The Court of Cassation rehabilitated a man convicted of embezzlement of a transport worker

Themis decided that he could be brought not to criminal, but to administrative or disciplinary responsibility

The Second Court of Cassation of General Jurisdiction decided to cancel the too severe punishment that the head of the division of the motor transport enterprise was subjected to. Earlier, the man was convicted of embezzlement under a criminal article.

As it became known to MK, the metropolitan transport worker, with the complicity of the senior mechanic of his organization, stole property in the amount of 8024 rubles 50 kopecks. The court of first instance paid special attention to the fact that this act was committed using the official position and the fuel cards entrusted to the accused. That is, to put it simply, a citizen used a state-owned fuel card. Therefore, his act was qualified as a criminal offense, namely “Assignment or embezzlement”. The man was given a year of probation with a two-year probationary period. The Judicial Collegium for Criminal Cases of the Moscow City Court upheld the verdict of the first instance. But the Court of Cassation did not fully agree with the opinion of colleagues.

On the one hand, the cassation court agreed with their colleagues that embezzlement had taken place (the authors of the cassation appeal insisted that this act had not been proven). But at the same time, the court drew attention to the fact that although formally the act contained signs of a criminal offense, due to its insignificance it did not represent a public danger, and therefore is not a crime. This means that the embezzler can be brought not to criminal, but to administrative or disciplinary liability. The Judicial Board canceled the first two instances, recognizing the right to rehabilitation for the convict.