Moscow. 8 Feb. INTERFAX.RU – the Leninsky court of Kirov appointed opposition leader Alexei Navalny a suspended sentence for embezzling money from the enterprise “Kirovles”.
As reported on Wednesday, the correspondent of “Interfax”, it follows from the judge’s Vtyurin Alexey. Another defendant in the case, Pyotr Ofitserov was sentenced to four years probation.
“Recognize Navalny guilty and sentenced him to five years probation and a fine of 500 thousand rubles,” – said the judge.
the Case of Kirovec
the first time the verdict in the case of “Kirovles” Navalny and entrepreneur Peter Ofitserova accused of stealing 16 million rubles from the company “Kirovles”, was passed by the Leninsky court in Kirov on 18 July 2013. The court found that defendants had committed theft of 10 thousand cubic meters of timber worth 16 million rubles from the Kirov state-owned enterprises.
the Defendants were taken into custody in the courtroom, but the next day was released on his own recognizance until the sentence comes into force. Later the Kirov regional court changed the sentence to the condemned, replacing the real punishment is probation and a fine of 500 thousand rubles.
Previously on this case in a special manner was convicted under the same article concluded a deal with the investigation eks-the General Director of “Kirovles” Vyacheslav Opalev, who testified against Navalny and Ofitserov as the investigation and in court, and his conviction was recorded the fact of theft in the circumstances of the case against the opposition leader and businessman.
Under the protection of the ECHR
Security and ofitserova Navalny appealed to the European court of human rights (ECtHR) with a complaint of a violation of the right to a fair trial. The Strasbourg court published February 23, 2016 the decision sided with the applicants.
the ECtHR ruled that the Russian courts found Navalny and Ofitserov guilty of a crime, consisting in actions that are indistinguishable from legitimate business activities, “in other words, there has been an arbitrary interpretation of the law in violation of the rights of the accused”.
Later, the ECHR refused to consider the appeal of the Russian Federation on the decision. He also ruled that Russia must pay Navalny and Ofitserova in compensation a total of more than 80 thousand Euro.
the Presidium of the Supreme court (SC) of the Russian Federation on 16 November 2016 overturned the conviction of Navalny and Ofitserova on the proposal of the Chairman of the armed forces of the Russian Federation on the resumption of the proceedings in connection with the decision of the ECHR.
New process
a New trial of the case began in the Leninsky district court of Kirov on December 5, 2016.
February 1, Navalny was taken to court to force court enforcement officers from-for absence at the previous meeting. On the same day judge Alex vtyurin chose as a preventive measure both defendants on bail until February 10, however, before you retire to the jury room on 3 February allowed them to leave the Kirov before the verdict.
In the debate of the parties on 3 February, the prosecution asked to appoint the Bulk penalty of five years imprisonment, a Penal – probation to four years and a fine of 500 thousand rubles each. According to prosecutors, in the course of the proceedings the guilt of the accused is fully proved by collected proofs and indications of witnesses.
the claim of the company “Kirovles” to recover from the defendants damages in the amount of 16 million rubles, the state prosecution considers necessary to consider the other process in civil proceedings.
Protection of the defendants asked the court to acquit the defendant, since the case materials do not only the absence in the actions of Navalny and Ofitserov of a crime, but the crime event itself.
According to the lawyer of the oppositionist Olga Mikhaylova, “no reason to convict Navalny and Ofitserov is not available” and “no indication of theft of property of “Kirovles”.
In his latest speech, Navalny expressed surprise that prosecutors in the retrial “did everything the same as last time” without providing new evidence of his guilt. “I am unhappy”, – the oppositionist summed up and expressed confidence that in case of conviction the one “will be cancelled as illegal.”
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