Charge for General Sugrobov and defendants in GUEBiPK case may be mitigated
The Supreme Court of the Russian Federation has created a precedent, removing the line “causing grave consequences” from the case of former MIA GUEBiPK Lieutenant Colonel Golubtsov, charged under the article for abuse of official powers.
The Supreme Court of Russia has removed item с from the charges against former Lieutenant Colonel Evgeny Golubstov under the Article 286 of the Russian Criminal Code, whose case had been severed from the high-profile anticorruption scandal involving ex-Head of GUEBiPK General Denis Sugrobov and his former subordinates.
As Kommersant notes, the aggravating phrase "causing grave consequences" has thus been removed from the charges of abuse of official powers.
The publication notes that the precedent created by the Supreme Court may affect the verdict in the main case, since the charges against Evgeny Golubtsov's former colleagues and his boss General Sugrobov in the creation of an organized crime group and participation therein (Art. 210 of the Russian Criminal Code) is based on similar actions. Which, accroding to the Supreme Court, had been incorrectly qualified.
Former Lieutenant General Sugrobov and ten of his subordinates are charged with creation of an organized crime group and participation therein (Art. 210 of the Russian Criminal Code) for the purpose of promotion. There are 21 episodes in the case, onw of which involves Golubtsov; term of his punishment has been reduced from 5 to 4 years. In addition, he may soon be released on parole.
The verdict of Sugrobov and other defendants of the GUEBiPK case, which is expected in April, may also not be as severe as required by the Prosecutor's Office (22 years in prison for the former head of GUEBiPK).
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The 21 episodes of abuse of official powers with grave consequences, including the one incriminated to Evgeny Golubtsov, have become the grounds for charging the police officers with creation of an OCG. At the same time, the prosecution interpreted the participation of other police officers in crimes in the same way as the actions of Lieutenant Colonel Golubtsov.
According to the appeal of ex-Lieutenant Colonel Golubtsov and his lawyers, the Smolensk Regional Court made a number of violations in sentencing.
It is about the watching and detentions of Smolensk officials by GUEBiPK officers in 2011, involved in the preparation for celebration of the city's 1150th anniversary. Back then, under the detectives' control, he brought 5 million rubles (84.7 thousand dollars) to Head of the Computing Center at the Smolensk Mayor's Office Housing and Communal Services Vitaly Erofeev. Following the detention, the latter told the police that the under the table payment was intended for City Manager Konstantin Lazarev and Head of the Smolensk Housing and Communal Services Department Nikolay Petrochenko. After that, all three were charged with swindling. The latter pleaded guilty and received a suspended sentence; the cases of Vitaly Erofeev and Konstantin Lazarev were dismissed. The officials became the victims of GUEBiPK employees' actions, and particularly those of Evgeny Golubtsov.
The court interpreted the police actions as provocative in order to create artificial evidence of Erofeev, Petrochenko, and Lazarev's guilt. The court also ruled that they would not have any criminal intent and the crime would not have been committed if it had not been for Golubtsov's and other GUEBiPK employees' interference.
However, Golubtsov believes that the evidence of his guilt has been distorted, the court's conclusion about the GUEBiPK employees rendering pressure on officials of the Smolensk administration is based merely on their testimony.
The managers of GUEBiPK, who spoke in court as witnesses, confirmed the legality of their subordinate's actions. The latter's lawyer Sergey Kazimirov also insists this was the case. And although the Supreme Court found the basic decision of the Smolensk Regional Court justified, Kommersant says, it did not discern any serious consequences in the convict's actions.
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