The Supreme Court forbade without justification to ascribe to the accused a violation of the interests of the state
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The Supreme Court (SC) of Russia, based on the consideration of the complaint of a woman convicted of abuse of power in the performance of the state defense order, prohibited attributing to the defendants a violation of the interests of the state without explaining how these interests are violated, reports RAPSI with reference to the definition (.pdf) Sun.
The Leninsky District Court of Astrakhan in April 2021 found that the defendant organized fictitious training and certification of the knowledge of several employees of the company fulfilling the state defense order, follows from the definition. Subsequently, they were allowed to work on industrial safety and electrical safety, the agency reports. The accused was convicted under Part 1 of Art. 285.4 of the Criminal Code of the Russian Federation for abuse of official powers in the execution of the state defense order, which resulted in the violation of “legally protected interests of the state.”
“When recognizing the defendant guilty of committing a crime on grounds related to evaluative categories (for example, grave consequences, significant harm, the presence of mercenary or other personal interest), the court should not confine itself to referring to the relevant ground, but must cite circumstances in the descriptive and motivational part of the verdict. , which served as the basis for the conclusion about the presence of the indicated sign in the deed, ”the decision of the Supreme Court says. The panel of judges decided to cancel the verdict and send the criminal case for a new trial to the court of first instance.
RAPSI clarifies that in this document the Supreme Court is guided by the decisions of the Plenum of the Supreme Court of November 29, 2016 No. 55 and October 16, 2009 No. 19. The Supreme Court, in particular, notes that, in fact, the Leninsky District Court, in describing criminal acts, recognized not a violation of the interests of the state, but the interests of specific individuals.
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