magistrate in the form of imprisonment corresponds to the nature and degree of public danger of the crime.
- When imposing a sentence, the court of first instance also took into account the impact of the imposed punishment on the correction of the convicted person, the identity of the perpetrator, including mitigating and aggravating circumstances in accordance with the requirements of the Criminal Code of the Russian Federation, and the specific circumstances of the commission of the crime by the convicted person.
- The court of first instance correctly took into account the following circumstances in relation to the convicted person as mitigating punishment: confession, partial compensation for moral damage to the victim, state of health (tuberculosis disease).
- And also, when imposing the punishment, the magistrate correctly took into account information about the personality of Gurov O.N., namely, that Gurov O.N. is not registered with a narcologist or a psychiatrist, and is characterized satisfactorily at his place of residence.
- In addition, the magistrate took into account that the victim did not insist on a strict punishment.
- The court of first instance also correctly took into account as aggravating circumstances in relation to the convicted person: recidivism of crimes in accordance with the Criminal Code of the Russian Federation, since Gurov O.N. These crimes were committed during the period of outstanding conviction.
- When assigning punishment to Gurov O.N. The court of first instance was also correctly guided by the requirements of the Code of Criminal Procedure of the Russian Federation, which stipulates that the term of punishment cannot exceed 2/3 of the maximum term or the amount of the most severe type of punishment provided for the crime committed.
- The magistrate did not correctly see the grounds for applying the rules of the Criminal Code of the Russian Federation, and in fact applied the rules of the Criminal Code of the Russian Federation.
- Taking into account the social danger of what the convict did and information about his personality, the court rightfully sentenced him to actual imprisonment.
- Having discussed the arguments of the appeal presentation and having checked the case materials, the court comes to the following conclusion.
- By the verdict of the magistrate of court district No.<адрес>from DD.MM.YYYY Gurov O.N. sentenced according to the Criminal Code of the Russian Federation to 9 months of imprisonment, according to the Criminal Code of the Russian Federation to 1 year of imprisonment, according to the Criminal Code of the Russian Federation for the totality of crimes, a sentence of 1 year 6 months of imprisonment was finally imposed, with the sentence being served in a high-security penal colony.
- Federal law No. 26-FZ from the Criminal Code of the Russian Federation is set out in a new edition, improving the situation of persons who committed the relevant crimes, and, therefore, when imposing punishment on Gurov O.N. it was necessary to apply the criminal law as amended by the said law, which was not done by the magistrate.
- Taking into account all the circumstances of the case, the court comes to the conclusion that the magistrate of judicial district No.<адрес>the norms of the criminal law were incorrectly applied when assigning punishment to the convicted Gurov O.N., his actions should be reclassified from the Criminal Code of the Russian Federation to the Criminal Code of the Russian Federation (as amended No. 26-FZ of 03/07/2011), without reducing the punishment, since Gurov O.N. sentenced to a penalty of imprisonment, and amendments to the Criminal Code of the Russian Federation were introduced by the specified law as a measure of punishment in the form of correctional labor.
- As for the arguments of the appeal regarding the reclassification of the actions of the convicted Gurov O.N. from Part 1 of the Criminal Code of the Russian Federation to
PRI G O V O R
In the name of the Russian Federation
Butyrsky District Court of Moscow, presiding - federal judge Kovalevsky Yu.Yu., with the participation of:
- state prosecutor - represented by the senior assistant prosecutor of the North-Eastern Administrative District of Moscow O.V. Smorodinova,
- defendant Kapralov A.A.,
- defenders - lawyers:
— Yudina N.S. who presented certificate No. dated DD.MM.YYYY and warrant No. dated DD.MM.YYYY, issued<данные изъяты>
— Balamutova K.A. who presented ID No. and warrant No. BK-054 dated DD.MM.YYYY, issued<данные изъяты>
- victim FULL NAME1,
- representative of the injured lawyer S.S. Novoselov-Chursin, who presented certificate No. dated DD.MM.YYYY and warrant No. dated DD.MM.YYYY, issued<данные изъяты>
with the secretary of the court session E.I. Kuznetsova,
having examined in open court criminal case No. 1-22/12 in relation to:
Kapralov A. A.ich,<данные изъяты>
accused of committing a crime under Part 2 of Art. 318 of the Criminal Code of the Russian Federation,
U S T A N O V I L:
Kapralov A.A. guilty of intentionally causing minor harm to health, causing short-term health disorder, namely:
So he, DD.MM.YYYY, in the period of time from approximately 08:30 to 08:45, being on the staircase of the 11th floor<адрес>V<адрес>, together with his previously known FULL NAME1, guided by criminal intent that arose on the basis of personal hostile relationships, aimed at using violence dangerous to life and health against FULL NAME1, unexpectedly approached the latter and dealt him at least one blow with his fist right hand to the area of the right side of the head. From the blow he received, the victim fell to the floor, after which Kapralov A.A. continued to inflict FULL NAME1 numerous blows to the head and torso, that is, to the vital location important organs, namely, at least 8 blows to the head and body with fists of both hands, that is, to the location of vital organs. After which, in continuation of his criminal intent, realizing the socially dangerous nature of his actions and the onset of unfavorable consequences for the victim, he came close to the person standing near the flight of stairs leading to the flight of stairs between<данные изъяты>floors, FULL NAME1, grabbed him by the uniform shirt and pushed him down, as a result of which FULL NAME1 fell down the stairs and hit the wall of the entrance.
By his criminal actions Kapralov A.A. caused FULL NAME1 moral suffering, physical pain and the following bodily injuries:
- closed craniocerebral injury - abrasions of the temporo-parietal region on the right and zygomatic region on the right, abrasions of the face, head, concussion caused by impact-sliding impacts from blunt impacts hard objects(object) or when struck by such, causing slight harm to health due to the danger of a short-term health disorder lasting up to three weeks from the moment of injury (up to 21 days inclusive);
- abrasions chest on both sides at the level of 6-8 intercostal spaces, which were formed from the sliding effects of blunt hard objects (subjects) or from friction against them, which did not entail short-term health problems and minor permanent disability, therefore regarded as injuries that did not cause harm to human health .
Defendant A.A. Kapralov, interrogated at the court hearing. admitted guilt in full for the crime charged to him and testified that he was DD.MM.YYYY in the morning while on a flight of stairs<адрес>V<адрес>left his apartment, which he rents together with his wife and newborn child, saw a previously familiar neighbor on the landing, FULL NAME1, and in connection with nervous breakdown regarding a conversation with his wife over a child, on the basis of personal hostility, he approached the latter and began punching him in various parts of the body, on the head and torso. This intent to cause physical harm FULL NAME1 arose in connection with a long-term hostility, showing that he and his wife had recently had a child, whom they had been waiting for a long time, the birth was very difficult, namely, it was done by the wife C-section, and in keyhole their front door someone poured glue, in connection with which he decided that it was the neighbor FULL NAME1 who did it, and being afraid for the child, namely that a doctor might come to them, he would not be able to enter their apartment, since the door lock was damaged, on this basis he attacked his neighbor. He agrees with the damage caused by FULL NAME1, since he allows it to arise from his actions, and also asks for public forgiveness from the victim.
Despite the fact that the defendant Kapralov A.A. He admitted his guilt in the act charged to him in full, his guilt in the crime is fully confirmed by the testimony of the victim, FULL NAME1, interrogated at the court hearing, as well as announced in accordance with Part 1 of Art. 281 of the Code of Criminal Procedure of the Russian Federation at the request and with the consent of the parties, the testimony given at the preliminary investigation of witnesses FULL NAME6, FULL NAME2, FULL NAME9, FULL NAME3, FULL NAME4, FULL NAME5, FULL NAME10, as well as written materials of the criminal case examined at the court hearing.
The victim, FULL NAME1, interrogated at the court hearing, testified that DD.MM.YYYY, at approximately 08:30 he got ready and went to work, at that time he was dressed in full employee uniform<данные изъяты>With distinctive signs, indicating belonging to organs<данные изъяты>, namely in a uniform shirt of blue color with pagons, as well as blue uniform trousers with stripes on the sides. When he left his apartment, his sister, FULL NAME 6, and her friend, FULL NAME 7, remained in the apartment; he did not close the door of his apartment, because he has the habit of first calling the elevator and then closing the apartment. Calling the elevator to go to work, from<адрес>his neighbor Kapralov A.A. ran out, who unexpectedly struck him with his right hand in the right side, temporal part heads. From the blow he fell on a short time lost consciousness. When he woke up, he felt that Kapralov A.A. continues to strike him in the head and body area, while he was in a lying position on the concrete floor. Then he stood up and began to defend himself, hiding from the blows, putting his hands forward. At the same time, he informed A.A. Kapralov that I was an employee law enforcement, and that by inflicting bodily harm on him, he (A.A. Kapralov) was committing a criminal offense and asked him to calm down. However, Kapralov A.A. ignored his words, continued to strike, while using rude obscene language against him, and behaved very aggressively. He was also beaten by his wife A.A. Kapralov. – FULL NAME8, who struck him on the back with an unknown object, similar to a rolling pin. At the same time, Kapralov A.A. shouted to her: “<данные изъяты>! Having inflicted on him, FULL NAME1, a total of approximately 10 blows with fists in the area of the head and body, Kapralov A.A. grabbed his uniform shirt with his hands and pushed him down the flight of stairs between the 10th and 11th floors, at that moment he was facing the indicated flight of stairs, as a result of which he managed to take about 1-2 steps up the stairs, then fell, hitting the floor left knee. At that moment, his sister screamed and ran out onto the landing. Fearing for the health of his sister, that she too might be injured, he quickly stood up and walked up the stairs. He ran up to his sister and quickly led her into the apartment, closing the door behind him. When they got to the apartment, he felt unwell, he became dizzy, began to feel nauseous, and was bleeding from his mouth and nose.
From the read-out testimony of the witness FULL NAME 6 (sister of the victim FULL NAME 1) (vol. 1 case files 78-79, 81-85) it follows that DD.MM.YYYY, at approximately 08:30, when her brother left the apartment, for in order to proceed to the place of work, and he is a senior assistant<данные изъяты>, Kapralov A.A., who lives in<адрес>, and struck him one blow with the fist of his hand in the head area, after which, when FULL NAME1 turned to Kapralov A.A. face, continued to strike him with fists in the head area. In response to the words of FULL NAME1 that he is a law enforcement officer, and, causing him bodily harm, Kapralov A.A. commits a crime, as well as to the demands of FULL NAME1 to stop beating him, Kapralov A.A. continued to strike him, FULL NAME1, with blows, while using rude obscene language against him. Then, when FULL NAME1 was near the flight of stairs, Kapralov A.A. approached the latter and, grabbing him by the uniform shirt, pushed him down the stairs, as a result of which FULL NAME1 fell, hitting the wall of the stairwell between<адрес>floors. During the conflict, in response to the noise, neighbors came out<адрес>who witnessed the above events.
As a result of the actions of Kapralov A.A., FULL NAME1 suffered bodily injuries, the latter felt ill, dizzy, and nauseated. FULL NAME1's uniform was stained with blood.
From the read-out testimony of witness FULL NAME2 (vol. 1 case file 97-102) it follows that DD.MM.YYYY, at approximately 08:30 a.m. she was in her apartment at the address:<адрес>. When she was in the kitchen, she heard noise and screams coming from the entrance, and therefore, she assumed that something had happened in their<адрес>. However, when she entered the stairwell, she heard women screaming, and there was no one on their floor at the time. Looking down between the flights of stairs, she saw that on the landing<адрес>a heavyset man unknown to her, tall struck with fists in the area of the face and head FULL NAME1, living in<адрес>. FULL NAME1, in turn, only waved away the man beating him. Also behind FULL NAME1 stood a woman previously unknown to her, who was shouting something, however, what exactly she did not remember. Seeing what was happening, she began to shout FULL NAME1: “<данные изъяты>!”, as a result of which FULL NAME1 turned around, and at that moment the man, Kapralov A.A., pushed him in the back, after which FULL NAME1 quickly ran down the stairs, hitting the walls of the entrance, after which he immediately squatted down. Then FULL NAME1 quickly stood up and quickly climbed the stairs. At that moment, sister FULL NAME1 - FULL NAME11 (FULL NAME6) came out of apartment No., who had not previously gone directly onto the landing, but was standing in the doorway. When Full Name1 got up, he took Full Name6 into the apartment and closed the door. She, FULL NAME2, at that moment was already standing on the flight of stairs<адрес>. She, Full Name 2, began to scold the man, saying that he was bigger than Full Name 1, and he was offending him. She (FULL NAME2) also explained that at the time of the conflict, FULL NAME1 was wearing a uniform, namely a blue shirt with shoulder straps and trousers. She said that she did not see blood on the man who beat FULL NAME1 and she saw blood on FULL NAME1’s shirt.
From the testimony of witness FULL NAME9 (grandson FULL NAME2) read out in accordance with Part 1 of Article 281 of the Code of Criminal Procedure of the Russian Federation (vol. 1 case sheet 86-87) it follows that he gave testimony that was similar in essence and content to the testimony of FULL NAME2, namely that DD.MM.YYYY, at approximately 08:30, he was at home. Hearing a noise in the entrance, he went out onto the staircase<адрес>V<адрес>where his apartment is located. Coming out, between the flights of stairs, he saw that on the landing<адрес>neighbor from<адрес>(Kapralov A.A.) strikes FULL NAME1, living in<адрес>. FULL NAME1 at that time was wearing an employee’s uniform<данные изъяты>. During the beating, Kapralov A.A. grabbed FULL NAME1 by the uniform shirt and threw him down the stairs between<адрес>floors, as a result of which FULL NAME1 fell. Then FULL NAME1 went up the stairs and brought FULL NAME6 into his apartment, and also went into the apartment himself. At the moment when Kapralov A.A. inflicted bodily harm on FULL NAME1, beat him with fists in the area of the face and body, FULL NAME1 did not resist him, did not cause bodily harm to him, while FULL NAME1 asked Kapralov A.A. to stop his illegal actions, asked him to calm down. After everything that happened, he, FULL NAME9, saw bodily injuries on the face of FULL NAME1, namely a cut on the bridge of the nose, an abrasion near the temple, also FULL NAME1 had a swollen cheek, there were blood stains on his uniform shirt. Any damage on the face of Kapralov A.A. he (FULL NAME9) did not see.
From the read-out testimony of the witness FULL NAME3 (vol. 1 case file 107-108) it follows that DD.MM.YYYY in the first half of the day he and his wife FULL NAME4 were at home. At that moment he heard a woman scream: “<данные изъяты>" Screams came from the landing. Looking through the door peephole, he saw a young man from<адрес>apartment is fighting with FULL NAME1 (FULL NAME1) from apartment no. FULL NAME1 and this young man mutually struck each other in the area of the head, face, and body. The fight between the young people took place near the door of his (FULL NAME3) apartment, so he could not go out onto the landing. There was also a woman on the landing who did not hit anyone.
From the read-out testimony of the witness FULL NAME4 (vol. 1 case file 104-105), who gave testimony essentially similar to the testimony of FULL NAME3, namely that DD.MM.YYYY in the first half of the day she and her husband FULL NAME3 were at home. At that moment she heard a woman scream: “<данные изъяты>! We have Small child" Screams came from the landing. Looking through the door peephole, she saw the young man from apartment No. fighting with FULL NAME1 (FULL NAME1) from apartment No. FULL NAME1 and this young man mutually struck each other in the area of the head, face, and body. The fight between the young people took place near the door of her (FULL NAME4) apartment, so she could not go out onto the landing. There was also a woman on the landing who did not hit anyone.
From the testimony of the witness FULL NAME5, read out in accordance with Part 1 of Article 281 of the Code of Criminal Procedure of the Russian Federation (vol. 1 case sheets 115-118), it follows that at approximately 08:40 hours DD.MM.YYYY, from the operational duty department of the Ministry of Internal Affairs of Russia for district<данные изъяты> <адрес>, as the operational duty officer explained, a service card “02” with information about causing bodily harm was passed at the indicated address. After this, the police officers immediately went to the specified address. Having arrived at the place, they went up to the 11th floor of entrance No., after which they rang the doorbell<адрес>, since a call was received from the residents of the specified apartment. In the apartment there was a young man, who later turned out to be FULL NAME1, as well as a girl. Full name1 explained that he is an employee<данные изъяты>, holds the position of senior assistant<данные изъяты>. At approximately 08:30 he went out to the entrance to go to work, and said that on the specified day he was dressed in an employee’s uniform<данные изъяты>. When FULL NAME1 was near the entrance elevator, his neighbor from apartment No. suddenly approached him, as it later turned out his name was Kapralov A.A., and struck FULL NAME1 in the head area, after which he continued to strike him (FULL NAME1) with blows. FULL NAME1 did not express his thoughts well, as he was in a depressed state, he was constantly holding his head, and was vomiting. FULL NAME1 showed the police officers his uniform, which was all dirty, and explained that he took it off after he went home. Some time after they arrived at the apartment, FULL NAME1, ambulance officers arrived at the latter’s place medical care. Having examined Full Name 1, the ambulance staff said that the latter had a suspicion of a concussion, recommended his hospitalization, and therefore took him with them and took him to the hospital. The police officers, in turn, went to the apartment of the neighbor FULL NAME1 - Kapralov A.A., to clarify the circumstances. To their question, Kapralov’s wife A.A. began to scream, behave inappropriately, said that FULL NAME1 himself attacked both of them, causing them bodily harm. Kapralov A.A. confirmed the words of his wife. A constructive conversation with FIO’s family did not work out, as the latter behaved inappropriately and aggressively. The police officers informed A.A. Kapralov. and his wife that they needed to go to the police station for further proceedings, they were told, after which Kapralov A.A. and his wife were taken to the department's control room<данные изъяты>to clarify the circumstances.
From the read-out testimony of the witness FULL NAME10 (vol. 1 case file 120-123) it follows that DD.MM.YYYY at approximately 08:30 a.m., according to the approved unified schedule, he entered service. At approximately 09 o'clock. 15 minutes. from the operational duty department<данные изъяты>received instructions to proceed to the following address:<адрес>there was a fight on the floor. After which he proceeded to the specified address. Having arrived at the scene, he began calling apartments to find out the circumstances of what happened. When he called<адрес>, the door was opened for him by Full Name 1, who explained that in the morning of that day, at approximately 08:30 a.m., he (Full Name 1) left the apartment in order to proceed to his place of work, and explained that he worked as a senior assistant<данные изъяты>. FULL NAME1 also explained that he went to work, dressed in full employee uniform<данные изъяты>. When he came out, he was attacked by a neighbor from<адрес>inflicted bodily harm on him, using violence in the form of punches to the head and face. At the same time, he used obscene language against him. As it later turned out, the neighbor’s name is A.A. Kapralov. According to FULL NAME1 Kapralov A.A. behaved aggressively and inappropriately. After which he reported what had happened to the department's duty station.<данные изъяты>, reported the need to send a group from the specified police department to the scene of the incident. After which he, FULL NAME10, went into the other apartments on the specified landing, as well as on the landing top floor, interviewed people living in these apartments in order to identify witnesses and eyewitnesses among them. During the interview, those neighbors who witnessed the incident confirmed the words of FULL NAME1 After which a SOG group arrived at the scene and began inspecting the scene of the incident.
In addition, the guilt of the defendant Kapralov A.A. is confirmed by the collected written materials of the case, namely:
- statement FULL NAME1 from DD.MM.YYYY, in which he reports that DD.MM.YYYY, at approximately 08:30, when he left the apartment to proceed to his place of work, on the landing<адрес>V<адрес>, he was attacked by a neighbor from apartment No. (Kapralov A.A.), who inflicted multiple injuries on him. At the same time, FULL NAME1 reported that at the time of his beating he was in uniform (vol. 1 case file 29);
- incident card No. dated DD.MM.YYYY, from which it follows that a report of bodily harm was received from FULL NAME6 at the address:<адрес>floor 11 (vol. 1, sheet 31);
- incident card No. from DD.MM.YYYY, received from the Sokolniki police department<адрес>about what's in<данные изъяты>I received a telephone message from the City Clinical Hospital<данные изъяты>with a message about bodily injuries found on FULL NAME1, diagnosis:<данные изъяты>(vol. 1 case file 32);
- a protocol for checking the testimony of the victim, FULL NAME1, on the spot, during which the latter proceeded with the participants of this investigative action to the landing<адрес>, where DD.MM.YYYY at approximately 08:30, at the moment when he was moving to the place of work, being in full employee uniform<данные изъяты>, Kapralov A.A. used violence against him that was dangerous to life and health, inflicting at least 8 blows to his head and body with fists (vol. 1 case sheet 151-155);
- a resolution on the recognition and inclusion of material evidence in the criminal case, from which it follows that the uniform FULL NAME1, namely a uniform shirt with traces of the substance brown color and uniform trousers, in which Full Name 1 was wearing at the time of the commission of illegal actions against him, were recognized as material evidence and included in criminal case No. (vol. 1 case file 196);
- protocol of inspection of the scene of the incident dated DD.MM.YYYY, during which it was established that the scene of the incident was the landing of the 11th floor<адрес>V<адрес>, where DD.MM.YYYY approximately during the time period from 08:30 to 08:45, Kapralov A.A. applied violence to FULL NAME1, beat him, causing him multiple bodily injuries. The employee's uniform was also confiscated during the search.<данные изъяты>, belonging to FULL NAME1, on which there were traces of a brown substance, which, in accordance with the expert’s conclusion No. dated DD.MM.YYYY, are human blood, which could have come from FULL NAME1 and could not have come from Kapralov A.A. (vol. 1 pp. 35-37);
- protocol of confrontation from DD.MM.YYYY between the victim FULL NAME1 and witness FULL NAME8, during which the victim FULL NAME1 confirmed the testimony he had previously given, incriminating Kapralov A.A. in the act accused of him (vol. 1 case sheet 125-131);
- protocol of confrontation from DD.MM.YYYY between the victim FULL NAME1 and witness Kapralov A.A., during which the victim FULL NAME1 confirmed the testimony he had previously given, incriminating Kapralov A.A. in the act accused of him (vol. 1 case sheet 135-143);
- protocol of confrontation dated DD.MM.YYYY between suspect Kapralov A.A. and witness FULL NAME9, during which, FULL NAME9 confirmed his testimony incriminating Kapralov A.A. in the act accused of him (vol. 1 case sheet 144-148);
- expert opinion No. dated DD.MM.YYYY, according to which Kapralov A.A. there are the following damages:
- hematomas, bruises of the nose, face, head, facial abrasions - formed from impact, squeezing, impact-sliding and sliding effects of blunt hard objects (objects) or from impacts, squeezing and friction against them; both individually and collectively did not entail a short-term health disorder and minor permanent loss of ability to work, therefore they are regarded as injuries that did not cause harm to human health (vol. 1 pp. 165-167);
- expert opinion No. dated DD.MM.YYYY, according to which FULL NAME1 has the following bodily injuries:
- closed craniocerebral injury - abrasions of the temporo-parietal region on the right and zygomatic region on the right, abrasions of the face, head, concussion - formed from the impact-sliding and impact effects of blunt hard objects (objects) or from impacts on them, possibly in time and under the circumstances specified in the resolution (from DD.MM.YYYY); caused minor harm to health on the basis of a short-term health disorder lasting up to three weeks from the moment of injury (up to 21 days inclusive) - in accordance with clause 8.1. appendices to order No. DD.MM.YYYY “medical criteria for determining the severity of harm caused to human health.”
- abrasions of the chest on both sides at the level of 6-8 intercostal spaces - formed from the sliding effects of blunt hard objects (objects) or from friction against them, did not entail short-term health problems and minor permanent disability, therefore they are regarded as injuries that did not cause harm to human health. Due to the lack of description of the condition and color of the surface of the abrasions, the condition of the soft tissues in the area of damage, it is not possible to speak precisely about the duration and circumstances of their formation, however, it is also impossible to exclude the possibility of the formation of damage within the time period and under the circumstances specified in the resolution (from DD.MM. YYYY) (vol. 1 pp. 176-178);
— expert opinion No. dated DD.MM.YYYY, according to which blood FULL NAME1 belongs to group No.;
From the laboratory certificate "<данные изъяты>» Health care facilities «<данные изъяты>» (<адрес>Direction No. No. from DD.MM.YYYY issued in the name of Kapralov A. A.ich, DD.MM.YYYY b. it follows that his blood belongs to group A (II).
On the uniform shirt and trousers FULL NAME1, seized during the inspection of the scene of the incident, human blood belonging to group 0?? was found, which could have come from FULL NAME1 and could not have come from Kapralov A.A. (vol. 1 pp. 187-188);
- protocol of inspection of items dated DD.MM.YYYY, during which uniform uniform FULL NAME1, uniform shirt were inspected blue color, trousers, which FULL NAME1 was wearing at the moment when Kapralov A.A. used violence against him that was dangerous to life and health. Upon inspection it was established that on the specified uniform there are traces of a brown substance (vol. 1, pp. 193-195);
- an extract from the order for recruitment, appointment to a position and establishment of additional payment No. dated DD.MM.YYYY, from which it follows that FULL NAME1 was accepted for federal service V<данные изъяты>and appointed to the position of senior assistant<данные изъяты>(this document confirms that at the time Kapralov A.A. committed illegal actions, FULL NAME1 was an active employee of the authorities<данные изъяты>, that is, he was an official) (vol. 1 case file 75).
The above written materials of the case were obtained in accordance with current legislation, in connection with which the court recognizes them as relevant and admissible evidence in the case.
Assessing the testimony of prosecution witnesses FULL NAME6, FULL NAME2, FULL NAME9, FULL NAME3, FULL NAME4, FULL NAME5, FULL NAME10 announced in accordance with Part 1 of Art. 281 of the Code of Criminal Procedure of the Russian Federation, at the request and with the consent of the parties given by them during the preliminary investigation, the court trusts them in full, since they are consistent, during the preliminary investigation, they do not contradict and complement each other, all witnesses were warned of criminal liability for refusal to give testimony and for giving knowingly false testimony, in connection with which the court recognizes them as relevant and admissible evidence in the case.
Assessing the testimony of the victim, FULL NAME1, the court trusts them in full, since they are consistent both at the preliminary investigation and during the trial, the victim is warned of criminal liability for refusing to testify and for giving knowingly false testimony, in addition, his testimony is fully consistent with testimony of prosecution witnesses, whom the court rated higher.
Evaluating the testimony of the defendant Kapralov A.A., the court trusts them, since they confirm the very fact of the use of violence against the victim, FULL NAME1, and are consistent in this part with the testimony of the latter and with the announced testimony of prosecution witnesses.
The bodies of the preliminary investigation into the actions of the defendant Kapralov A.A. erroneously classified under Part 2 of Article 318 of the Criminal Code of the Russian Federation, namely that he committed the use of violence dangerous to life and health against a government official in connection with the execution of his duties job responsibilities, since the incriminated act committed by Kapralov A.A. neither during the preliminary investigation nor at the court hearing were they found objective confirmation.
At the court hearing it was established that Kapralov A.A. I know the victim, Full Name 1, as a neighbor, and he developed hostile relations with the latter due to the fact that Full Name 1 and his relatives lived on the same staircase, and not due to the fact that Full Name 1 is an employee<данные изъяты>and performs his official duties, this fact was not disputed by the victim himself FULL NAME1
The commission of a crime under Part 2 of Article 318 of the Criminal Code of the Russian Federation, in connection with the performance by the victim FULL NAME1 of his official duties, presupposes the purpose of the defendant to impede the performance of official duties by the victim, or the motive of revenge for their performance, which the defendant Kapralov A.A. neither during the preliminary investigation nor during the court hearing were established and were not proven by the state prosecution, since the court was not presented with either facts or evidence of the performance by the victim FULL NAME1 of his official duties, which were prevented by the defendant Kapralov A.A.
Based on the foregoing, the court comes to the conclusion that it is necessary to re-qualify the actions of the defendant A.A. Kapralov. from Part 2 of Article 318 of the Criminal Code of the Russian Federation to Part 1 of Art. 115 of the Criminal Code of the Russian Federation.
Thus, assessing the evidence collected in the case in its entirety, the court considers that the guilt of the defendant Kapralov A.A. in committing a crime under Part 1 of Art. 115 of the Criminal Code of the Russian Federation has been established and proven.
Based on the above, the court actions of the defendant Kapralov A.A. qualifies under Part 1 of Article 115 of the Criminal Code of the Russian Federation, since he committed intentional infliction of minor harm to health, causing a short-term health disorder.
When appointing defendant Kapralov A.A. punishment the court takes into account his personality,<данные изъяты>
The court recognizes these circumstances in their totality as circumstances mitigating his punishment.
When assigning punishment, the court also takes into account the opinion of the victim, FULL NAME1, who has no claims against the defendant Kapralov A.A. has not and has accepted his public apology.
The court also takes into account the impact of the imposed punishment on the correction of the defendant and on the living conditions of his family.
Taking into account the above, the court considers it possible to appoint A.A. Kapralov to the defendant. punishment in the form of a fine.
Based on the above and guided by Art. 307, 308, 309, 310 Code of Criminal Procedure of the Russian Federation, court
PRI G O V O R I L:
Find A. A. KAPRALOV guilty of committing a crime under Part 1 of Article 115 of the Criminal Code of the Russian Federation and sentence him to a FINE in the amount of<данные изъяты>rubles
Before the sentence enters legal force preventive measure for convicted Kapralov A.A. in the form of a written undertaking not to leave the place and proper behavior - leave unchanged.
Evidence:
— uniform uniform FULL NAME1, namely a uniform shirt with traces of a brown substance and uniform trousers, in which FULL NAME1 was wearing at the time of the commission of unlawful actions against him, were recognized as material evidence and added to the criminal case, stored in the evidence storage room<данные изъяты>- upon entry into force of the sentence - RETURN to the rightful owner - the victim FULL NAME1
The verdict can be appealed in cassation to the Moscow City Court within 10 days from the date of proclamation, and by the convicted person within the same period, from the date of delivery of a copy of the verdict.
In case of filing cassation appeal the convicted person has the right to petition for his participation in the consideration of the case by the court of cassation.
Federal Judge
Generalization judicial practice in criminal cases under paragraph 2 of Article 115 of the Criminal Code of the Russian Federation for
9 months 2016
In pursuance of the work plan of the judicial area of the magistrate judge No. 3
In the city of Gaya, Orenburg Region, for the 2nd half of 2016, a generalization of practice in criminal cases under paragraph 2 of Article 115 of the Criminal Code of the Russian Federation was carried out.
The crime qualified under paragraph 2 of Article 115 of the Criminal Code of the Russian Federation is the intentional infliction of minor harm to health, causing a short-term health disorder or a minor permanent loss of general ability to work, committed with the use of weapons or objects used as weapons
Given criminal act, belongs to the category of low severity.
For 9 months of 2016, the magistrate of court district No. 3 in the city of Gai, Orenburg region, considered 6 cases provided for in paragraph 2 of article 115 of the Criminal Code of the Russian Federation. Convictions were made in all cases. All cases were considered within the time limits provided for by the Criminal Procedure Legislation.
All crimes were committed by males.
Minors did not commit the crimes provided for in paragraph 2 of Article 115 of the Criminal Code of the Russian Federation.
Of the 6 persons brought to criminal liability under paragraph 2 of Article 115 of the Criminal Code of the Russian Federation, 4 had an outstanding criminal record, in addition, there was a relapse of the crime
5 criminal cases of crimes provided for in paragraph 2 of Article 115 of the Criminal Code of the Russian Federation were considered in the order of special proceedings, 1 case was considered in the order of general proceedings.
The sanction of a crime committed under paragraph 2 of Article 115 of the Criminal Code provides for compulsory labor for a period of up to three hundred and sixty hours, or correctional labor for a period of up to one year, or restriction of work for a period of up to two years, or forced labor for a period of up to two years. , or arrest for a term of up to six months, or imprisonment for a term of up to two years.
The following punishment was imposed on 6 convicts:
Imprisonment 4 cases
Mandatory work - 1 case
Restriction of freedom -1 case
As mitigating circumstances when considering criminal cases, the magistrate recognized: full admission of guilt, repentance for the deed, the presence of young children, the state of health of loved ones.
Thus, the magistrate considered criminal case No. 1-**/2016 in relation to V, who had no previous convictions. When assigning the punishment, information about the personality of the defendant was taken into account, the fact that V. committed a crime for the first time, of minor gravity, fully admitted guilt in committing the crime, repented of his crime, lives with his family, works, and has two dependent children. Upon reviewing the materials of the criminal case, V. received a request for a verdict in the case without a trial, i.e. in a special procedure. Admission of guilt, repentance for the crime, and the presence of children were taken into account as mitigating circumstances. An aggravating circumstance is the commission of a crime while intoxicated. When assigning the type and amount of punishment, the magistrate took into account the nature and degree of public danger of the crime committed, information about the personality of the defendant, the need for the influence of the imposed punishment on the correction of the defendant, the totality of mitigating and aggravating circumstances, and imposed a sentence of mandatory work for a period of 320 hours.
When considering criminal cases, the magistrate recognized the following as aggravating circumstances: a criminal record, recidivism of a crime, commission of a crime while intoxicated.
Thus, the magistrate considered criminal case No. 1-**/2016 in relation to R, who had previously been convicted. The case was considered in general procedure. R did not admit guilt. R's health condition was taken into account as mitigating circumstances. Circumstances aggravating the punishment were the commission of a crime while intoxicated, the presence of two outstanding convictions, and the presence of a repeat crime. When assigning the type and amount of punishment, the magistrate took into account the nature and degree of public danger of the crime committed, information about the personality of the defendant, the need for the influence of the imposed punishment on the correction of the defendant, the totality of mitigating and aggravating circumstances, and imposed a sentence of imprisonment for a period of 8 months, serving a sentence in a maximum security colony.
The verdicts in 4 criminal cases under this category were appealed to appeal procedure. In one case the sentence was changed in terms of the regime of the correctional institution, and in 3 cases it was left unchanged.
In 1 criminal case of the category under consideration, a private resolution was issued to the head of the Russian OMV department for the Gai city district to take measures to eliminate the identified deficiencies. A response to the private resolution was received.
Spanish Secretary Kukaeva E.V.
Judicial precinct No. 8
Case No. 1-21/2012
PRI G O V O R
IN THE NAME OF THE RUSSIAN FEDERATION
Magistrate of the court district No. 8 of the Kryukovo district of Moscow Silina E.V.,
under the secretary - M.Yu. Vinogradova,
with:
State Prosecutor - Assistant Prosecutor of the Zelenograd Autonomous District of Moscow - Sorokina L.V.,
defender - lawyer Ananichuk M.V., *******
defendant - Platitsyn D.V.,
having examined in open court a criminal case on charges
Dmitry Valentinovich Platitsyn, ********not previously convicted,
accused of committing a crime under paragraph “a”, part 2, article 115 of the Criminal Code of the Russian Federation,
INSTALLED:
Platitsyn Dmitry Valentinovich committed intentional infliction of minor harm to health, causing short-term health disorder, out of hooligan motives.
He is ****** years old, at about 01:00, being near the cafe-bar “******”, located at the address: ******, building ******, for no reason, out of hooligan motives, grossly violating public order, expressing clear disrespect for society, in the presence of strangers, he beat the victim Ya., deliberately inflicting multiple punches and kicks on his head and body, which he did to the latter, according to the conclusion of expert No. * *** from ****** year, physical injuries in the form of a head injury, concussion, multiple bruises on the face and scalp, abrasions of the upper lip, hematomas of the eyelids of both eyes, contusions of both eyes of *** degree, bruises under the conjunctiva of both eyes in the outer sector, which together form a mild closed craniocerebral injury, which is qualified as causing EASY harm health, on the basis of a short-term health disorder lasting no more than 3 weeks, that is, he committed intentional infliction of slight harm to health, causing a short-term health disorder, out of hooligan motives.
The defendant D.V. Platitsyn, interrogated at the court hearing, fully admitted her guilt in committing the crime provided for in paragraph “a” of Part 2 of Article 115 of the Criminal Code of the Russian Federation and gave testimony similar to the circumstances set out in the descriptive part of the verdict.
In addition to the confessional testimony of the defendant Platitsyn D.V. of committing the crime charged to him is confirmed by the following evidence:
- testimony of the victim Ya. that ********, at night, he, his acquaintance B., young people named “M” and “T”, did not know their last names and other details , we arrived at the cafe-bar “*****”, located in the **** microdistrict of the city *****. Girl B's acquaintances were in this cafe. They approached the cafe and stopped about five meters from the porch. Then G. came out of the cafe, followed by D.V. Platitsyn. Approaching them, they stopped, after which they began to shake hands. Then he saw that a fight began between the guys, during which they struck each other. After this, D.V. Platitsyn approached him. and began to punch him in the head and face, the number of blows was approximately ****. He tried to move away from the cafe, but Platitsyn D.V. followed him and continued to punch and kick him. At some point, he /Ya./ fell to the ground, where he was also struck; he cannot say exactly how many there were, but approximately about ** (***) strikes. Since the blows were strong and were applied to the head and face, he covered his face with his hands and also felt severe physical pain. Then another young man approached him, who also struck him several times. He felt bad, lost consciousness and does not remember what happened to him next. Then an ambulance arrived, he was examined by a doctor, after which he was hospitalized in city hospital No. ***** city *******.
- the testimony of witness K., read out with the consent of the parties in accordance with Part 1 of Article 281 of the Code of Criminal Procedure of the Russian Federation, that he works as a bartender in the cafe-bar “*****” LLC “****”, located in the building ** **** G*******. ****** year, around ***** night he saw that several visitors were leaving, at that moment a girl ran into the cafe and began screaming to call ambulance. After that, he went outside, where he saw that there was an ambulance near the road, located not far from the cafe. There were people on the street at that time, to whom he asked: “What happened?” To which one of them said that they beat him here young man. He himself did not see anyone with bodily injuries. On the monitor on which you can view the recording from CCTV cameras, he did not see any fight at that time. Who could have committed the illegal act does not know; at that time there were a lot of people in the cafe (case files 61-63)
- the testimony of witness D., read out with the consent of the parties in accordance with Part 1 of Article 281 of the Code of Criminal Procedure of the Russian Federation, that in the early days of ******, he and his cousin Platitsyn D.V. I came to the city ******* to the cafe-bar “******”, located in the *** microdistrict of the city ****** for my friend G. About **** meters from the above cafe, he parked his car brand “******”, registration plate *******, silver. Platitsyn D.V. got out of the car and headed to the cafe. He stayed in the car. About ***** minutes later, a car drove up to the cafe, I don’t remember the make, and four people got out of it, walked up to the porch of the cafe and stopped. He doesn’t know these guys, he’s never seen them before. Then he saw that G. came out of the cafe, followed by D.V. Platitsyn, who approached the above-mentioned guys. He realized that a fight might happen now. After that, he saw that between G., Platitsyn D.V. and the guys started a fight, he didn’t see who hit whom first. He immediately got out of the car and walked towards the cafe where the fight had taken place. I approached the cafe from the left side. Approaching the cafe, he saw that G. was fighting there with one of the guys from the above company. He saw that there was one young man standing next to him, a thin build in a black coat from the above-mentioned company, he, approaching him, gave him a sweep, causing the young man to fall to the ground on his left side, after which he /D./ struck him ***kick to the body in the back area. The young man lay silent. Then his attention switched to his brother D.V. Platitsyn, who was located about **** meters away from him in a flowerbed. He immediately headed towards him. Coming closer to his brother, he saw that a young man was holding him by the back of his jacket, and in front of him, at a distance of about three or four steps, stood another young man, at present he could not describe them. He approached the young man who was holding his brother by the jacket, grabbed him by the sleeves of his jacket and threw him into left side, causing him to fall to the ground in the snow, after which he /D./ kicked him once in the body in the area of the right ribs. He did not inflict any more blows on him, but went to another young man who was standing opposite D.V. Platitsyn. He approached an unknown young man and hit him several times (about *** blows) with his hand in the face and body. After this, the young man tripped and fell to the ground, covering his head with his hands. He, turning to his brother Platitsyn D.V., saw that a young man was lying on the ground, as he assumes, he is not sure for sure, it was Ya., whom his brother kicked in the face and head. Since the blows were strong, he approached D.V. Platitsyn. and began to pull him away (grabbed him by the jacket) from Ya. He himself did not look at Ya. Beating by Platitsyn D.V. I lasted about *** minutes. He did not see the actions of the other guys, including G. After that, he, Platitsyn D.V. and G., together with the girls, got into his car. After that, he and D.V. Platitsyn They took G. and the girls to a club located in the *** microdistrict of the city ******, and they themselves went home. About *** days later, he called G. and asked why the fight happened, to which G. replied that earlier one of the above-mentioned group of guys had beaten him (case files 158-161)
- the testimony of witness G., read out with the consent of the parties in accordance with Part 1 of Article 281 of the Code of Criminal Procedure of the Russian Federation, that in ***** year, at a late time, he, together with T., Sh. went to a cafe-bar “ * ****.” At approximately ***** o'clock he called his friend D. and asked to pick him up from this cafe. After some time, D.V. Platitsyn came into the cafe and, approaching their table, said that he and D. had arrived and were ready to take him home. Then he saw that T. and Sh. went out into the street, he followed them. When he left the cafe, he saw four young people whom he saw for the second time in his life, the first time he saw these young people ***** years old with mutual friends. At that time, he did not know what their names were. Platitsyn D.V. went after him. Approaching the company of the above guys, he stopped about two meters from them, after which he said “hello” to everyone, and also shook hands with everyone. At this moment Platitsyn D.V. stood behind him, at a distance arm's length. Then he heard a young man of Asian appearance (“T”) ask D.V. Platitsyn: “Why doesn’t he greet him?” He did not hear what D.V. Platitsyn answered. After that, he assumed that the above guys, namely a young man, he introduced himself as “M” at the meeting, he doesn’t know his other details, might start a fight, so he was the first to punch him in the head, after which he punched him several more times blows to the head (can’t remember the exact number of blows). Then he /G./ gave him a sweep, from which the latter fell. When “M” was on the ground, he also struck him *** on the head with his hand and did not kick him. After that, he stepped aside, and “M” got to his feet and headed behind the cafe building. He saw blood on his face. He did not see what was happening around, including the actions of D.V. Platitsyn. All his attention was focused on "M", which he struck. He didn’t hit any of the guys anymore. For a while, he looked around and saw that a young man was sitting in a snowdrift (on the path) - Ya., who was sitting silently. There were some people next to Ya, since it was dark, he couldn’t make out who it was. He didn’t see how they beat Ya. At the time when he struck “M”, he did not see D. After that, he went to a cafe, where he took his jacket, since he went out in a T-shirt, dark in color with stripes on the sleeves, and then paid the waiter. Then he left the cafe, where he saw T., Sh. and they headed towards D.’s car. There he was, and saw D. himself and D.K. Platitsyn. They got into the car and drove to the 3rd microdistrict of Zelenograd, Moscow, to the club. From a conversation with D. and Platitsyn D.V., he realized that they also had a conflict with someone, during which they had a fight, during which Platitsyn D.V. the jacket was torn (case sheet 138-141).
- the testimony of witness B., read out with the consent of the parties in accordance with Part 1 of Article 281 of the Code of Criminal Procedure of the Russian Federation, that from *** to ****, he, Ya., Zh. M. and “T” went to Mr. *****, to his mutual friend “R”. After they stopped by “R”, they went to the cafe-bar “******”, located in the ***** microdistrict of the city ******. "R" did not go with them. Before going to the above-mentioned cafe, Zh.M. phoned a girl, T., who said that she was in the above-mentioned cafe and they were having a “bachelorette party.” He and the guys went to a cafe in a car that belonged to him, he was driving, so he didn’t drink any alcoholic beverages, the rest of the guys drank beer. Having arrived at the cafe, they got out of the car and headed towards the entrance to the cafe, where they were met by T. and Sh. (he saw these girls at his institute, where they study together, he did not know them well). When they approached the cafe together, G. came out (I don’t know him personally, I saw him once at the New Year celebration, which they celebrated together with T., Sh. and other guys). G. was wearing a short-sleeved shirt light color. After him, about five seconds later, a young man, previously unfamiliar to him, came out of the cafe, looking ****, Slavic appearance, average build, height ***** cm, brown hair, standard men's haircut, wearing a dark-colored sports jacket , gray jeans, boots (Platitsyn D.V.). G. and Platitsyn D.V. approached them. They stood in a circle. He did not see where the girls were at that time, but they were not in the male company. The guys started smoking, he took about two steps away from them. They were talking about something, he didn't hear the words. After that, he saw how G., approaching Zh. M., struck him in the face with his hand; he did not see any objects in G.’s hands. Then he /B./ saw Platitsyn D.V. began to beat “T”, punching him in the face, after which he was distracted for a while, and when he looked at “T”, he saw that he was lying on the ground and was being kicked by D.V. Platitsyn. and some other young man. He cannot describe his appearance, because he does not remember. After that, he saw how Platitsyn D.V. began to beat Ya., punching him in the face, and then continued to kick Ya, who had fallen to the ground. The young man who beat “T” switched to him /B./. They grappled with him, but he managed to knock him to the ground, and sitting on his knees, he began to hold him by the shoulders with his hands so that he could not strike. The beating of Ya. took place behind his back, and he could not see how he was being beaten. Then he somehow managed to look at Ya., and he saw that Platitsyn D.V. kicks him in the face. After which Platitsyn D.V. stopped hitting Ya. and went towards him /B./. Approaching him, he /Platitsyn D.V./ began to strike him on the head, struck about two or three blows, from which he lost consciousness. When he /B./ woke up, he was on his knees on the ground and saw that about two meters away from him, Ya. was lying on the ground, whose face was covered in blood. “T” and Zh.M. were nearby; he saw only small abrasions on them. After that, someone called an ambulance, and when they arrived, Ya. was taken to hospital No. ***, *****. He, T and “M” first went to the hospital to pick up Ya., then home. After he /B./ woke up, he did not see the guys who beat them, as well as G. (case files 55-58).
- a protocol for presenting a person for identification, during which the victim Ya. appearance identified Platitsyn D.V. as a young man who, ***** years old, near the cafe-bar “*****” punched him in the face (case file 129-130),
- the conclusion of the forensic medical examination No. **** dated ******, according to which the victim Ya. was found to have physical injuries in the form of a head injury, a concussion, multiple bruises on the face and scalp, an abrasion of the upper lip , hematomas of the eyelids of both eyes, contusions of both eyes of the 1st degree, bruises under the conjunctiva of both eyes in the external sector, which together form a mild closed craniocerebral injury, which is qualified as causing MILD harm to health, based on a short-term health disorder lasting no more than 3 -x weeks (case sheet 104-107),
- protocol of inspection of the scene of the incident dated ****** - a section of the area located at the address: *****, building ****, cafe - bar "*****", during the production of which victim Ya. explained that he was injured in this area of the area (case sheets 30-32),
- a protocol for the inspection of objects (documents) dated *****, during which a video recording on disk was viewed, made in the year ****** near the cafe-bar “*****”, located at the address: ******, building ****, which records the circumstances of causing bodily harm to the victim Ya. (case sheet 121-123),
- a statement by the victim Ya from ****** about taking measures against unknown persons who were *******, at approximately *** hour **** minutes, being near the cafe-bar “* *****”, located in the ***** microdistrict of the city ******, caused him bodily harm (case file 6).
- incident cards No. ****, No. *****, No. ****, according to which ***** in the vicinity of the cafe ****** Ya. were inflicted bodily injuries by unknown persons (ld. 3,5,8)
- a certificate from City Hospital No. ** stating that since ***** I have been treated in the trauma department of City Hospital No. *** with a diagnosis of head injury, concussion, bruises of the soft tissues of the head (ld. 9)
Thus, assessing the evidence presented in its entirety, the court considers the guilt of the defendant D.V. Platitsyn to be fully established. of committing intentional infliction of minor harm to health, causing a short-term health disorder, from hooligan motives and qualifies his actions under clause “a”, part 2 of article 115 of the Criminal Code of the Russian Federation.
When deciding on the imposition of criminal punishment, the court takes into account the nature and degree of public danger committed by D.V. Platitsyn. a crime classified as a crime of minor gravity, information about the identity of the defendant, who fully admitted his guilt, repented of his crime, is not registered with a psychiatrist or narcologist, has no previous convictions, works, and is characterized positively at his place of work. The court did not establish any circumstances aggravating or mitigating the defendant’s punishment.
Under such circumstances, the court considers it possible to appoint D.V. Platitsyn to the defendant. punishment in the form of correctional labor.
Civil claim by the prosecutor of the Zelenograd Autonomous District of Moscow in the interests of the Moscow City Mandatory Fund health insurance in the amount of ***** rubles **** kopecks, the court considers it necessary to satisfy.
Due to the failure of civil plaintiff Ya. court hearing the court considers it necessary civil action Ya.'s claim for compensation for moral damages shall be left without consideration, retaining Ya.'s right to sue in civil proceedings.
Based on the above and guided by Art. 303, 304 and 307-309 Code of Criminal Procedure of the Russian Federation, court
SENTENCED:
Find Dmitry Valentinovich Platitsyn guilty of committing a crime under paragraph “a” of Part 2 of Art. 115 of the Criminal Code of the Russian Federation, and sentence him to 8 (eight) months of correctional labor with the withholding of 5% of earnings to the state income.
The place of serving the sentence in the form of correctional labor shall be determined as the place of work of the convicted person D.V. Platitsyn.
Physical evidence - a disc with a video recording dated ******, after the verdict enters into legal force - should be kept in the case file.
Preventive measure for convicted D.V. Platitsyn until the sentence comes into force, leave it as before - a written undertaking not to leave the place and proper behavior.
The civil claim of the prosecutor of the Zelenograd Autonomous District of Moscow in the interests of the Moscow City Compulsory Medical Insurance Fund is satisfied.
To recover from Dmitry Valentinovich Platitsyn in favor of the Moscow City Compulsory Medical Insurance Fund an amount in the amount of **** rubles ***** kopecks.
Ya.’s civil claim for compensation for moral damage should be left without consideration, retaining Ya.’s right to bring a claim in civil proceedings.
The verdict can be appealed on appeal to the Zelenogradsky District Court of Moscow within 10 days from the date of proclamation. In case of filing appeal the convicted person has the right to petition for his participation in the consideration of the case by the appellate court.
Magistrate E.V. Silina
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